Legal Theory Lexicon: Property Rules and Liability Rules

By Charles D. Snow —A recent appellate court decision vacating a Federal Trade Commission (“FTC”) rule on procedural grounds may spell the end of the effort to implement the “Negative Option Rule.” For any blog reader who has ever missed that cancellation deadline and found themselves saddled with another month (or year) of a streaming service or gym membership, this decision may be of personal interest, but, for regulated industry, it highlights how a procedural win can sometimes be a full victory. On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit delivered a major blow to the FTC’s efforts to simplify subscription cancellations, vacating the Commission’s finalized amendments to its “Negative Option Rule.”  This rule, finalized in October 2024, was designed to make it easier for consumers to cancel automatically renewing subscriptions and recurring charges—addressing widespread complaints about…

On July 18, 2025, the President of the United States, Donald J. Trump, signed into law the much anticipated Guiding and Establishing National Innovation for U.S. Stablecoins Act, that is the GENIUS Act, a sweeping piece of legislation that provides a legal framework for U.S. dollar backed stablecoins. While the bill has been touted as a landmark moment in the evolution of financial technology, what may be less appreciated, but no less transformative, is how the GENIUS Act could unlock long awaited capital for voluntary green building and energy efficient upgrades in commercial real estate. The Greatest Revolution Since “the Birth of the Internet” During the signing ceremony, President Trump declared that the dollar backed stablecoin authorized under the GENIUS Act could be “the greatest revolution in financial technology since the birth of the Internet.” That may sound hyperbolic, but for those of us working at the intersection of environmental law, real…

From a recent email message: SOUTHWESTERN LAW SCHOOL in Los Angeles invites applications for the following positions: · Full-time entry-level or lateral tenure/tenure-track position. Our primary curricular needs include Constitutional Criminal Procedure and Legal Profession. When selecting candidates to interview, we also will consider whether they might also contribute in the following areas: Administrative Law, Contracts, Copyright, electives; Cyberlaw/Technology/Privacy, Entertainment Law, Family Law, and International Business Transactions. · Full-time entry-level or experienced Associate Professor or Professor of Legal Analysis, Writing, and Skills. Visit https://www.swlaw.edu/employment-sw to view the full ads. Founded in 1911, Southwestern is an ABA-accredited, independent law school located in the center of Los Angeles. Our mission includes educating lawyers ready to serve clients, the profession, and our society with excellence, empowering students to…

R (ex parte AIN) v London Borough of Tower Hamlets. High Court (Admin) 29 April 2025 (Unreported elsewhere. We have a full note of judgment (unapproved) from the claimant’s solicitors, Osbornes Law, for which we are grateful). It is interesting in its treatment of the ‘five factors’ for consideration in making a mandatory order set out in Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45 (our note). This was the judgment on an application for interim relief in a judicial review claim on Tower Hamlets leaving AIN in unsuitable accommodation under section 193 Housing Act 1996, despite accepting on review that the property was unsuitable in February 2023. Tower Hamlets had made six offers of other properties, but each was (and accepted to be) unsuitable and withdrawn. AIN had complex physical and mental health needs and is disabled. She cannot leave the temporary accommodation unaided. . In April 2022 there was a fire, and the AIN had to…

A New Jersey child custody case has the potential to be among the most complicated legal proceedings in a court in the Garden State. Navigating a New Jersey child custody case typically is an emotionally charged and legally complex process. While the idea of self-representation might seem appealing to avoid attorney fees or to maintain personal control, that is not necessarily the best approach to take this type of proceeding. Self-representation oftentimes leads to unfavorable outcomes for a party to child custody proceedings. There are a number of significant, key reasons why you should not represent yourself in a New Jersey child custody proceeding.  Lack of Legal Knowledge Can Hurt Your Case At the outset, it is important to understand that New Jersey family law is intricate and continually evolving. Custody decisions hinge on the “best interests of the child.” This is a legal standard that requires a detailed understanding of legal statutes, case law, and…

By: Award-winning Criminal Lawyers and Legal Book Co-Authors Cory Yager (a highest rated Martindale Battery Attorney Georgia and ex-police officer) and Larry Kohn, an AVVO Superstar Assault Lawyer Atlanta with nearly 600 5-Star Reviews Navigating the intricacies of these Georgia law domestic violence criminal charges can be overwhelming for victims and their families. It is crucial to have a thorough grasp of the legal definitions and procedures needed in your case to effectively pursue justice and protection. Moreover, understanding these laws empowers individuals and communities to better support victims and contribute to fostering a safer environment for all. Many who are charged with violating domestic violence laws in GA are shocked to learn that such a simple battery charge can affect gun rights and possibly alter your ability to be with or see their children. Continue reading › The post Top Attorneys for Domestic Violence Laws in Georgia appeared first on Georgia…

