My occasional take on important, cutting-edge or interesting legal news:
Legal News
Legal News
December 4th, 2013
NPR's Michelle Andrews did an interview with Jennifer Mathis of Judge David L. Bazelon Center for Mental Health Law on the final rule from the federal government to enforce parity in health insurance coverage between physical health and mental health.
A couple interesting nuggets:
One- Since interim parity regulations came out, only a small percentage of plans have dropped mental health or substance use coverage.
Two- The final... Continue Reading
December 4th, 2013
Pierre Omidyar, founder of eBay and writing in The Huffington Post, asked whether distributed denial of service attacks are a legitimate form of protest --- such as when Anonymous hackers targeted Paypal for refusing to send donations to Wikileaks. Fourteen criminal defendants facing federal charges for the Paypal DDOS attacks are due in court this week.
On one hand, "a denial of service attack is damaging and costly. Many of PayPal... Continue Reading
December 4th, 2013
Even though a trial date has been set in the first case in which plaintiffs are challenging Pennsylvania's ban on same-sex marriage, Governor Tom Corbett's administration is appealing to the Third Circuit on the applicability of U.S. Supreme Court precedent, Baker v. Nelson, on the Pennsylvania case, The Legal Intelligencer's Saranac Hale Spencer reports. In 1971, the Supreme Court upheld a five-page Minnesota Supreme Court opinion... Continue Reading
December 4th, 2013
The Connecticut Supreme Court is considering whether petitioner Charlotte Stacey is entitled to loss of consortium even though she was not married to her female domestic partner, who allegedly died from medical malpractice, The Hartford Courtant reports. While Connecticut only allows loss of consortium for legally married spouses, Stacey argues that her constitutional rights were violated because she and her deceased partner wanted to be... Continue Reading
December 3rd, 2013
The International Association of Chiefs of Police is urging law enforcement agencies "to adopt new guidelines for conducting photo lineups, videotaping witness interviews and corroborating information from jailhouse informants, among 30 recommendations," The Washington Post reports. The Post further reports that more than 20 states record interrogations statewide, and another 850 law enforcement agencies voluntarily record... Continue Reading
December 3rd, 2013
The Wall Street Journal reports that Amazon's plan to make deliveries by drone face some legal hurdles: "legal experts point to safety risks and issues such as whether people on the ground might take umbrage to Amazon’s aircraft flying over their property." For example, neighbors could sue for trespass if the drones crossed into their property's airspace, The Journal reports. Continue Reading
December 3rd, 2013
America's new health law is beating projections on how much it will cost, The New York Times reports, "with both the Medicaid expansion and the subsidies for private insurance plans ending up less expensive than anticipated." The main reason is the slow economy as well as deductibles and copays that discourage consumers from undertaking some health care.
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December 3rd, 2013
Detroit Free Press reports: "The city of Detroit today officially became the largest municipality in U.S. history to enter Chapter 9 bankruptcy after U.S. Bankruptcy Judge Steven Rhodes declared it met the specific legal criteria required to receive protection from its creditors." Detroit has $18 billion in debt and long-term liabilities, the paper also reports.
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December 3rd, 2013
Philip Alston, writing in Just Security, asks if the United Nations let the United States off the hook regarding Internet privacy. While the language of a United Nations resolution was watered down at American urging, Alston argues that there is good news in a resolution that is set to be adopted by the full UN this month. Among other good points, "by basing itself on the formulations of the right to privacy included in both the Universal... Continue Reading
December 3rd, 2013
Broadcasting & Cable reports that "studios and defenders of copyrights" are filing amicus briefs in support of broadcasters, who are challenging Aereo's Internet streaming service of broadcast TV programming as a violation of their copyrights. However, Aereo does not yet have any amicus supporters in the U.S. Supreme Court, although Aereo's counsel pointed out to Broadcasting & Cable "that the court’s 30-... Continue Reading
December 3rd, 2013
A Mississippi judge has rejected a lesbian's request to have her California same-sex marriage dissolved by the courts of her home state, according to the Associated Press. Democrat Attorney General Jim Hood said in a motion to intervene on Nov. 15 that Mississippi "has no obligation to give effect to California laws that are contrary to Mississippi's expressly stated public policy" barring same-sex marriage, the AP also... Continue Reading
December 2nd, 2013
The Pittsburgh Tribune-Review reports on legislation that would change how judges are selected in Pennsylvania. Judges are "not like other politicians, who knock on doors for votes, run races with more media coverage and compile easily-digestible records of their votes," and many voters do not know about judicial candidates in any great depth, the paper reports.
"Proponents of the change, including former U.S. Supreme Court... Continue Reading
December 2nd, 2013
The Guardian reports on U.S. Supreme Court oral arguments today in a case in which the state of Michigan argues that the Bay Mills Indian Community inappropriately opened an off-reservation casino without authorization of the federal government and in violation of a state agreement. Some of the justices took a skeptical view of the position that tribal sovereignity gives extra protection against closing the casino or other action by Michigan.... Continue Reading
December 2nd, 2013
The Associated Press reports that prosecutor State's Attorney Stephen Sedensky III announced today he will no longer fight against the disclosure of 911 calls made as Adam Lanza shot schoolchildren and school officials at Sandy Hook Elementary School in Newtown, Connecticut. Last week, Sedensky was ordered by a trial judge to release the 911 calls to the Associated Press. The AP says it wants to review the recordings, in part, to... Continue Reading
December 2nd, 2013
Michael Mukasey, who served as attorney general under former President George W. Bush, is arguing against a bill pending in the U.S. Senate that would allow reporters to protect their confidential sources in most instances, The Wall Street Journal reports. Mukasey argues the bill is '"fraught with near-meaningless amibiguity'" on who would be covered journalists and that the bill would give judges too much power to decide... Continue Reading
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