Category: Constitutional Law

Dems Debate Changing Rules After Loss in Massachusetts

Leading Democrats are hinting at the possibility of changing the rules in light of the victory of Scott Brown in Massachusetts — possibly doing away with the long-protected right to filibuster. Rep. Barney Frank has called for the Senate to change its rules while Vice President Joe Biden has decried the use of the rule by Republicans.

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China Pulls Avatar From Movie Theaters

The Chinese government has joined the line of those who would like to see Avatar sent to a distant planet. We have already seen the Vatican, the Marines, and even a Chicago Alderman pan the movie, here. The Chinese officials have a particular gripe with the movie. The heartless corporation supported by the military looks a lot like them and could lead to civil unrest.

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Sighting The Bible: Military Contractor Found Adding Biblical Citations to Weapons

ABC has a truly bizarre and disturbing story. Brian Ross reports that a military contractor has encoded hidden New Testament Bible passages on high-powered rifle sites. The contractor is Trijicon, which apparently confirmed the practice.
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Supreme Court Votes To Ban Telecasting of Same-Sex Trial

In a rare rebuke to a trial judge, the Supreme Court voted 5-4 to block the planned telecasting of the trial over the constitutionality of Proposition 8 (the ban on same-sex marriage). The vote broke down along ideological line with the five conservatives ruling that Chief U.S. District Judge Vaughn Walker, presiding over the trial, had not given the public enough time to comment on the telecasting before issuing his order. The ruling came in Hollingsworth vs. Perry, 09A648.

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Boston Police Arresting People For Filming Them on Streets As Invasive of Their Privacy

After criticizing police in England for arresting people for filming them and buildings (here), it appears that the police in Boston have embraced this abuse and have started arresting people for the crime of filming them in the streets. Just ask Simon Glik, a lawyer who was arrested for filming officers in what he viewed as an excessive use of force.
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Same-Sex- Marriage Trial Begins in San Francisco

The ultimate odd couple David Boies and Theodore B. Olson have opened up their case against Proposition 8 in California to fight for the right of same-sex couples to marry. The opening arguments occurred this morning in the United States District Court in San Francisco. I will be discussing the case on the BBC tonight.

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Footnote Filibuster? Obama Re-Nominates Johnsen for OLC

President Obama has renominated Indiana Law Professor Dawn Johnsen to head the Justice Department’s Office of Legal Counsel. She is opposed by Republicans over her views on subjects like abortion. Much of the criticism over Johnson focuses on a single footnote in a brief — a further example of how the confirmation process works to winnow out anyone how has ever uttered an interesting or provocative thought.
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Plaintiffs Fight Effort to Limit Reforms in World Bank Protest Trial

Last night, the Plaintiffs in the World Bank/IMF protest case filed our opposition to the summary judgment motion filed by the District in the World Bank/IMF protest case. The District is trying to use a proposed settlement in another case to bar us from seeking more comprehensive reforms (or equitable relief) at the trial in September. As lead co-counsel in the Chang case (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filings below.
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Accenting the Positive in Polygamy: South African President Marries Fifth Wife in Zulu Ceremony

South African president Jacob Zuma has decided to accent the positive in marrying his fifth wife (he is currently married to three other women). He tied the knot for the fifth time and is now married to three women. Zuma insists that his polygamist lifestyle is more “honest” than leaders who simply cheat with mistresses.
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Plaintiffs in World Bank Protest Case File for Forensic Expert

This week, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court on the appointment of a forensic expert to investigate the destruction of evidence in the case. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filings below.
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Fur Flies Over Advert: PETA Runs AD With Picture of First Lady Without Permission

PETA’s new ad featuring Carrie Underwood, Tyra Banks, Oprah Winfrey and the First Lady bills them as “among the most stylish and influential women in America” who “all refuse to wear real fur.” The First Lady also refuses to make such endorsements. The ad raises questions over the use of celebrity images without consent and possible appropriation of name or likeness in torts.

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Tennessee Judge Reprimanded and Sued For Policy of Forced Drug Tests Based on Courtroom “Hunches”

Tennessee General Sessions Judge Durwood Moore has a curious view of the fourth amendment and the doctrine of judicial notice. Moore is the subject of a judicial ethics complaint and lawsuit after he had an observer in his courtroom arrested and forced to do a urinalysis. Moore insisted that this is simply his routine practice when he has “a hunch.”

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Iranian Court Orders Economics Journalist Jailed for Over Seven Years and Flogged

AFP is reporting another outrage out of the Iranian legal system where a journalist Bahman Ahmadi Amoui has been sentenced to over seven years in jail and a flogging with 34 lashes. Amoui was a critic of Iran President Mahmoud Ahmadinejad’s economic policies.

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