Rightward shift of John Roberts Court documented

This from Raw Story:

A study has found that the Supreme Court under Chief Justice John Roberts has undergone a fundamental shift in its outlook, ruling in favor of businesses much more often than previous courts. According to the Northwestern University study, commissioned for the New York Times, the Roberts court has sided with business interests in 61 percent of relevant cases, compared to 46 percent in the last five years of Chief Justice William Rehnquist, who passed away in 2005.

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New chapter on arbitration in Missouri

I know that this is a shameless self-promotion, but here goes. I've often ranted about the way unscrupulous businesses take advantage of consumers by inserting horrendously unfair mandatory arbitration clauses in their contracts. A new Missouri CLE Deskbook for lawyers was released yesterday and it features a highly detailed chapter on arbitration clauses. I was one of two co-authors, along with John Campbell with whom I have the honor of working at the Simon Law Firm in St. Louis, Missouri. This manual is geared to help Missouri consumer lawyers, but it could be valuable for anyone who wants to know the state of the law of consumer arbitration. It worth noting that Missouri law has paralleled the arbitration law of many other states, especially on the issue of unconscionability (John and I argued for the winning side of the August 31, 2010 case decided by the Missouri Supreme Court, Brewer v. Missouri Title Loans). If you are interested in taking a look at this chapter, I would assume that you will soon be able to find this book in most law libraries and on the library shelves of many law firms. For a glimpse of how complicated this topic of arbitration has gotten, I'm printing out the Table of Contents below: [More . . . ]

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Justice Isn’t Boring

I'd heard about this Boring case a couple of years ago, and it finally has reached a verdict. In essence, Google's Street View crew accidentally drove up and filmed a private road, and the owners had nothing better to do than sue. I'm picturing some legal adviser drooling over Google's coffers and thinking they had an angle to get something substantial in the form of a settlement. But the case was pretty weak, with several judges simply stripping off charges, until they were left with second degree trespass. But they won! They beat Google! As Geek.com puts it: Boring couple win $1 compensation for Street View trespassing.

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Matt Taibbi reports from his front row seat at a foreclosure court trial docket

Matt Taibbi's newest article should be required reading for anyone who wants to support the desires of banks to expeditiously foreclose on home loans. Taibbi showed up at a Florida foreclosure docket to give an insider's view. You will be amazed at the conduct of the judge (it is described toward the end of Taibbi's article). Here's the link: Courts Helping Banks Screw Over Homeowners: Retired judges are rushing through complex cases to speed foreclosures in Florida. Here's an excerpt:

At worst, these ordinary homeowners were stupid or uninformed — while the banks that lent them the money are guilty of committing a baldfaced crime on a grand scale. These banks robbed investors and conned homeowners, blew themselves up chasing the fraud, then begged the taxpayers to bail them out. And bail them out we did: We ponied up billions to help Wells Fargo buy Wachovia, paid Bank of America to buy Merrill Lynch, and watched as the Fed opened up special facilities to buy up the assets in defective mortgage trusts at inflated prices. And after all that effort by the state to buy back these phony assets so the thieves could all stay in business and keep their bonuses, what did the banks do? They put their foot on the foreclosure gas pedal and stepped up the effort to kick people out of their homes as fast as possible, before the world caught on to how these loans were made in the first place. . . . When you meet people who are losing their homes in this foreclosure crisis, they almost all have the same look of deep shame and anguish. Nowhere else on the planet is it such a crime to be down on your luck, even if you were put there by some of the world's richest banks, which continue to rake in record profits purely because they got a big fat handout from the government. That's why one banker CEO after another keeps going on TV to explain that despite their own deceptive loans and fraudulent paperwork, the real problem is these deadbeat homeowners who won't pay their fucking bills. And that's why most people in this country are so ready to buy that explanation. Because in America, it's far more shameful to owe money than it is to steal it.

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Lessons Learned?

What can be drawn from this recent election that speaks to America? To listen to the bombast, this election is all about money. Who has it, where it comes from, what it’s to be spent on, when to cut it off. An angry electorate looking at massive job loss and all that that implies tossed out the previous majority in Congress over money. This is not difficult to understand. People are frightened that they will no longer be able to pay their bills, keep their homes, send their children to college. Basic stuff. Two years into the current regime and foreclosures are still high, unemployment still high, fear level still high, and the only bright spot concerns people who are seemingly so far removed from such worries as to be on another plain of existence. The stock market has been steadily recovering over the last two years. Which means the economy is growing. Slowly. Economic forecasters talking on the radio go on and on about the speed of the recovery and what it means for jobs. Out of the other end of the media machine, concern over illegal immigrants and outsourcing are two halves of the same worry. Jobs are going overseas, and those that are left are being filled by people who don’t even belong here. The government has done nothing about either—except in Arizona, where a law just short of a kind of fascism has been passed, and everyone else has been ganging up on that state, telling them how awful they are. And of course seemingly offering nothing in place of a law that, for it’s monumental flaws, still is something. [More . . . ]

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