Self-dealing refers to circumstances where a fiduciary - - a person in a position of trust - - acts in their own interest instead of acting in the interests of those to whom they owe the fiduciary duty. For example, if a manager of an LLC runs the LLC in a way that...

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Enumerated means listed or expressly stated. When we refer to federal powers enumerated in the Constitution, we mean powers expressly stated in the Constitution. For example, Article I Section 8 of the Constitution provides enumerated powers of Congress, including the...

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Non-Hearsay: Statements not offered for the truth of the matter asserted

Hearsay is an out-of-court statement offered into evidence at trial to prove the truth of the matter asserted. For example, let's say a prosecutor wants to prove that Debbie robbed a bank. If the prosecutor has a witness testify that, "David told me that Debbie went...

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What is Selective Incorporation?

What is Selective Incorporation? Selective incorporation means that certain rights in the Bill of Rights  - - but not all rights in the Bill of Rights - - apply to the states. States may not enact laws that would violate those rights in the Bill of Rights that apply...

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Don’t Hide your Analysis

If you think it, write it ... or if it's in your head it should be on paper (or typed on the screen).   One useful tip for law school exams and the bar exam is to show your analysis in your essays. Almost everyone has heard this advice but not everyone follows...

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No Retroactive Application of Ramos v. Louisiana on Federal Review

  Two recent Supreme Court decisions provide an excellent example of how case law develops in the United States and when decisions have retroactive application. We'll first the 2020 decision in Ramos v. Louisiana, and then summarize the Supreme Court's 2021...

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Persuading Students to Respect Paraphrasing

 I Failed to Persuade a Student to Respect Paraphrasing, but Another Lawyer Succeeded... Or... The ACLU Demonstrated the Value of  Paraphrasing...Or....That Brief Convinced the Student he Should Practice Paraphrasing...Or...A recent case, in which a student cursed her...

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