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Harvard Law & Policy Review Blog

Harvard Law & Policy Review Blog

Explores law and policy from new angles, and aims to make unique contributions to discussions unfolding in the national media, local news, and the blawgosphere. Bloggers are progressive law students and lawyers from around the country. The Harvard Law & Policy Review is the official journal of the American Constitution Society.

http://hlpronline.com
Rank this Week: 2513

Defamation Law Blog

Defamation Law Blog

Provides defamation news and legal analysis with a Canadian focus. By Matthew Nied.

http://defamationlawblog.wordpress.com
  • Mar 30

    Ross River Dena Council v. Government of Yukon: “Open Entry” Mining Claims and the Duty to Consult

    Ross River Dena Council v. Government of Yukon: “Open Entry” Mining Claims and the Duty to Consult
    In Ross River Dena Council v. Government of Yukon, 2012 YKCA 14, the Yukon Court of Appeal unanimously held that the Government of Yukon has a duty to consult with First Nations before recording mineral claims staked in areas claimed by First…
  • Mar 20

    Antrium Truck Centre v. Ontario: Injurious Affection and Private Nuisance

    Antrium Truck Centre v. Ontario: Injurious Affection and Private Nuisance
    In Antrium Truck Centre Ltd. v. Ontario (Minister of Transportation), 2013 SCC 13, the Supreme Court of Canada reviewed the law of injurious affection, which occurs when a defendant’s activities interfere with the claimant’s use…
  • Feb 17

    Tang v. Zhang: Forfeited Deposits and Proof of Damage

    Tang v. Zhang: Forfeited Deposits and Proof of Damage
    In Tang v. Zhang, 2013 BCCA 52, the British Columbia Court of Appeal considered the interpretation of “deposit” clauses in standard form contracts for the purchase and sale of real estate. The key issue was this: where a…
Rank this Week: 2941

Life Sentences Blog

Life Sentences Blog

A blawg by Marquette University Law School Professor Michael O'Hear to track new legal developments and research relating to long prison sentences.

http://www.lifesentencesblog.com/
Rank this Week: 2893

New Jersey Eminent Domain Law Blog

New Jersey Eminent Domain Law Blog

This blog is dedicated to informing the general public, as well as attorneys and real estate professionals, about current condemnation and redevelopment procedures and their impact on private property. Published by William J. Ward of Carlin Ward.

http://www.njeminentdomain.com/
  • Jun 25

    Eminent domain, special benefits, and beach replenishment

    Eminent domain, special benefits, and beach replenishment
    The New Jersey Supreme Court has granted Certification to the Borough of Harvey Cedars in the case of Harvey Cedars v. Karan (A. 120-11). At issue in the case is the longstanding policy in eminent domain cases that does not permit…
  • Mar 29

    Essex County Vo-Tech eminent domain complaint dismissed

    Essex County Vo-Tech eminent domain complaint dismissed
    New United Corporation v. Essex County Vocational-Technical School Board of Education [A-2014-10T2] By William J. Ward and Winifred E. Campbell
  • Mar 28

    US Supreme Court ruling on due process in wetlands regulation

    US Supreme Court ruling on due process in wetlands regulation
    Challenging a wetlands designation in eminent domain cases is often a key issue for property owners attempting to obtain just compensation for the acquisition of their property. While the decision of the Supreme Court  in Sackett v. EPA is…
Rank this Week: 2583

The Legal Conservative

The Legal Conservative

Discusses law and cases from a conservative perspective. By the Woodring Law Firm.

http://www.woodringlawfirm.com/legal_conservative_blog
  • May 2

    Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction

    Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction
    Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction. First of three articles I have the privilege to write for Medscape to cover the healthcare lawsuit argued topics. Note, you may have to do a free sign up to access the…
  • Sep 6

    Nice Background on Florida Solicitor General Scott Makar

    Nice Background on Florida Solicitor General Scott Makar
    A Certain Appeal || Gulf Coast Business Review | Tampa Bay, Bradenton, Sarasota, Fort Myers, Naples. Interesting read on the background of a friend, Solicitor General Scott Makar.  I believe at this point he is the longest serving Florida…
  • Aug 12

    Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbe

    Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbe
    Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbes. This is a 300 pg. opinion, so more comments to follow.  11th Circuit decision on Constitutionality of Healthcare Nice Quotes: In sum, the…
Rank this Week: 2934

