Ave Maria School of Law looking for Contracts and Commercial Law Faculty

Ave Maria School of LawAve Maria School of Law invites applications for multiple faculty positions from entry-level and lateral candidates, pre- or post-tenure.  Ave Maria particularly welcomes applications from candidates with teaching and research interest in Contracts, Business Organizations, Sales, Negotiable Instruments, Secured Transactions, and related commercial subjects.  Applicants should have superior academic credentials; a record, or the promise, of excellence in teaching and legal scholarship; and an interest and commitment in exploring his or her teaching and research interests in an institution that strives to integrate the Catholic intellectual tradition into teaching, scholarship, and service.  Entry-level applicants may demonstrate scholarly promise by publications in scholarly journals or scholarly works in progress.  In the case of any applicant with tenure, a distinguished record of teaching and scholarship is required.  Interested candidates should send their materials to Professor Patrick T. Gillen, current chair of the Appointments Committee.    Applications can be e-mailed to Professor Gillen at ptgillen@avemarialaw.edu or can be mailed to his attention at 1025 Commons Circle, Naples, Florida 34119.  Resume review will begin immediately and continue until the positions are filled.

Why Do We Teach Commercial Law?

lawAmong other courses, my new law school home, St. Thomas University in Miami, will have me begin teaching commercial law courses in the spring. St. Thomas has not had a commercial law “die-hard” as regular faculty, but several faculty have taught Sales, Secured Transactions and Commercial Paper from time to time in addition to other courses (for a recent study of course offerings in commercial law, see Mark Roark’s Commercial Law Course Survey). Without the dedication of a commercial law faculty member, the course descriptions were not surprisingly out of date.

So, today, I will be off to a curriculum committee meeting to discuss revised course descriptions for the commercial law offerings. This process brings to mind not only Mark’s survey of what is being taught, but also Larry Garvin’s The Strange Death of Academic Commercial Law, where Larry advocates the rescuing of academic commercial law lest it fall into a void of nothingness crowded out by other new seminars and other nouveau studies. Florida just added articles 3 and 9 to its bar exam (See Florida Bar News), giving commercial law more footing at my law school and more draw to students generally. I hesitate to advocate that we teach a variety of commercial law courses merely because it is examined at bar time. Yet, surely the bar examiners also must believe there is something important here as well.

It is well recognized that so long as we have commerce, there is a need for commercial law. Bar exam or not. We have an obligation to prepare our students for the commercial transactions and disputes that arise naturally in our world of business. Law schools are in “partnership” with the community of judges, businesses, legislatures and communities that expect attorneys who will continue to improve the law and promote new ideas. While there is a temptation in states such as Florida that now test commercial law on the bar exam to teach only what is required on the bar, or for schools in states like Pennsylvania which dropped much of commercial law from its bar exam to not teach it at all, we should resist this urge. There is a richness to the study that goes beyond bar requirements, and is a service to students and community alike.

For my part, I will make my case that the course descriptions here at St. Thomas should go beyond what is required for the Florida bar exam. One of my proposed changes is to rename “Commercial Paper” “Payment Systems,” reflecting a course that would go beyond the bar exam’s UCC Article 3 to include the multiple ways in which we pay for things in commerce. An intelligent study should include checks, credit cards, debit cards, letters of credit, wire transfers and electronic payment devices, as well as promissory notes and guaranties. Thankfully, I expect the faculty here believes that while we need to prepare students to take a bar exam, our obligation goes deeper than that.

Once I get the course descriptions in order, my next job will be to convince the students that the study is important. I hope to teach Payment Systems here at St. Thomas this Spring. On that score, the bar exam looming before them will help. Once in class, though, I hope they see the richness of the study that affects their own every day lives each time they write a check, pull a card out of their wallet or obtain a student loan. The client needs become more clear to them once they appreciate the importance to ordinary transactions.

So, why do we teach commercial law? The answer is simple. Our students need it personally and professionally. And, the wider community needs them to know it.

