“The Voice” – Standards of Review/Capricious and Arbitrary

After Dean Jones of NYU tells Kramer that NYU student Darren will no longer be allowed to be an intern for Kramerica, Kramer argues that this decision is “capricious and arbitrary.” What does it mean, legally, for an administrative decision to be “capricious and arbitrary”? Is Dean Jones’ decision actually capricious and arbitrary? And, if … Continue reading “The Voice” – Standards of Review/Capricious and Arbitrary

“The Secretary” – Appearance Discrimination

In order to help him take down messages from his mother, George decides to hire a secretary. But fearing that he’ll never get any work done if he goes "the tomato route," George decides to do a "complete 360" and rejects secretarial candidates for being too attractive. He only considers candidates based on their work … Continue reading “The Secretary” – Appearance Discrimination

“The Abstinence” – Communication With a Person Represented by Counsel

After Kramer opens up a smoker’s lounge in his apartment, he believes he has a face-case against the tobacco company for failing to warn him that smoking could cause him to lose his allure, his twinkle, and turn his face into an old catcher's mitt. But, despite being represented by the splendid, magnificent attorney Jackie … Continue reading “The Abstinence” – Communication With a Person Represented by Counsel

“The Postponement” – Clergy/Penitent Privilege

After Rabbi Glickman uses his big mouth to blab all over town that Elaine is filled with jealously and resentment of George for entering the holiest of unions, Elaine is mortified that their personal conversation was made public. Was the conversation between Elaine and the Rabbi protected by the clergy-penitent privilege? Can the Rabbi reveal … Continue reading “The Postponement” – Clergy/Penitent Privilege

“The Good Samaritan” – Adultery

In part 2 of our posts on “The Good Samaritan,” we ask whether George was guilty of adultery when he slept with Robin after he practiced the timeless art of seduction with his alluring: “God bless you.” https://www.youtube.com/watch?v=nlL_krkAd9s After George and Robin actually sleep together, George turns to Robin and cries “what's wrong? I'll tell … Continue reading “The Good Samaritan” – Adultery

“The Good Samaritan” – Assault

After Kramer has a seizure during an episode of Entertainment Tonight, Elaine figures out that it’s the sound of Mary Hart’s voice that’s causing Kramer to have an epileptic fit. Can Kramer sue Entertainment Tonight or Mary Hart for causing his seizures?   https://www.youtube.com/watch?v=gytrxCAFB9A While Seinfeld presents this scenario rather humorlessly, it is actually based … Continue reading “The Good Samaritan” – Assault

“The Seven” – Arbitration Agreements

After a dispute between Kramer and Elaine regarding whether Elaine must compensate Kramer with her bicycle for him fixing her sore neck, the two agree to have Newman arbitrate their disagreement. Is Newman’s decision binding? Can Elaine appeal the decision? https://www.youtube.com/watch?v=wsbgwNe4Rv4 Arbitration is a form of alternative dispute resolutions (ADR) where the parties agree to … Continue reading “The Seven” – Arbitration Agreements

“The Package” – Write Offs

After Kramer concocts an insurance scam to get the United States Postal Service to pay for Jerry’s new stereo, he claims that the $400 payment on the insurance claim is just a “write-off” for the independent federal agency. Is it actually a write-off? Does anyone even know what a write-off is? https://www.youtube.com/watch?v=XEL65gywwHQ Let’s start with … Continue reading “The Package” – Write Offs

“The Yada Yada” – Hate Speech

After Jerry makes a joke about dentists to Father Curtis, Jerry is accused of being an anti-dentite. Is it illegal to be an anti-dentite? Could Jerry’s joke be considered criminal? https://youtu.be/tnupnWcufsE?t=1m42s While hating a group of people or saying hate speech is not illegal, even about dentists, there are two doctrines outlined by the Supreme … Continue reading “The Yada Yada” – Hate Speech