A UN expert on Thursday condemned Israel’s violence on Palestinian women and girls, calling it a “femi-genocide” and accusing the Israeli government of deliberate killing with the “intent to destroy” the continuity of the Palestinian people. Reem Alsalem, the United Nations Special Rapporteur on violence against Women and Girls, called Israel’s actions “so extreme” that “existing concepts in legal and criminal frameworks” cannot adequately capture their severity. Alsalem also expressed deep concern about the sexual violence perpetrated against Palestinian women by Israeli forces, including rape, which Alsalem alleges creates a “climate of desperation” within the civilian population in Gaza. According to a report from March 2025 of the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, Israel has been found to use sexual and gender-based violence as a method of war and…

In a stipulation included in a Joint Motion for Entry of Consent Judgment, the IRS stated that when a church communicates with its congregation in a customary manner concerning “electoral politics viewed through the lens of religious faith”, it’s not electioneering, which would be prohibited under Section 501(c)(3) of the Internal Revenue Code. When a house of worship in good faith speaks to its congregation, through its customary channels of communication on matters of faith in connection with religious services, concerning electoral politics viewed through the lens of religious faith, it neither “participate[s]” nor “intervene[s]” in a “political campaign,” within the ordinary meaning of those words. To “participate” in a political campaign is “to take part” in the political campaign, and to “intervene” in a political campaign is “to interfere with the outcome or course”…

Editor’s Note: President Trump’s signing of the GENIUS Act sets a new course for professionals in eDiscovery, cybersecurity, and information governance. By formalizing federal oversight of stablecoins—requiring one-to-one reserve backing, comprehensive AML/KYC compliance, and technical capabilities to freeze or seize tokens under court order—the Act introduces compliance obligations that reach deep into how digital financial records are governed, preserved, and reviewed. With federal banking agencies having 180 days to report implementation plans to Congress and a three-year safe harbor for existing platforms, legal teams can expect to navigate a growing volume of blockchain-based evidence, immutable, decentralized, and often beyond the reach of traditional systems. This new regulatory environment calls for readiness, strategy, and specialized tools as financial institutions and service providers adjust to the demands of digital asset oversight. …

The Elisabeth Haub School of Law at Pace University, located just outside of New York City in White Plains, New York, expects to hire one or more full-time tenure-track professors to join our faculty beginning in the 2025-26 academic year. We are hiring in environmental law, with a particular interest in candidates whose focus is on sustainable business or energy law, but we will consider exceptional candidates in all subjects. We seek candidates with valuable professional or scholarly experience, a distinguished academic record, and a record of, or great potential for, exemplary teaching and scholarly achievement.  Part of Pace University, a private university with campuses in Manhattan and Westchester County, the Elisabeth Haub School of Law is centrally located within the New York metropolitan area.  Haub Law is home to the New York State Judicial Institute, seven clinics, an extensive externship program, and an engaged faculty, making the school a central part of…

His obituary from The Boston Globe is here: FALLON, Richard "Dick" Henry Jr. Beloved husband, father, grandfather, brother, uncle, friend and Story Professor of Law at Harvard Law School, passed away on July 13, 2025. He faced his sudden illness with dignity, courage, and his signature blend of intellect, humility, and love. . . . A leading constitutional scholar and gifted teacher, Dick authored numerous landmark books and articles and was twice honored with the Sacks-Freund Award for Teaching Excellence. His professional legacy is defined by the rare combination of a once-in-a-generation intellect and scholarship with deep gentleness, wit, and unwavering devotion to his students, colleagues, and the Harvard community. . . In his final days, Dick dictated a sketch for a memoir that concluded: "I feel lucky in nearly every respect, especially including my family… I could not have done better if I had been permitted to choose."May his memory be a…

In numerous public statements, Trump Administration officials have said the Administration intends to use the False Claims Act (FCA) to enforce certain policy priorities. For example, in connection with statements concerning the Administration’s intent to combat “illegal DEI,” officials have declared that corporate DEI policies or practices violating anti-discrimination laws could trigger FCA liability.  There are a number of levels on which potential FCA liability represents a serious corporate liability risk, not least because of the possibility of whistleblowers (including company employees or competitors) launching FCA whistleblower claims. In addition, as discussed below, a recent Southern District of New York ruling highlights how potentially massive FCA liability can be. Background The FCA provides that anyone who knowingly submits a false claim for payment to the federal government can be liable for significant criminal or civil…