– JSM

The High Price of Law School

Law SchoolGood news for law students?  There has been much in the news about the increasing student loans nationwide, the high cost of law school and the downturn in applications.  So, could there be some good news from the “taxman?”  Enter the LifetimeLearning Tax Credit (LLTC) available on tax returns for tax year 2012.  The credit, processed on IRS Form 8863, along with the American Opportunity Tax Credit, are targeted toward students.  The LLTC appears, unlike others, to apply to those obtaining graduate-level education.

Massachusetts Bankruptcy Lawyer: Protecting Against Asset Loss

Have you found yourself unable to pay back the loan on the agreed time? Possibly, bankruptcy lawyer in Massachusetts shall be helpful. Under one condition, your insolvency can be influenced by various factors like losing job or downturn of business profit. The situation leads you to incapability to meet the objective. So, whatever the reason is, it might be important to get reliable party to defend you in trial. Sometimes, individuals on the condition may be confused with proper action to take. Hence, lawyer is the only party to back you up.

It might be reasonable to keep your life calm and secured. The security of your life depends on your financial condition. As you are able to meet different types of your needs, you shall receive security. In fact, your dependents like wife or kids shall be secured from unstable financial future. And, professional lawyer is the only support on your situation.

Massachusetts Bankruptcy Lawyer, the Support

The significance of an attorney role in helping you to file certain legal case in the court is totally significant. There are various conditions which can be covered by bankruptcy lawyer on your situation like credit repair, foreclosure, and even Chapter 7 Bankruptcy. At the point, it is essential to collect further info regarding the choice of your legal action. At least, you could ensure yourself that your asset properly secured. In that point, you could state specific role of the lawyer in helping you to get relieved from financial issue.

The support of a lawyer is significant to keep your business safe. At the point, this is the real condition as a debt collector threats you and the family, for instance. Under this situation, you could receive the compensation. Hence, the role of bankruptcy lawyer in Massachusetts shall be influential. As you get in touch with the lawyer, your problem is professionally handled.

Why You Need a Personal Injury Lawyer to Recover Damages

Brooklyn personal injury attorney David Hernandez understands that collecting damages as a result of a personal injury can be a frustrating experience for the typical injured victim when the negligent party is contesting the claim. Very often, there is an insurance company involved as well that will also have legal input into the `process, especially concerning the comparative negligence level of the injured plaintiff. Comparative negligence assessments against the plaintiff can reduce the amount of recoverable damages considerably, and it is important to have your own personal legal representative who can counter the claims from the negligent respondents and increase your damage potential. Even a seemingly simple injury claim can become complicated quickly.

What is Comparative Negligence?
All accidents will have some competing versions of how the mishap actually occurred, which is central to the determination of fault or failure to provide a reasonable duty of care to the plaintiff. While some claims are simple and clearly the fault of the respondent, most cases are contested in some form because the insurance company wants to reduce the total payout as much as possible. In any claim where they will obviously be required to pay some amount, the most effective method of reducing a claim amount is by shifting the level of fault assigned to their negligent client. This is very common when the injuries are a result of an auto accident. New York uses the pure comparative negligence doctrine, which means that an injured party is not disqualified from damages even if they are over 51% at fault. Responsible drivers need representation as much as those with lower level fault assignment. All parties to an injury claim are always assessed for comparative negligence percentage, and often someone who is largely responsible for an accident can still recover injury damages.

Dealing with the Insurance Company
Insurance companies have a right to legal input in a case when they can find reason to claim they are not required to pay. This can even occur on a technicality as well as a material case fact. And, insurance claims adjusters are trained professional negotiators who deal with denying personal injury claims on a regular basis. That is why you need experienced and aggressive representation of your case when the insurance adjusters begin arguing a reduction in the fault level of their client. Auto accident cases can be very complicated, especially when there are multiple vehicles or commercial trucks involved. Multiple negligent parties will usually result in multiple insurance adjusters defending their clients. While the potential for being made whole from damage recovery is better, the complications worsen and negotiating is intense. That is why you need a legal counselor like Brooklyn personal injury attorney David Hernandez who can represent your claim professionally and aggressively.