Not a Potted Plant

Not a Potted Plant

Covers life in California, law, food, and politics. By Transplanted Lawyer.

http://notapottedplant.blogspot.com/
  • Mar 5

    Watering The Tree Of Liberty

    Watering The Tree Of Liberty
    Watching the protests in Egypt last month descend into violence, especially seeing video from the BBC and CNN of pro-democracy protesters clashing with agents of the authoritarian status quo in one of Cairo's most important
  • Feb 6

    Super Bowl Halftime Entertainment

    Super Bowl Halftime Entertainment
    Here's the recent history:2001: Aerosmith (and guests)2002: U22003: Shania Twain (and guests)2004: Janet Jackson And Her All-Star Nipple 2005: Paul McCartney 2006: The Rolling Stones2007: Prince (and guests)2008: Tom Petty and the…
  • Feb 6

    This Is Number Thirteen Or Is It Number 4,000

    This Is Number Thirteen Or Is It Number 4,000
    This is very close to my four thousandth post. So of course it gives me much joy to dedicate it to the Super Bowl XLV champions, the 2010 Green Bay Packers, improbably coming from 14 players on injured reserve and losing one of their star…
Rank this Week: 2764

Essentially Contested America

Essentially Contested America

Covers the constitutional, political, and cultural controversies which define the character of America. By Widener University School of Law Professor Robert Justin Lipkin.

http://essentiallycontestedamerica.org
Rank this Week: 2681

The First: First Amendment…

The First: First Amendment Project's Weblog

Covers First Amendment Issues. From the First Amendment Project.

http://www.thefirstamendment.org/blog/
  • Dec 21

    Hear No Evil, See No Evil, Condemn No Evil

    Hear No Evil, See No Evil, Condemn No Evil
    The latest issue of Index on Censorship magazine includes an interview with Jytte Klausen about her new book on the Danish cartoons crisis and why Yale University Press chose to publish it without any illustrations. Index on Censorship…
  • Oct 13

    Ralph Lauren: Impossibly Skinny, Impossibly Fashionable

    Ralph Lauren: Impossibly Skinny, Impossibly Fashionable
    Yep. Believe it or not, the Ralph Lauren model above has not been manipulated. At least not by me. By Ralph's fashion empire. He placed her in a slightly different context however. Note the body types though. Spot any differences?I cannot…
  • Sep 7

    Anonymity: Social responsibility, civility...or fear?

    Anonymity: Social responsibility, civility...or fear?
    An article in the New York Times, China Web Sites Seeking Users’ Names, reveals a new intrusion by Chinese authorities. This argument against anonymity has been made here in the United States as well. Recently Google revealed the name of a…
Rank this Week: 2540

The TransAtlantic Assembly

The TransAtlantic Assembly

Blog of American and European Practitioners and Academics on European and American Constitutional Law (with an eye to the European Constitution), International Law, European Law, and Law and Philosophy.

http://transatlanticassembly.blogspot.com/
  • Sep 4

    Italy's tragic future

    Italy's tragic future
    Silvio Berlusconi is a modern dictator. He controls all the most important functions of the state and is THE key player in the private sphere. Modern dictators are characterized by an ability to disguise their authoritarianism through subtle…
  • Sep 2

    No to Barroso

    No to Barroso
    Does anyone out there know who Barroso is? More importantly does anybody know what was his best achievement during his four years as President of the European Commission, the highest institution within the EU? Very few will be able to answer…
  • Jul 25

    Obama's Transatlantic Speech

    Obama's Transatlantic Speech
    Berlin was like a honeymoon between America and Europe. But Obama's honey words, were a little too sweet:
Rank this Week: 2567

U.S. Supreme Court Blog

U.S. Supreme Court Blog

Summaries and Commentary on Supreme Court Cases. From Tim Cone.

http://ussc.blogspot.com/
  • Jun 8

    Boyle v. United States: Not much structure needed for RICO

    Boyle v. United States: Not much structure needed for RICO
    The Supreme Court held that an association-in-fact enterprise under RICO, 18 U.S.C. § 1962(c), must have a "structure," but it need not be, as Boyle sought the jury to be instructed in his bank robberies case, "an ascertainable structure…
  • Jun 1

