Americans Deliver Verdicts on the
U.S. Supreme Court
[Harris Poll, 10/1/14]: Majorities feel it's a crucial governing body, but many
are unfamiliar with how justices are confirmed; Seven in ten balk at lifetime
appointments.
Young legal stars spend heady year at high court [AP, 10/3/14]: These
young elite of the legal world tend to be accomplished and polished beyond
their years, and more likely than not to leave a mark on their profession.
Welcome Back, SCOTUS: 3 Supreme
Court Cases to Watch in October 2014 [Reason.com, 10/3/14]: The high court prepares to tackle
aggressive police tactics, religious liberty for prisoners, and occupational
licensing abuse.
Gay
marriage aside, business cases dominate U.S. high court docket [Reuters /
Fortune, 10/13/14]: Gay marriage may be the most anticipated issue heading for the U.S.
Supreme Court, but the justices also must tackle a host of business cases as
they convene for their new term, including a patent battle involving Teeva Pharmaceutical
Industries, Inc.
Chemerinsky Reports Troubling Truths About the
Supreme Court [Justia, 10/3/14]:
John Dean writes about “The Case Against the Supreme Court” by UC Irvine Law
School Dean Erwin Chemerinsky.
10 U.S. Supreme Court Cases That
Matter for State and Local Governments [Governing.com, 10/3/14]: The U.S. Supreme Court will hear
cases this term related to religious freedom in state prisons, taxes on railway
carriers, traffic stops and more.
Alabama's Insane New Abortion Law [Slate, 10/2/14]: Putting teenage
girls on trial may finally be too much for the Supreme Court.
5th Circuit Closes Doors on Texas Abortion Clinics [CNS, 10/2/14]:
Abortion clinics not in compliance with Texas' new stringent rules on abortion
must close their doors, the 5th Circuit ruled Thursday. The decision significantly affects the number of
clinics in Texas, reducing their number from about 20 to seven or eight.
That $1,200 Machine for
Making Untraceable Guns Just Sold Out in 36 Hours [Wired, 10/3/14]: Americans want guns without
serial numbers. And apparently, they want to make them at home.
Obama Finally Delivers a
Campaign Message. Is It too Late? [Nat
Journ, 10/3/14]: The president offered a robust defense of the economy and his
signature health-care bill, but it's not clear whether voters are listening.
Arizona Redistricting Suit Picked Up by Supreme Court [CNS, 10/2/14]: The
Supreme Court agreed Thursday to decide whether Arizona's adoption of
congressional districts by commission complies with the law. Voters created the Arizona Independent Redistricting
Commission through Proposition 106 in 2000. Though Democrats challenged the first map that the commission adopted in
2002, their challenge was dismissed, and the Republican-led Legislature then
challenged the map that the commission released in 2012.
Poll: Voters sour on
Congress; country’s direction makes them wince [McClatchy DC, 10/2/14]: Most Americans view the
country moving in the wrong direction and don’t see their financial futures
getting better anytime soon, attitudes likely to make it harder for Democrats
to do well this fall, according to a new McClatchy-Marist poll.
Third
Circuit gives narrow reading to exclusionary rule [Volokh
Conspiracy blog, 10/2/14]: This is about
the Third Circuit’s litigation in United States v. Katzin, a case on
the Fourth Amendment implications of installing a GPS device. Initially, a panel of the court held that installing a GPS device on a car
requires a warrant and that the exclusionary rule applied because there was no
binding precedent allowing the government to install the device. Next, DOJ
moved for en banc rehearing of just the exclusionary rule holding, which the Third Circuit granted. That
brings us to the new development: On Wednesday, the en banc Third Circuit ruled that
the exclusionary rule does not apply.
Here is the 3rd
Circuit ruling from 10/1/14:
'Good Faith' Made Warrantless GPS Search OK [CNS, 10/2/14]:
Evidence from a warrantless GPS tracker that police put on a car before the
Supreme Court forbade the practice is admissible at trial, the full 3rd Circuit
ruled. The case involves the 2010
investigation into a wave of Rite Aid pharmacy burglaries that hit Delaware,
Maryland and New Jersey. Circumstantial evidence led police to suspect Harry
Katzin and his brothers, Michael and Mark Katzin.
