SOLD OUT: Not so Soft and not so Subtle Art of Capitulation

The Porter Law Group recently secured a $2.3 million settlement in a medical malpractice case involving the failure to screen for and diagnose prostate cancer, leading to devastating consequences for a 66-year-old patient. The case highlighted serious concerns about patient care standards and the critical importance of prostate cancer screening discussions between physicians and their patients. Was Your Prostate Cancer Misdiagnosed? Schedule your free consultation today and see how we can help. Contact Us The case centered around a primary care physician's failure to discuss or offer PSA (Prostate-Specific Antigen) testing to his patient over the course of more than 25 years of care. Despite the client's family history of prostate cancer, which significantly increased his risk for developing the disease, the physician never…

U.S. Tax Prof presentations at last week's conference on Perspectives On The Development And Enactment Of Tax Policy at the Centre for Tax Law at the University of Cambridge (call for papers): Victoria Haneman (Georgia; Google Scholar), Temporary Tax Law: Temporary legislation has been utilized before the founding era of...

The rhythm of artificial intelligence (AI) development has become unsettlingly familiar. A new model is unveiled, and with it comes a predictable flurry of media attention. One cluster of articles dissects its intricate training data and architecture; another marvels, often breathlessly, at its newfound capabilities; and a third, almost inevitably, scrutinizes its performance on a battery of standardized tests. These benchmarks have become our primary yardsticks for AI progress. Yet, they predominantly paint a picture skewed toward raw technical prowess and potential peril, leaving the public with a pervasive feeling that each impressive step forward for AI might translate into two regrettable steps back for the rest of us. Many of these evaluations concentrate on the technical capacity of the model or its computational horsepower. Others, with growing urgency, assess the likelihood of misuse—could this advanced AI empower rogue actors to design a bioweapon or destabilize…

Car accident rates in South Florida are so high that it’s likely you or someone you know has been involved in one. According to the statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 125,000 total crashes in Broward, Miami-Dade, and Palm Beach Counties annually. Around 70,000 people are killed or suffer injuries in these collisions.  Florida traffic crash laws provide you with legal remedies as a victim, and a settlement is a standard route for resolving claims. Your Miami car accident lawyer can provide details, but it’s also helpful to know the average car accident settlement for reference purposes. Factors That Affect Car Accident Settlements in Miami Continue Reading › The post What is the Average Car Accident Settlement in Miami? appeared first on Miami Personal Injury Lawyer Blog.

If you’ve been charged with a crime, you may hear the term “plea bargain” or “plea deal” early in your case. It’s a common part of the criminal justice system, and it could play a major role in how your case is resolved. But what exactly is a plea bargain? Is it always a good idea to accept one? And how can a lawyer help you decide? This post breaks it down in simple terms, so you know what to expect and how to protect your rights. If you’re facing charges in New Jersey, it’s especially important to speak with a skilled criminal defense attorney Jersey City before making any decisions. What Is a Plea Bargain? A plea bargain is an agreement between the defendant (the person charged with a crime) and the prosecutor. In most cases, the defendant agrees to plead guilty to a lesser charge, or to one of several charges, in exchange for a reduced sentence or other benefits. For example: A felony charge might be reduced to a misdemeanor. …

A tragic motorcycle-pedestrian collision in Gilroy has claimed the life of a 61-year-old pedestrian, highlighting ongoing safety concerns at busy intersections throughout Santa Clara County. The fatal accident occurred on Tuesday evening, July 15, 2025, near the intersection of Santa Teresa Boulevard and Ballybunion Drive. Details of the Fatal Collision The Gilroy Police Department responded to reports of a serious traffic accident shortly before 8:00 p.m. on Tuesday night. When officers arrived at the scene near Santa Teresa Boulevard and Ballybunion Drive, they discovered both the pedestrian and motorcyclist in the roadway. The motorcyclist, identified as a 53-year-old Gilroy resident, sustained minor injuries and received medical treatment at the scene. However, the 61-year-old pedestrian suffered critical injuries in the collision and was immediately transported to a local hospital, where they were later pronounced dead despite medical efforts. Investigation Ongoing The…