    Bobby v. Bies: No Double Jeopardy bar on mental capacity in death case

    Bobby v. Bies: No Double Jeopardy bar on mental capacity in death case
    A State court’s determination that a defendant’s mental retardation was a mitigating factor in the penalty phase of a capital case does not trigger Double Jeopardy issue preclusion, and foreclose the question whether, in the wake of the…
  • May 26

    Montejo v. Lousiana: Michigan v. Jackson overruled leaving an interrogation free-for-all

    Montejo v. Lousiana: Michigan v. Jackson overruled leaving an interrogation free-for-all
    An inculpatory statement given by a defendant to police after the court ordered the appointment of counsel may be introduced at trial as evidence against him. In so holding, the Court overruled Michigan v. Jackson, which presumed that a…
Rank this Week: 2538

Media and Communications Policy

Media and Communications Policy

Covers First Amendment and communication policy issues. By the Media Institute.

http://www.mediacompolicy.org/
  • May 9

    Putting a Coda to the Myth of That YouTube Video

    Putting a Coda to the Myth of That YouTube Video
    The congressional Benghazi hearings may leave room for debate about why the Administration acted as it did before, during, and after the tragedy, but they surely put to rest any lingering claims that the attack was a consequence of that…
  • May 8

    Facebook Jumps Into the Political Fray

    Facebook Jumps Into the Political Fray
    The resolution of the flap over campaign ads paid for by a group (Fwd.us) funded by some leading tech barons, most notably Facebook’s Mark Zuckerberg, is going to be revealing of many things. Perhaps for the first time the tech industry…
  • May 2

    Blessings Amid the Gloom

    Blessings Amid the Gloom
    Just as men don’t live by bread alone, bloggers too are people of many parts.  Which is why I give you the following, all courtesy of YouTube. Robby Firman, age 7, a contestant on “Britain’s Got Talent,” who…
Rank this Week: 3067

DailyWrit

DailyWrit

A Daily Serving of Legal News.

http://dailywrit.com
  • Apr 23

    Agreement Between Justices Scalia and Thomas During October Term 2012

    Agreement Between Justices Scalia and Thomas During October Term 2012
    Over at Twitter, Mike Sacks posted an interesting question about the agreement rate between Justices Scalia and Thomas during October Term 2012: Is it me, or have Thomas and Scalia been on opposite sides a lot more this term than in the past?…
  • Jan 24

    Advocates Arguing from Private Practice (OT 2000-2011)

    Advocates Arguing from Private Practice (OT 2000-2011)
    In my last post, I provided a list of the top Supreme Court advocates of the twenty-first century who had never worked in the Office of the Solicitor General. As a comment on that post mentions, some who made my list had previous experience…
  • Jan 24

    Top Supreme Court Advocates of the Twenty-First Century

    Top Supreme Court Advocates of the Twenty-First Century
    I have a new Article out in the Journal of Legal Metrics entitled Top Supreme Court Advocates of the Twenty First Century. You can download the article here here. This Article identifies the Supreme Court litigators who have argued at least…
Rank this Week: 3515

Real Property & Development Review

Real Property & Development Review

Covers real estate, construction, and land use laws in the Pacific Northwest. By Davis Wright Tremaine, LLP.

http://www.dwtrealestatelawnw.com/
  • Apr 2

    In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not

    In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not
    By Lisa Doehl The Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” that an oil or gas project is in the state’s best interest, although subsequent permitting decisions must…
  • Apr 1

    Is Your Floating Home a “Vessel?”

    Is Your Floating Home a “Vessel?”
    Early this year, the United States Supreme Court decided a case that could have had far-reaching effects on local land use regulations affecting floating homes.  However, the Court’s opinion in this case, Lozman v. City of Riviera…
  • Feb 28

    Getting the Lead Out

    Getting the Lead Out
    As originally published in the Daily Journal of Commerce Lead’s adverse effects on people, particularly young children, have been reasonably well understood for decades. Children afflicted by lead poisoning can suffer permanent brain…
Rank this Week: 3175

First Amendment Lawyer Blog

First Amendment Lawyer Blog

Covers the First Amendment and public records. By Karl Olson.

http://www.firstamendmentlawyerblog.com/
  • Jun 30

    Court Strikes Down Law Banning Lies About Medal

    Court Strikes Down Law Banning Lies About Medal
    The Supreme Court's ruling upholding President Obama's Affordable Card Act wasn't the only split decision it handed down on June 28.
  • Jan 4

    Final Shot Fired in California Pension Transparency Battle?

