My occasional take on important, cutting-edge or interesting legal news:
Legal News
Legal News
May 6th, 2014
A Las Vegas judge has sanctioned defense attorneys in a trial over Actos for disobeying court orders and disrupting court proceedings, The National Law Journal's Amanda Bronstad (and my colleague) reports: the lawyers, according to the trial judge's opinion, have "'“repeatedly engaged in disruptive and disrespectful behavior towards the court.'" The jury will be told of the sanctions and the judge plans to... Continue Reading
May 5th, 2014
The U.S. Supreme Court, 5-4, has upheld legislative prayer in the Town of Greece v. Galloway case, Volokh Conspiracy reports. The majority ruled that opening legislative sessions with Christian prayers doesn't violate the First Amendment's ban on the government establishing religious practices. Here's the opinion: http://www.supremecourt.gov/opinions/13pdf/12-696_4f57.pdf Continue Reading
May 5th, 2014
The Pennsylvania Supreme Court, 4-2, has ruled that warrantless searches of cars are permissible, the Harrisburg Patriot-News reports. The Supreme Court adopted a probable cause standard. Justice Seamus P. McCaffery, the author for the majority, said Pennsylvania would now have a uniform standard in federal and state court and would "'avoid unnecessary confusion, conflict and inconsistency in this often-litigated area.'... Continue Reading
May 4th, 2014
The Washington Post's Robert Barnes writes about the glee that has resulted from U.S. Supreme Court Justice Antonin Scalia's mistake in his dissent in a case about the Environmental Protection Agency's authority to regulate pollution.
Scalia said the EPA had advocated a cost-conscious approach to setting air quality standards in a 2001 case, but it was the industry that asked the court to consider costs. Scalia's opinion... Continue Reading
May 4th, 2014
United Nations Secretary-General Ban Ki-moon said last week on World Press Freedom Day that "freedom of expression, independent media and universal access to knowledge will fortify our efforts to achieve lasting results for people and the planet," Pakistan's The Nation reports. The secretary general also criticized attacks on journalists. Continue Reading
May 4th, 2014
A liberal Protestant denomination filed a lawsuit last week challenging North Carolina's ban on same-sex marriage, arguing that the freedom of religion of its clergy members is violated because they are not able to join same-sex couples in matrimony, the New York Times reports. The lawsuit is the "first such case brought by a national religious denomination challenging a state’s marriage laws," the Times... Continue Reading
May 3rd, 2014
As it becomes increasingly clear that Ukraine is likely to lose its eastern territory, Maria Popova, writing in Foreign Affairs, says that a plan to purge Ukraine's judiciary is going to backfire. The judiciary has severe problems with political subservience and corruption, she says. But cleaning up the judiciary through "lustration -- the process of weeding out (and denying future office to) the current judicial leadership... Continue Reading
May 3rd, 2014
John Paul Stevens, the retired U.S. Supreme Court justice, testified this week that the United States should adopt a constitutional amendment for campaign finance reform, the Legal Times reports. He wants the amendment to read: "'Neither the First Amendment nor any provision of this Constitution'" would prohibit "'reasonable'" limits on campaign contributions at the federal or state level.
The Senate... Continue Reading
May 1st, 2014
The Washington Post reported last week on how some federal magistrate judges are "balking at sweeping requests by law enforcement officials for cellphone and other sensitive personal data, declaring the demands overly broad and at odds with basic constitutional rights." For example, D.C. Magistrate Judge John M. Facciola, "deemed a law enforcement request for the entire contents of an e-mail account 'repugnant'... Continue Reading
April 29th, 2014
Several U.S. Supreme Court justices appear to be open to putting limits on police officers searching cellphones, Politico reports. Oral argument were heard in two criminal cases today involving warrantless searches of smartphones: "The arguments in both cases centered around whether cellphones and personal technology have created a fundamentally different world for police, and whether that means that warrants should be required for... Continue Reading
April 29th, 2014
The U.S. Supreme Court, 6-2, has upheld the Environmental Protection Agency's authority to limit interstate pollution, the Washington Post reports. Richard Lazarus, an environmental law professor, told the Post the rule allowing the EPA to regulate pollution sent into downwind states from upwind states is "one of the most significant rules ever" promulgated by the EPA. Continue Reading
April 29th, 2014
The New York Times' Adam Liptak is predicting a split decision in the case of a public employee fired in retaliation for his testimony in a public corruption case. While a majority of justices seemed ready during oral argument to protect Lane, Liptak reports that a ruling might not help him because he might not be able to show that his First Amendment rights were clearly established at the time he was fired. Continue Reading
April 29th, 2014
The federal government is opposing New York Times reporter James Risen's request for the U.S. Supreme Court to consider his case, which could have profound impact on media law and the amount of protection reporters have for their confidential sources, Politico reports. The Fourth Circuit ordered Risen to testify about his confidential sources in the federal prosecution of an alleged leaker. Risen was subpoenaed regarding his... Continue Reading
April 28th, 2014
The U.S. Supreme Court, 5-4, reversed a $3.4 million restitution award granted against a man who viewed child pornography porn, The New York Times' Adam Liptak reports. The award was granted to a victim whose uncle recording his raping of her. The majority adopted a "vague" standard, Liptak reports, which will require trial courts to only order “reasonable and circumscribed” restitution “in an amount... Continue Reading
April 28th, 2014
Three same-sex couples in Tennessee had legal recognition of their out-of-state marriages stayed after the Sixth Circuit entered a temporary order while the case is on appeal, The Tennessean reports. The plaintiffs argue Tennessee's statutory and constitutional bans on same-sex marriages harms them. Continue Reading
Lawyer and Legal Journalist