A devastating traffic collision on State Route 140 in Merced County has resulted in one fatality and left another person injured after a fiery crash involving a big rig on Tuesday afternoon, July 15, 2025. The tragic incident serves as a sobering reminder of the dangers associated with improper passing maneuvers and the devastating consequences that can result from collisions with commercial vehicles. Details of the SR-140 Fatal Crash According to the California Highway Patrol (CHP), the fatal collision occurred at approximately 12:30 p.m. on State Route 140, between Arboleda Drive and Plainsburg Road. The crash involved a Honda sedan driven by a 31-year-old woman and a westbound commercial big rig truck. Witness accounts indicate that the woman driving the Honda attempted to pass slower-moving traffic by entering the westbound lane of travel. This maneuver placed her vehicle directly in the path of the oncoming big rig traveling in the opposite direction. The Sequence of…

From Sixth Circuit Judge Julia Gibbons, sitting by designation on M.D. Tenn., in today's Welty v. Dunaway: [A Tennessee law, § 39-15-201,] makes it a crime to "intentionally recruit[ ] … a pregnant unemancipated minor" in Tennessee "for the purpose of" obtaining an abortion that would be illegal in Tennessee. But § 39-15-201 does not merely bar recruitment of minors to facilitate illegal abortions in Tennessee; it bars recruitment of minors to facilitate abortions "regardless" of where the procedure occurs. In other words, the law prohibits recruiting an out-of-state abortion that is entirely legal in that state, so long as it would be illegal in Tennessee…. Section 39-15-201 contains a few exceptions, including one for "the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor," as long as that consultation does not involve an actual attempt to terminate the…

Avihay Dorfman (Tel Aviv University - Buchmann Faculty of Law) & Alon Harel (Hebrew University of Jerusalem - Faculty of Law) have posted Constitutionalism and Majoritarianism Reconciled on SSRN. Here is the abstract: This paper defends the view that both constitutional provisions-norms that are not dependent on our choices-and statutory provisions-norms that are contingent on our choices-are necessary features of a liberal democracy. We make the case for institution dependent goods, arguing that some goods (e.g., marriage equality) depend for their existence on being produced by the right law-making institution with its own characteristic deliberative process. The institution that brings a legal norm into being (and the deliberation by which it was brought into being) determines the value of the norm. Hence, we conclude that individuals may sometimes have an interest (or even a right) that their legal rights be protected by a certain institution, say, the legislature…

If you’ve suffered an injury as the result of another party’s negligence, you probably have a lot of questions about your legal options. Here at Gainsberg Law Injury and Accident Lawyers, we are well-acquainted with some of the most pressing questions clients have about the personal injury claims process. Whether you’re recovering from injuries caused by a car accident, slip and fall incident, medical malpractice or other serious incident, we’re here to help you understand your options clearly and confidently. Below, we’ve answered some of the most frequently asked questions our attorneys receive during consultations and throughout the course of a case. Read on to get your questions answered and to learn more about the personal injury claim process here in Chicago. Personal injury questions and answers You’ve got questions, and we’ve got answers. Here are some of the questions we most often receive from prospective and current personal…

The Oldest Constitutional Question is a superb book, full of penetrating insights and cogent arguments.  Richard Primus has been thinking about enumerated powers for a long time, and it shows.  The book will, I hope, go a long way toward changing the existing conversation in constitutional law, although whether it has any influence on the courts in the near term seems more questionable. The orthodoxies Primus seeks to challenge may be too deeply entrenched for its practical impact to be felt any time soon. But over a longer horizon, I suspect that not only many scholars, but also quite a few judges, will come to view it as an important milestone.  As Thomas Kuhn famously explained, paradigms shift when anomalies pile up and researchers come to recognize that a better explanation of the relevant evidence in a given domain can be constructed in which many of those anomalies become more intelligible, or simply disappear.  Constitutional law is not physics…

Slovenia just authorized medical aid in dying. The patient must have a condition that cannot improve and suffer unbearable pain or psychological stress, or both. Patients must express their intention to their doctor twice before submitting a formal request that the doctor forwards to a special commission along with their own opinion.The commission would appoint an independent doctor to assess the applicant's condition, and a psychiatrist to assess the applicant's ability to make a decision.Patients must ingest or inject the legal substance themselves, and healthcare workers, from nurses and doctors to pharmacists, would have the option of refusing participation in assisted dying.

