Below is today’s column on the first day of the October Term for the Supreme Court. It specifically explores the first amendment cases on the docket. There are four major such cases thus far on the docket and, most importantly, two free speech cases that will be strong indicators of the views of Justice Sonia Sotomayor.
Continue reading “Justice Sonia Sotomayor’s Free-Speech Tests”
Judge Charles J. Markey is asking for a public rehearing. The New York Law Journal and the ABA Journal ran a story detailing how Markey allegedly denied a motion or dismissed a case due to improper stapling. The story was picked up on various legal blogs, including this blog. However, Markey has written a letter to the editor insisting that the facts have been distorted and that this was no “case of first impression” of dismissal for negligent stapling. He seems to have a case.
Continue reading “Decoupling the Staple Story: New York Jurist Challenges Account Over Negligent Stapling Story”
The Supreme Court has accepted a major handgun case, McDonald v. Chicago, that will define the scope of the recently recognized individual right under the Second Amendment. It will also allow new Justice Sonia Sotomayor to vote on the very issue that led to much of the opposition against her in her confirmation.
Continue reading “Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights”
Florida State bar authorities have fined trial lawyer Sean Conway $1,200 for criticizing Ft. Lauderdale Judge Cheryl Aleman on a blog, including calling Conway an “evil, unfair witch.” We previously discussed this case, here. The ruling is a major blow to free speech and another case of courts or the bar overreaching in punishing lawyers and parties for their criticism of judges. What is particularly interesting is that Aleman has been charged with misconduct by the Judicial Qualifications Commission.
Continue reading “Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog”
The United Nations Fact Finding Mission on the Gaza Conflict will issue a report today accusing Israel of “actions amounting to war crimes, possibly crimes against humanity” during its military incursion into Gaza from December 27 to January 18. The mission headed by respected South African judge Richard Goldstone is a major development in the controversy and could put the United States in a very difficult position.
Continue reading “U.N. Report: Israel Committed War Crimes In Gaza”
Over the last decade, legislators have rushed to impose broader and broader restrictions on sex offenders that prohibit them from living within certain distances of churches, schools, and other locations. The result is often effective banishment or homelessness for sex offenders. Georgia’s politicians have been so careless in their legislation that officials are now recommending that sex offenders live in the forests.
Attorney Todd C. Bank really liked his Operation Desert Storm hat. Almost as much as Eastern District of New York Judge Nicholas G. Garaufis (left) disliked it. Bank, a sole practitioner in Queens, lost his constitutional claim that he had a right to wear jeans and a hat of his choice in court. Garaufis ruled that any desire to accessorize would occur outside of the Constitution and his court (or any other court for that matter).
Continue reading “Legal Question of the Day: Should A Lawyer Be Able to Wear Jeans and Hats in Court?”
A Polish court has awarded Alicja Tysiac $11,000 against a Catholic magazine, Gosc Niedzielny, after the magazine compared her to a child killer and a Nazi. While it is impressive to see a court levy such damages against a Catholic publication in this very Catholic nation, the ruling does raise freedom of speech issues.
Continue reading “Polish Court Awards Damages to Woman Who Was Compared in Article to the Nazis for Trying to Obtain an Abortion for Health Reasons”
New York Supreme Court Judge Charles Markey takes stapling very seriously. He took counsel to task for not just injurious stapling but failing to sign pleading, which were apparently signed in blood by the clerks.
Continue reading “New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling””
Below is today’s column on the aftermath of the Joe Wilson controversy. The threat of the Democrats to punish members using certain words to criticize the President raises some novel and unresolved constitutional questions.
A New Jersey court has handed down a ruling that may be cited in thousands of disputes over pets by divorcing or separating couples. Doreen Houseman and Eric Dare split up after 13 years as an unmarried couple in 2006 and agreed on the easy division of possessions with one notable exception: Dexter, their pet pug. Now, Judge John Tomasello has ruled that the former couple must have joint custody of the six-year-old dog — rotating every five weeks.
Continue reading “Half-a-Pug Each: Court Orders Joint Custody of Pet for Former New Jersey Couple”
Civil libertarians have been objecting that liberals are ignoring the Obama Administration’s continuation of a number of Bush programs and policies — in contradiction to President Obama’s presidential campaign promises. From torture to unlawful surveillance, Obama has continued the positions of President Bush in federal courts in seeking to dismiss lawsuits and claim sweeping executive privilege authority. Now, the Obama Administration is seeking to get a court to dismiss a lawsuit by gay married couples from Massachusetts who are challenging the denial of federal marriage benefits.
Continue reading “Obama Administration Moves to Dismiss Lawsuit By Gay Married Couples Over Federal Benefits”
Goodhue County District Judge Timothy Blakely, 46, is accused of being a rainmaker from the bench. He was found by a state investigation to have been referring parties in his court to his own divorce lawyer, “Super Lawyer” Christine Stroemer who allegedly gave him a discount on his own bill for fees.
Fawziya Abdullah Youssef, 12, is the latest victim of the tradition of child-bride under Sharia law in some Muslim countries. She died after three-days of labor trying to give birth to a child that was the result of her marriage to a 24-year-old man in Yemen. She was eleven at the time. The baby also reportedly died.
Continue reading “Twelve-Year-Old “Child-Bride” in Yemen Dies in Labor”
Suddenly, it appears that most extreme elements of our political debate have discovered the Tenth Amendment in arguing for either secession or a type of state independence that borders on separatism. This video of a Texas secessionist rally is shocking given the chants of “we hate the United States” but it is most telling in recognition that “legal secession” it no longer a serious claim. Others do not want to secede but rather to use the Tenth Amendment to bar such things as the national health bill from closing their borders. I discussed this story last night on this segment of the Rachel Maddow show.
Continue reading “Secessionists and Separatists Discover the Tenth Amendment”