“He couldn’t prove it was legitimate” is a post from Overlawyered - Chronicling the high cost of our legal system

Wal-Mart sued over teen’s bogus P.A. announcement is a post from Overlawyered - Chronicling the high cost of our legal system

Law schools roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Man says custody battle cost life savings is a post from Overlawyered - Chronicling the high cost of our legal system

New Jersey woman sued over sending text to someone who was driving is a post from Overlawyered - Chronicling the high cost of our legal system

May 15 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

[The DOJ claims] appear to be based upon consumer advocates’ claims that the bank takes better care of foreclosed-upon real estate it owns in neighborhoods where white people live than it does in areas where minorities live. I suspect that the bank will assert that (a) any rational real estate owner is only going to invest money in a piece of real estate where the owner has a realistic chance of recouping that investment through a higher sales price, (b) that such recoupment decisions are made on a property-by-property basis based upon objective data like recent comparable sales prices and fair market valuations, (c) that the economic reality-driven facts of life are that many more such properties are located in majority-white neighborhoods than in minority neighborhoods, and (d) there has been no intent to discriminate, merely to minimize losses…. As we’ve previously noted, the DOJ is on a jihad against lenders based upon “disparate impact” theories that the DOJ knows, in its heart-of-hearts, are highly fragile when exposed to the light of logic, the kind of logic applied by the US Supreme Court. Justice will likely pursue Wells Fargo and try to squeeze some dough out of it before the highest court eventually shuts down this racket.

DoJ: Wells Fargo biased in maintenance of foreclosed properties is a post from Overlawyered - Chronicling the high cost of our legal system

Don’t cooperate with Washington reporters! is a post from Overlawyered - Chronicling the high cost of our legal system

Crime and punishment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Soon-to-be Prof. Greve (he will be joining the George Mason law faculty after many years at AEI) was at Cato this week to discuss his remarkable new book, The Upside-Down Constitution. At the risk of damning with faint praise, I will say that his book is the most stimulating work I know of on the subject of federalism to have been published in my lifetime. If I could sum up his thesis, it would be that one of the past century’s gravest constitutional malfunctions has been that the states (not a misprint, he means the 50 states) have overrun their proper role in the constitutional scheme. More on his thesis here, here, and, on “Madison’s nightmare,” here. In all seriousness, I recommend The Upside-Down Constitution highly; although it’s demandingly complex in places, I can’t imagine reading it without one’s understanding of the constitution, and federalism in particular, being permanently changed.

“Usually, to avoid detection…” is a post from Overlawyered - Chronicling the high cost of our legal system