By Perplexity — Legal Affairs Analysis A federal judge has dealt a significant blow to presidential power, ruling that Donald Trump violated federal law when he fired Democratic FTC Commissioner Rebecca Kelly Slaughter in March 2025. U.S. District Judge Loren AliKhan reinstated Slaughter, declaring she “remains a rightful member of the Federal Trade Commission until the expiration of her Senate-confirmed term on September 25, 2029.” The ruling hinges on the Supreme Court’s 1935 Humphrey’s Executor v. United States, 295 U.S. 602 decision, which established that FTC commissioners can only be removed “for inefficiency, neglect of duty, or malfeasance in office” – not simply because their views conflict with the president’s priorities. Judge AliKhan emphasized that Congress deliberately designed the FTC as an independent agency to protect it from political interference. This case represents a broader constitutional battle…

In the heat of an argument — whether it’s a tense negotiation or a spirited debate among colleagues — lawyers often feel a reflexive pull to win the point. We’re trained for it. Law school hones our ability to spot laws in logic, dismantle weak arguments, and, let’s be honest, enjoy the intellectual high ground. In the business world, especially in corporate legal departments where relationships, influence, and outcomes often stretch beyond the board room, there’s a crucial distinction many of in-house lawyers miss: Do you want to beat them? Or do you want to win? This was the subject of a recent LinkedIn post by Joshua Horenstein, chief human resources officer and chief legal officer at Innophos, an international ingredients manufacturer with over 1,500 employees worldwide.  As Joshua points out, beating and winning can sound like similar concepts, but they are actually very different. Beating someone is about proving…

With today’s growing globalization and mobile workforce, it’s more common than ever for individuals to move to another city, state, or even country in pursuit of a new career, education, or lifestyle opportunity. While these transitions can be exciting, they often become complex and emotionally charged when they involve the relocation of a parent who shares custody of a minor child. If you are a parent concerned about your co-parent’s desire to relocate with your child—or if you’re considering a move yourself—it’s important to understand how relocation is treated in family law, particularly in Ohio. What is a “Relocation” in Custody Cases? In family law, a relocation usually refers to a move by one parent that would significantly disrupt the existing parenting time schedule. This could mean crossing state lines, or even just moving far enough within the state that it disrupts regular visitation. In Ohio, if a custodial…

Amid a wave of lawsuits targeting how AI companies use copyrighted works to train large language models that generate new works, a peculiar provision of copyright law is suddenly in the spotlight: Section 1202 of the Digital Millennium Copyright Act (DMCA). Section 1202 restricts intentionally removing or changing copyright management information (CMI), such as a signature on a painting or attached to a photograph. Passed in 1998, the rule was supposed to help rightsholders identify potentially infringing uses of their works and encourage licensing. Open AI and Microsoft used code from Github as part of the training data for their LLMs, along with billions of other works. A group of anonymous Github contributors sued, arguing that those LLMs generated new snippets of code that were substantially similar to theirs—but with the CMI stripped. Notably, they did not claim that the new code was copyright infringement—they are relying solely on Section 1202 of the DMCA.…

A long hot summer for AI At the recent Senate Judiciary Subcommittee hearing titled “Too Big to Prosecute: Examining the AI Industry’s Mass Ingestion of Copyrights,” Chairman Josh Hawley and his colleagues drilled into a question many creators have been asking for months: How do AI giants like Meta steal the vast datasets they use to train their models? And why aren’t they all in jail? And jail was clearly on the mind of Senator Hawley and his colleagues. Thanks to unsealed court filings and the Congressional testimony of several witnesses, we now have a stunning piece of the puzzle on the actual table that is almost too stupid to believe: Meta used BitTorrent to download tens of terabytes of pirated books from pirate sites like LibGen and Anna’s Archive. And if that wasn’t stupid enough, Meta’s torrenting was approved by Mark Zuckerberg himself. Which was almost as stupid as the multiagency sting operation that caught Larry Page…

From a recent email message: The University of Iowa College of Law seeks applicants for one or more tenure-track faculty positions. We have a strong interest in applicants who possess excellence in their academic and professional backgrounds. Entry-level and lateral candidates are welcome to apply. The College of Law’s primary hiring interest is in business, corporate, and commercial law. Consistent with the mission and responsibilities of a top-tier public research university, we are interested in candidates who are recognized scholars and teachers and who will participate actively in the intellectual life of the College of Law. In addition, we desire candidates with a demonstrated ability to maintain effective and respectful working relationships with the campus community to uphold a standard of cultural competency and respect for differences. We also desire candidates who would bring significant new scholarly strengths to the College of Law.…