    Final Shot Fired in California Pension Transparency Battle?
    A Los Angeles judge has issued what may be the last ruling in a years-long battle for pension transparency in California. Superior Court Judge James Chalfant held on November 15 that the Los Angeles Times is entitled to know not just…
  • Dec 27

    "Stolen Valor" Case Poses Free Speech Test

    "Stolen Valor" Case Poses Free Speech Test
    The U. S. Supreme Court will soon hear a case which could do major damage to First Amendment free speech protections. The case, U. S. v. Alvarez, involves the "Stolen Valor Act," a 2005 law which makes it a crime to lie about having…
Rank this Week: 3255

Meeting the Sin Laws

Meeting the Sin Laws

Covers laws affecting adult entertainment, alcoholic beverages and other

http://www.meetingthesinlaws.com
  • Mar 6

    Michigan man files lawsuit over high price of movie popcorn

    Michigan man files lawsuit over high price of movie popcorn
    That’s the title of this article, which appeared in yesterday’s Los Angeles Times (online). Potential Client: So anyway, after adding the hot butter (and up-sizing to an extra-large fountain soda), the bill was, like, huge!  Lawyer:…
  • Feb 22

    Davenport strip club to remain open

    Davenport strip club to remain open
    The Iowa appellate courts continue to impress me (for one). Radio Iowa reports here that the Iowa Court of Appeals‘ decision will stand:
  • Oct 26

    Is the consumption of liquor both a moral obligation and a sacred right?

    Is the consumption of liquor both a moral obligation and a sacred right?
    I doubt it. But don’t tell that to a group known as “Ethereal Enigmatic Euphoric Movement towards Civilized Hedonism, LTD.” That group sued the State of Idaho in federal court:
Rank this Week: 3437

Constitutional & Legal Education…

Constitutional & Legal Education News

Covers constitutional and legal issues in a non-lawyerly way. By David J. Shestokas.

http://www.shestokas.com/
  • May 4

    The BP Oil Spill Court Approved Settlement Proce

    The BP Oil Spill Court Approved Settlement Proce
    On April 20, 2010, a blowout, explosion, and fire occurred aboard the Deepwater Horizon, an offshore drilling rig, engaged in drilling activities on the “Macondo Well” off the coast of Louisiana. These events led to eleven…
  • Apr 21

    Boston Marathon Bomber, Miranda Warnings and the Public Safety Exception

    Boston Marathon Bomber, Miranda Warnings and the Public Safety Exception
    Law enforcement’s goal of taking Boston Marathon Bombing Suspect #2, [1] Dzhokhar Tsarnaev, alive was commendably achieved.  A principle reason for this goal was to question Tsarnaev about further potential dangers to the…
  • Apr 20

    American Federalism: Source, Purpose and Establishment Part II

    American Federalism: Source, Purpose and Establishment Part II
    Beginning with The Fundamental Orders of Connecticut in 1639,[1] Americans grew increasingly accustomed to local self-government.  They also learned the freedom and liberty that came along with a benign distant central government…
Rank this Week: 3969

Internet Defamation Law Blog

Internet Defamation Law Blog

Covers the law of Internet Defamation. By Nissenbaum Law Group.

http://www.internetdefamationlawblog.com/
  • Apr 23

    May a Website That Provides a Link to an Article be Liable for Defamation Based on the Article’s Content?

    May a Website That Provides a Link to an Article be Liable for Defamation Based on the Article’s Content?
    Can you hyperlink yourself into a lawsuit? Do you need to fact check every article you reference in an Internet posting? In In re Philadelphia Newspapers v. Vahan H. Gureghian. 11-3257, 2012 WL 3038578 (3d Cir. July 26, 2012), the...
  • Mar 8

    Todays post

    Todays post
    In that case, Defendant appealed the Law Division’s decision to grant the attorney fee award to Plaintiff. The award was granted after Defendant repeatedly failed to comply with deadlines set in numerous motions enforcing a prior settlement…
  • Mar 8

    GDNLAW POST 2013

    GDNLAW POST 2013
    Teating
Rank this Week: 5046

Charter Cases

Charter Cases

Covers court decisions involving Canada’s Charter of Rights and Freedoms.

