Joseph Fawbush, Esq.
Articles written
288
Senior Legal Writer, FindLaw.com
Joe Fawbush keeps legal professionals and consumers informed on everyday legal topics, recent developments in the law, firm management, marketing, and attorney wellness, among other topics. Joe also produces and co-hosts FindLaw’s "Don’t Judge Me" podcast. A professional writer and legal marketer for the last decade, Joe has helped hundreds of small and mid-size law firms across the country connect with the right audience. He has represented clients in immigration matters, estate planning, and tax controversies. Joe is a graduate of St. Olaf College and the Mitchell Hamline School of Law. He is licensed in Minnesota.
Latest Articles
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Fifth Circuit Cites Nondelegation Doctrine in Declaring Horseracing Regulation Body Unconstitutional
Horse racing has existed since before the U.S. federal government. But until 2020, the industry was largely regulated by state and local governmental bodies. The push for uniform regulations came after the public became aware of significant problems afflicting the sport, including the death of 30 racehorses in just one park in 2019 and numerous allegations of doping.
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What Laws Are at Stake in the 2022 Midterm Elections?
We here at FindLaw are not political wonks. Still, we thought it might be beneficial to take a look at the laws that are on the ballot, both literally and figuratively, in the upcoming midterm elections. Below are the laws and ballot initiatives on a few important matters voters say they are most concerned about. The focus here is on potential laws, not economics or foreign policy, so there is no mention of some prominent voter concerns such as inflation or the war in Ukraine. And while many of these issues are extremely political and partisan, we are only attempting to summarize the broad public platforms of candidates, not offer an opinion on them directly.
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Four Tips for Managing Difficult Client Conversations
Just spent an hour explaining to a client why you do, in fact, have to charge for your services? Did your client forcefully accuse you of “not being on their side” because you insist on telling the truth? Did you maintain professionalism while a client hurled an insult or two derived straight from a lawyer joke? Problem clients can be a real burden - both on a law practice and on a lawyer’s psyche.
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Federal Circuit: AIs Are Inventions, Not Inventors
Modern AI (artificial intelligence) involves sophisticated algorithms and massive computing power. AI has been used to solve numerous problems, and it seems AI's only limit is human creativity. Despite its successes, however, no AI has reached sentience (or even so-called "strong" AI), despite claims that a Google employee recently made regarding LaMDA. We are a ways away from HAL 9000, but even so, weak AI is powering numerous industries and helping researchers, scientists, and others develop groundbreaking and novel technologies.
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Is 'Pleading the Fifth' an Admission of Guilt?
There are a few legal principles in criminal law that almost every American knows. One of those is a person's constitutional right to "plead the fifth". It comes up again and again in Congressional testimony, media reports of ongoing investigations, and in movies and television shows ranging from police procedurals to mafia stories. So, what does taking the fifth mean? Where does this right come from? And, importantly, what can we infer if a person does plead the fifth?
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Billions in Federal Loans Involving For-Profit Schools to Be Forgiven
The federal Borrower Defense to Repayment program has become a financial lifeline to many student borrowers, particularly as for-profit schools proliferated during the 2000s and 2010s. This glut of for-profit schools left hundreds of thousands of students with a subpar or incomplete education and tens of thousands of dollars in student loan debt. The program permits borrowers who were defrauded by their schools (such as ITT Tech) to have their federal student loans forgiven. As of this writing, the federal government has forgiven almost $8 billion in federal student loans to students who were defrauded or whose schools closed before they could complete their degrees.
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Law School Applications Back to Normal Levels
Incoming law school students are likely relieved to hear that after a record-breaking 2021, the number of law school applications has returned to the mean. Incoming 1Ls are less likely to face overenrolled classes, particularly considering that law schools were careful this cycle to delay acceptance letters in anticipation of another high-application year.
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Looking at Future Supreme Court Abortion Fights
Even with almost two months to prepare, the Supreme Court decision in Dobbs v. Jackson Women's Health, which overturned Roe v. Wade and Casey v. Planned Parenthood, contained a lot of information to digest. While Justice Samuel Alito's majority opinion included relatively little new information from the leaked draft, the concurring opinions have opened the door to a lot of speculation. Below are four potential legal issues involving abortion that could make their way back up to the Supreme Court.
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SCOTUS Again Extends Religious Protection. How Big of a Change Are We Seeing?
The U.S. Supreme Court has again sided with a religious institution in a case involving the First Amendment. In Carson v. Makin, the Supreme Court held that a state refusing to allow children to use a taxpayer-funded tuition assistance program to attend a private religious school violated their free exercise rights. It is the third time this term the Supreme Court has held in favor of an individual or institution seeking to enforce their religious rights under the First Amendment. A fourth case involving a coach's ability to pray at school is due shortly, as well, with many expecting another win for religious rights.
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How to Make Juneteenth More Than an Exercise in Branding
Juneteenth, the now-federal holiday that has risen to mainstream prominence in the wake of George Floyd's murder, gets a lot of press around this time of year. Companies large and small are happy to promote awareness of the holiday. Many now give employees the day off, and in recent years they've placed an increased focus on diversity and inclusion efforts. Events, celebrations, and social media messages abound on and around June 19th. For law firms looking to increase diversity and inclusion efforts, June 19th is a great opportunity to consider what efforts we will make not just toward celebrating the end of slavery, but actively promoting diversity and inclusion through concrete and helpful actions.