Justia Law Blog

Justia Serves as a Lambda Legal Gold Sponsor, Sends Representatives to San Francisco Soirée Updated: by

Lambda Legal is the oldest and largest legal organization in the United States committed to achieving full civil equality for the lesbian, gay, bisexual, and transgender community, as well as those living with HIV. It is a nonprofit organization that aims to achieve positive change within these diverse communities through…

Smoke Gets In Your Eyes: Justia Weekly Writers’ Picks – May 2, 2014 Updated: by

Envtl. Prot. Agency v. EME Homer City Generation, L. P., United States Supreme Court (4/29/14) Environmental Law, Government & Administrative Law The Clean Air Act (CAA) requires national ambient air quality standards (NAAQS) for pollutants at levels that will protect public health, 42 U.S.C. 7408. Once EPA establishes NAAQS, it…

Courthouse News Wins First Amendment Case for Access to Court Records Updated: by

Courthouse News Service won a ruling in the Ninth Circuit recently for access to court filings. CNS went to federal court last year to challenge the Ventura County Superior Court policy of delaying the release of court opinions.  A U.S. district court judge dismissed the case, finding that it was…

Justia Weekly Writers’ Picks – April 25, 2014 Updated: by

Legal news coverage was dominated this week by the Supreme Court Shuette decision, which upheld Michigan's affirmative action ban for college admissions. Read a summary below of the Court's decision along with a few other interesting opinions picked out by our writers this week. Schuette v. Coal. Defend Affirmative Action,…

All Creatures Great & Small – Justia Weekly Writers’ Picks April 18, 2014 Updated: by

State v. DeMarco, Connecticut Supreme Court (4/22/14) Civil Rights, Constitutional Law, Criminal Law Upon following up on complaints from Defendant’s neighbor relating to Defendant’s keeping of animals in his residence, a police officer concluded that a “welfare check” was necessary and made a warrantless entry into Defendant’s home. Defendant subsequently…

Jackpot!! Justia Weekly Writers’ Picks – April 4, 2014 Updated: by

McCutcheon v. Fed. Election Comm’n, United States Supreme Court (4/2/14) Civil Rights, Communications Law, Constitutional Law, Election Law The Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002, impose base limits, restricting how much money a donor may contribute to a particular candidate or committee,…

Tommy Flanagan for the Defense, Your Honor – Justia’s Weekly Writers’ Picks 3/28/14 Updated: by

United States v. Bergman, US 10th Cir. (3/28/14) Constitutional Law, Criminal Law Defendant-appellant Gwen Bergman was arrested when the hit-man she thought she hired to kill her husband was in fact an undercover police officer. After trial, it emerged that defendant’s lawyer was not a lawyer-in-fact, but a con man.…

Justia Weekly Writers’ Picks – March 21, 2014 Updated: by

Bray v. Planned Parenthood Columbia-Willamette, Inc., US 6th Cir. (3/21/14) Civil Procedure, Communications Law, Constitutional Law Bray is an antiabortion activist and wrote a book, A Time to Kill. In 1985, Bray was convicted for a felony relating to physical damage to abortion centers. He spent four years in prison.…

Rails-to-No-Trails – Justia Weekly Writers’ Picks – March 14, 2014 Updated: by

Marvin M. Brandt Revocable Trust v. United States, United States Supreme Court (3/10/14) Real Estate & Property Law, Transportation Law, Zoning, Planning & Land Use The General Railroad Right-of-Way Act of 1875 provides railroad companies “right[s] of way through the public lands of the United States,” 43 U.S.C. 934. One…

Should Arbitration Dockets in Public Courts be Public? Updated: by

Delaware Courts of Chancery appealed to the U.S. Supreme Court recently, seeking to validate a law that would allow them to hold confidential arbitration proceedings for parties with $1M litigation at stake. Professor Judith Resnik wrote about this in the NYT Op-Ed pages,  "Renting Judges for Secret Rulings."