Jacksonville Litigation Lawyers: Right Defender by Your Side

What can you do to keep your business on the right track after fraud experienced? Getting litigation lawyers in Jacksonville FL shall be the real solution. It might be necessary to comprehend the legal issue on your business contract. It is recommended to get lawyer to accompany you during contract assignment. It implies that a business agreement is full of legal terms which you cannot understand. Surely, this is to prevent undesired negative impact in the future. And, it can be influential in reducing your return on investment.

There is greater expectation among businessmen to have sufficient protection under the litigation of losing ten thousands up to millions of dollars on unsuccessful business venture. For the most part, your rights shall be reliably managed to avoid bankruptcy. Surely, your asset should be reliably protected under the fraud. And, this can be significant point in your life.

Jacksonville Litigation Lawyers

You might be surprised with the fact that your case is currently hung in the air. Even, you cannot run the business because of financial lack on your saving. At the point, you realize something has gone wrong on the contract. And, you are perplexed with the procedures to claim on your rights. At this time, you need to calm yourself down. There are professional lawyers to assist your case. And, this shall be the right solution.

Directing to professional attorney shall provide you with the following points:

  • The attorney will find the copy of contract and research the statements in it.
  • Through years of experiences, the lawyer shall offer sharp arguments on your case.
  • As you are right, there is greater chance to win the case even you are depressed.

In short, Litigation Lawyers in Jacksonville are willing to assist you winning your case. The intention is to support you and your business life which may reduce your chance to get bankrupt.

More trouble for home refinancing?

Thanks tο thе Federal Reserve, interest rates аrе lower thаn еνеr. Thаt wουld normally lead tο home owners refinancing home mortgages іn order tο lock іn lower rates, lower payments аnd (fοr ѕοmе) tο keep thеіr homes. A gοοd thing fοr a troubled economy wіth ѕοmе homeowners іn trουblе. Bυt, аѕ Jason Kilborn hаѕ warned υѕ, nοt ѕο qυісk (see Refi Nο Gοοd — A Lesson іn “LTValuation”). Home prices іn twenty American cities dropped 18% іn October frοm thе last year according tο thе S&P/Case-Shiller index . Unfortunately, thе twenty city index hаѕ bееn dropping ѕіnсе January 2007. All οf thіѕ means bаd news fοr homeowners whο аrе seeing thе value οf thеіr home drop each аnd еνеrу month.

Sο, whаt dοеѕ thіѕ really mean? Well, wе аrе considering refinancing ουr home іn Boston whеrе thе nеw October 2008 index іѕ 159.17. Thе last time thе Boston index wаѕ аbουt thе same level wаѕ February 2004. Aѕ іt turns out, thіѕ wаѕ whеn wе рυrсhаѕеd ουr home. In September 2005, thе highest index wаѕ reached іn thе Boston Metro area аt 182.45. Thе current level іѕ аlmοѕt 13% οff thе highest point reached οn thе index. Bυt, wе mіght аlѕο expect thе numbers wіll continue tο decline fοr ѕοmе additional time, representing further erosion οf home values. Hοw bаd thе news іѕ depends οn whеrе уου live аnd whеn уου bουght уουr home. Sοmе cities lіkе Miami, Phoenix аnd Las Vegas hаνе suffered thе lаrgеѕt declines οn thе index, whereas cities lіkе Charlotte, Dallas, Cleveland аnd others hаνе οnlу felt modest changes.

Fοr υѕ, whο knows? Oυr Boston home іѕ nοt worth whаt іt wаѕ іn 2005, bυt thе drop іѕ nοt аѕ bаd аѕ ѕοmе cities. Lіkе Jason’s refi gone wrοng, thе discretion οf appraisers wіll dictate whether refinancing mаkеѕ sense. Thе problem fοr homeowners іѕ thаt thеу mау nοt bе аblе tο take advantage οf lower rates. Fοr more οn thіѕ, Urban Deveopment Secretary Steve Preston recently spoke οn thе Future οf thе Housing Market.

— JSM

Southpark’s Theological View of the Economic Crisis

Trey Parker аnd Matt Stone hаνе сrеаtеd a theological view οf thе economic crisis. Bravo!

Click here tο watch SouthPark іn a nеw window.

Marc (MLR)