The 3rd
Circuit decision in U.S. v. Katzin can be found here:
Two
little known statutes may make religious belief superior to the law of the land
[Constitution Daily, 10/3/14]: We have all learned to be sensitive to the many symbolic
dimensions of hair. Cultural marker, religious mandate, personal statement,
good luck charm—hair matters. And we all know that most things that matter
sooner or later become the stuff of legal conflict. Indeed, a facial hair
dispute will soon be before the Supreme Court.
Religious Rights in Historical,
Theoretical and International Context: Hobby Lobby as a Jurisprudential
Anomaly? Law
Professor S.I. Strong’s paper on this interesting topic:
Student’s suit alleges Mississippi
district expelled him for online posting of nude photo of classmate [NSBA Legal Clips, 9/29/14]: The
Clarion-Ledger reports that the parents of a ninth grade student, identified as
J.B., who attended Germantown High School (GHS), have filed suit against
Madison County Schools (MCS) alleging that the school district violated J.B.'s
free speech rights and deprived him of an education.
U.S. Dep’t of ED issues guidance on
resource equity for all students [NSBA Legal Clips, 10/2/14]: In a press release from the
U.S. Department of Education, Secretary Arne Duncan has announced Guidance to
Ensure All Students Have Equal Access to Educational Resources. The guidance,
in the form of a "Dear Colleague Letter" (DCL), was issued by ED's
Office for Civil Rights (OCR) and "provides detailed and concrete
information to educators on the standards set in Title VI of the Civil Rights
Act of 1964."
The Supreme Court Is Poised To Cripple The Federal Ban On Housing
Discrimination [ThinkProgress,10/2/14]: The U.S. Supreme Court agreed to
take a case Thursday morning that is expected to demolish a crucial legal
protection against racial discrimination in housing. The case concerns how
plaintiffs can prove that governments and developers are discriminating.
This is Texas Department of Housing and
Community Affairs v. The Inclusive Communities Project, Inc. which can be found
at:
A look at what's next on same-sex marriage [SCOTUS blog, 10/3/14]: A wide wave of anticipation that the Supreme Court would
plunge into the constitutional controversy over same-sex marriage ran into
a wall of silence on Thursday. The Justices released a list of official
actions which said nothing at all on that issue. Whether that was
disappointing or reassuring, it likely will set off a new wave of interest
in what the Justices do next, including next Monday.
Meet two activists who brought
sweeping change to the gay rights movement [Wash Post Mag, 10.5/14]: Michelangelo Signorile does not hold back. Not then, not now. A generation ago,
he shouted down Cardinal Joseph Ratzinger, who would become Pope Benedict XVI. In the gay magazine
he worked for, he accused gossip columnist Liz Smith and her high-society
friends of being “murderers” for not doing enough about AIDS. And when he was
incensed at closeted public figures, he printed their telephone numbers in
giant type.
Rebalancing Teacher Tenure: A Post-Vergara Guide for
Policymakers [Ed Law Prof blog, 10/3/14]:
The New Teacher Project has released a new
report, Rebalancing Teacher Tenure, as a response to the California
trial court ruling striking down the current teacher tenure system there.
The full
report can be found at:
Minnesota Votes to Table Transgender Athlete Policy
After Heated Debate [Schooled in Sports blog, 10/3/14]: Transgender
student-athletes in Minnesota will have to wait a few more months before new
rules are enacted regarding their participation in high school athletics.
U.S. Supreme Court takes
up Bay Area immigration case [SF
Chron, 10/3/14]: Taking up the case of a Bay Area woman who has been trying to
get her husband into the United States for eight years, the U.S. Supreme Court
agreed Thursday to decide whether the government can deny an immigration visa
without stating a reason.
The case is Kerry
vs. Din and can be found here:
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