http://www.chartercases.com/
  • Apr 4

    R. v. Mailhot, 2013 SCC 17

    R. v. Mailhot, 2013 SCC 17
    In a brief but meaningful decision rendered March 28, 2013, the Supreme Court of Canada insisted on a new trial for Jean Philippe Mailhot, an accused individual whose right to a fair trial had been compromised by comments of the trial judge…
  • Apr 4

    R. v. TELUS Communications Co., 2013 SCC 16

    R. v. TELUS Communications Co., 2013 SCC 16
    The telecommunications carrier, Telus, kept a backup of all text messages sent over its wireless network, potentially allowing customers to recover messages which had been accidentally deleted. Police had obtained a general warrant to access…
  • Apr 4

    Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11

    Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11
    The Whatcott case was brought to the Supreme Court of Canada on appeal from the Saskatchewan Court of Appeal, which had found that a number of pamphlets critical of homosexual behaviour did not meet the test for “hate speech”…
Rank this Week: 5087

California Appellate Law Blog

California Appellate Law Blog

News and insight about appellate law. Published by Archer Norris, a professional law corporation.

http://www.caappellatelaw.com/
  • Mar 8

    Whew!

    Whew!
    The California Supreme Court recently decided that so long as its notice of appeal is timely filed, a suspended corporation can still pursue the appeal if it later revives its corporate powers.  The case, Bourhis v.…
  • Feb 5

    Fee Awards in Contract Action

    Fee Awards in Contract Action
    The California Supreme Court is reviewing the following question: "Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code section 1717 as the prevailing…
  • Jan 3

    Wink, Wink

    Wink, Wink
    Have you handled an appeal (or for that matter a trial!), against a self-represented (non-lawyer) party?  Among appellate circles, this conjures images of briefs violating the Rules of Court and appellate procedure--such as…
Rank this Week: 5262

Susan Crawford Blog

Susan Crawford Blog

By Cardozo Law School professor Susan Crawford.

http://scrawford.net/blog/
Rank this Week: 4229

Canadian Constitutional Law

Canadian Constitutional Law

Covers constitutional law changes and developments in Canada. By FMC Law.

http://www.canadianconstitutionallaw.com/
Rank this Week: 3791

Legal Dispatches

Legal Dispatches

By Emiily Maruja Bass.

http://basslaw.wordpress.com/
  • Jun 27

    The Justices Are Not Writing On A Blank Slate

    The Justices Are Not Writing On A Blank Slate
    When legal scholars consider instances over the past 25 years in which the Supreme Court has struck down federal legislation as unconstitutional, two cases come up most frequently: United States v Lopez, 514 U.S. 549 (1995), and United States…
  • May 30

    Health Care Reform: Has The Supreme Court Already Embraced The Individual Mandate?

    Health Care Reform: Has The Supreme Court Already Embraced The Individual Mandate?
    Is President Obama’s health-care law dead? Ever since the United States Supreme Court heard arguments about its constitutionality in late March, speculation has been rife that, at a minimum, the Justices will strike down the individual…
  • Mar 30

    Tenenbaum: An Alternative View

    Tenenbaum: An Alternative View
    Many excellent commentaries have been written on SONY BMG Music Entertainment et al. v. Tenenbaum, 721 F. Supp. 2d 85 (D.Mass. 2010)(the “Tenenbaum case”).  E.g.,  Andrew Berger’s at http://urly.it/12jr.  Most conclude that the…
Rank this Week: 5251

Equal Vote: Election Law @ Mortiz

Equal Vote: Election Law @ Mortiz

Covers election reform, the Voting Rights Act, the Help America Vote Act, and related topics. Special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities. Publsihed by Dan Tokaji at Moritz Colle

http://moritzlaw.osu.edu/blogs/tokaji/
  • Dec 18

    The Wrong Approach to Election Reform

    The Wrong Approach to Election Reform
    The Ohio legislature yesterday approved a bill (SB 380) that would eliminate the window for early registration and absentee voting, among other things.
  • Nov 7

    Reforming Registration

    Reforming Registration
    On Monday, I identified four problem areas to watch out for on Election Day: 1) lines at the polls, 2) voting equipment, 3) voter registration lists, and 4) provisional and absentee ballots. While machine breakdowns and polling place lines…
  • Nov 4

    What We Don't Know

    What We Don't Know
    We now know that Barack Obama will be the 44th President of the United States of America. In the enormity of this moment in American history, the gritty details of election administration, upon which my Moritz colleagues and I spend so much…
Rank this Week: 5240