This just in: The University of Georgia School of Law invites applications to fill one or more tenure-track or tenured positions at the rank of assistant professor, associate professor, or professor. The positions will begin August 2026, with a possibility of a January 1, 2027 start date. Applicants must be committed to producing world-class scholarship, providing first-rate legal training, and engaging in meaningful service. Curricular priorities include property, contracts, torts, environmental law, and bankruptcy and secured transactions. Other specific curricular interests include international, administrative, banking, business and employment law. Candidates who can teach in more than one of the above-listed disciplines will be especially helpful. For more information and to apply, click here.

If you refused the breathalyzer test after being pulled over on suspicion of drunk driving, you may wonder whether that decision will prevent driving under the influence (DUI) charges. Unfortunately, the answer is no. Prosecutors can still charge you with DUI even if you decline chemical testing. As of July 2025, Illinois law allows DUI cases to move forward based on officer observations, field sobriety tests, and other evidence, even without a breath test result. If you were arrested and refused the breathalyzer, you still need a strong legal defense to protect your rights and driving privileges. Speak with a Cook County, IL criminal defense lawyer to understand your options. How Can I Be Charged With DUI Without a BAC Result? In Illinois, you can be charged with DUI in two main ways. The first is by showing that your blood alcohol concentration (BAC) was 0.08 percent or more, which typically requires a breath, blood, or urine test. But the second way does not rely on chemical…

In an age of smartphones and social media, recording conversations or encounters may seem routine. However, Texas law has strict rules about when recordings are allowed. Violating these rules can result in serious criminal charges, and understanding when it is legal to record someone is essential to avoid criminal consequences. If you are facing charges for recording someone without their consent, contact a Decatur, TX criminal defense lawyer who can review your case and advise you on how to proceed. Is It Illegal to Record Someone Without Their Consent in Texas? Texas is a "one-party consent" state. This means that under Texas Penal Code Section 16.02, it is generally legal to record a conversation if at least one party involved consents to the recording. In other words, if you are part of the conversation, you do not need to inform the other person that you are recording.

If you're on probation in Illinois and facing allegations of a violation, the stakes are high, potentially leading to revocation and serving your original sentence. At Zaremba Law Office, serving Will County, Joliet, and surrounding areas, we're dedicated to defending clients against probation violations and protecting their freedom. With over 20 years of legal experience, Jack L. Zaremba specializes in criminal defense, helping navigate these complex cases to achieve the best possible outcomes. This blog post explores probation violations in Illinois, common causes, penalties, and defense options. What Constitutes a Probation Violation in Illinois? Probation in Illinois is a court-ordered alternative to incarceration, requiring compliance with specific conditions like regular check-ins, drug testing, community service, or avoiding new offenses. A violation occurs when you fail to meet these terms, such as missing a meeting with your probation officer, failing a drug…

Juveniles are often charged with crimes such as theft, vandalism, drug possession, and assault. These offenses can lead to serious consequences even at a young age. When a juvenile is stopped by police, they have important rights, including the right to remain silent and the right to have an attorney present during questioning. Police must also inform the juvenile of these rights before any interrogation. Understanding and exercising these rights is vital to protect the minor from self-incrimination. A juvenile defense attorney plays a key role by explaining these rights, investigating the case, and ensuring that the juvenile is treated fairly. The attorney can challenge improper evidence, negotiate for reduced charges, and advocate for alternatives focused on rehabilitation rather than punishment. Having skilled legal help can make a significant difference in protecting the juvenile’s future and achieving the best possible outcome in their case. Get A Free Consultation…

A serious traffic collision involving four vehicles occurred on the evening of July 19, 2025, on Interstate 80 West near the Tennessee Street offramp in Vallejo, California. The incident, which was reported at approximately 7:09 PM, resulted in a vehicle veering off the freeway and striking a pedestrian. Emergency services, including the Vallejo Police Department and fire units, promptly responded to the scene. The pedestrian, whose identity has not been disclosed, was conscious and breathing when first responders arrived. The individual was attended to by emergency medical personnel and transported to a local hospital for further evaluation and treatment. The condition of the pedestrian remains undisclosed at this time. The collision also involved significant damage to a GMC Sierra, which required towing from the scene. Authorities are investigating the circumstances leading to the collision, and traffic in the area was temporarily affected as crews worked to clear the…