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Do You Have To Be Old To Be A Veteran?

On Saturday, the country honored its veterans.  November 11 was originally designated as "Armistice Day" in recognition of the date on which fighting in the First World War ended.  It became a legal holiday in 1938, only a few years before the...

Legal History, Military & Veterans Code, November 11, Armistice Day, Dwight Eisenhower, Veteres

Las Vegas' Airport And The Lawyer Who Went "All In" For His Client

Passengers flying to Las Vegas arrive at the McCarran International Airport.  Having spent my youth in Las Vegas, I have many memories of going to the airport to greet arriving family or to fly East for school.  Then, there was no passenger security...

Legislation, Legal History, Pat McCarran, Las Vegas, McCarran Airport, Tick Segerblom

A Town Without Written Leases And No Litigation

Recently, I visited Tonopah, Nevada, which is located about midway between Las Vegas and Reno.  According to legend, the town was founded after Jim Butler discovered a rich ledge of silver ore while chasing his wandering burros.  Historians can, and...

Legal History, mining leases, mizpah, tonopah

New California Law Seeks To Root Out Juror Bias, But What Would Calvin H. Higbie Say?

The right to a jury trial in criminal cases is guaranteed by the Sixth Amendment to the U.S. Constitution and by Article I, Section 16 of the California Constitution.  Implicit in the requirement of a jury is the idea that the jurors will exercise...

Legal History, Samuel L. Clemens, AB 1541, Calvin H. Higbie, Kalra, Roughing It, voire dire

Was The Jury Empaneled Or Impaneled?

Last week's news was filled with reports that Special Counsel Robert Mueller had impaneled a grand jury (The Wall Street Journal).  Or did Mr. Meuller empanel a grand jury (The Washington Post).  Aside from the political and legal issues, these...

grand jury, Legal History, pannellus, empanel, impanel

Investment Companies And Intrastate Offerings

Recently, my eye caught the following statement in the SEC's Intrastate Offering Exemptions: A Small Entity Compliance Guide for Issuers:

Issuers registered or required to be registered under the Investment Company Act of 1940 are not eligible to...

Legislation, Legal History, required to be registered, SEC Rel. No. 33-4434, Section 24d, 26 FR 11896, intrastate offering, Investment Company Act, Rule 147, Rule 147A, Section 3(a)(11)

Of Section Symbols And Pilcrows

It wasn't so very long ago that the lawyer who typed his or her own documents was a rara avis indeed.  Nowadays, there are few attorneys who don't.  Therefore, I think most lawyers today share the annoyance of inserting the glyph denoting a section...

Legal History, scilicet, glyph, pilcrow, section symbol

Homographic Cases Indeed!

Homographs are words that share the same spelling but have different meanings.  One such word that is very familiar to lawyers is the word "case".  Lawyer's try cases, shelve books in cases, and write in upper case and lower case letters.  How can...

Legal History, brief case, casuitry, homograph, King Lear

How Independent Is The SEC And How Independent Should It Be?

Can the President say "You're Fired!" to an SEC Commissioner?

In a recent post, John Jenkins emphasized the commonly held understanding that the Securities and Exchange Commission is an "independent agency".  The independence of the SEC, however, is...

Legal History, Broc Romanek, SEC, 44 U.S.C. Sec. 3502(5), Davis Polk, Financial Institutions, for cause removal, Free Enterprise Fund v. PCAOB, independent regulatory agency, Justice Stephen G. Breyer, Securities and Exchange Commission



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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
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