Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

Having lost in their attempt to obtain a referendum (see prior posting), opponents of Washington, D.C.'s new law recognizing same-sex marriages performed elsewhere filed an initiative petition in September. The Marriage Initiative would provide that only a marriage between a man and a woman would be recognized in D.C. In an order issued on Tuesday, In Re: Marriage Initiative of 2009, (DC Bd. Elec. & Ethics, Nov. 17, 2009), the D.C. Board of Elections and Ethics ruled that because the... Posted on November 18, 2009 at 11:25 pm by Howard Friedman

Two groups, Faith and Action and the Christian Defense Coalition , plan this morning to temporarily display a live Nativity Scene on the public sidewalk in front of the U.S. Supreme Court. Christian Newswire reports that the display is part of Operation Nativity and the Nativity Project which promote manager scenes on both public and private property. Posted on November 18, 2009 at 11:20 pm by Howard Friedman

In Malaysia, Islamic authorities have charged a popular progressive Muslim preacher with conducting a religious lecture in the state of Selangor without authorization from the state's Islamic department. AP reported yesterday that Asri Zainul Abidin plead not guilty in a Sharia court. He charges selective prosecution. Abidin has criticized the country's Islamic authorities' increasingly hard line bans on behavior seen as immoral, and has said that Malaysia's senior clerics should not be... Posted on November 18, 2009 at 11:15 pm by Howard Friedman

Years ago Tom Kirkendall had an insight that no one had before - or since, it seems - about Warren Buffett. Called "The Buffett Rule," Kirkendall explained the media's reporting of Buffett thusly: "A folksy and media savvy businessman involved in complicated structured finance transactions is given a pass [when others go to jail and receive negative press for the same conduct]." &#xc2&#xa7&#xc2&#xa7&#xc2&#xa7 The Buffett Rule is in full effect today. A story getting major attention reads: "Goldman Sachs, Buffett to... Posted on November 17, 2009 at 05:30 pm by Mike

I begin every legal research issue the same way - with Google. Using Google just got better: As many of us recall from our civics lessons in school, the United States is a common law country. That means when judges issue opinions in legal cases, they often establish precedents that will guide the rulings of other judges in similar cases and jurisdictions. Over time, these legal opinions build, refine and clarify the laws that govern our land. For average citizens, however, it can be difficult... Posted on November 17, 2009 at 03:05 pm by Mike

In like a lion, out like a lamb: In a court filing on Monday, federal prosecutors revealed that Aleynikov's attorney plans to seek a resolution of the case that could culminate in either a deferred prosecution agreement, or a plea to a reduced charge of a misdemeanor. Prosecutors say they intend to "evaluate'' the request for a deferred prosecution. In light of the anticipated request from Aleynikov's lawyer, Assistant US Attorney Joseph Facciponti asked a U.S. magistrate judge to extend the... Posted on November 16, 2009 at 06:29 pm by Mike

SCOTUSBlog petitions to watch 11-24-09 conference A potential exclusionary rule case, dressed in RS's clothing: Docket: 09-102 Title: Virginia v. Rudolph Issue: Did the Supreme Court of Virginia properly find, on the facts of this case, that an investigative stop was unjustified under the Fourth Amendment? Opinion below (Virginia Supreme Court) Petition for certiorari Brief in opposition Petitioner's reply Amicus Brief of the Virginia Assoc. of Commonwealth's Attorneys, et al. From the state... Posted on November 19, 2009 at 05:22 pm

The smell of a meth lab coming from a house justified an emergency entry into the home to look for people who could have been overcome from the fumes. A gas company worker was investigating reports of smells in the neighborhood. State v. Deneui, 2009 SD 99, 2009 S.D. LEXIS 175 (November 10, 2009): In a case of first impression, we are confronted with the question whether the community caretaker doctrine, which we previously applied to an automobile search, should also be applied to a home... Posted on November 17, 2009 at 10:16 pm

D.C.Cir. has a GPS surveillance case pending, argued today See D.C. Circuit Examines Warrantless GPS Surveillance on Blog of the Legal Times discussing the oral argument. Posted on November 17, 2009 at 02:20 pm

The Supreme Court held that an association-in-fact enterprise under RICO, 18 U.S.C. &#xc2&#xa7 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 beyond that inherent in the pattern of racketeering activity in which it engages." The "structure" contemplated by the RICO statute has three features: a purpose, relationships among the associates, and longevity sufficient to permit the associates to pursue... Posted on June 8, 2009 at 08:19 am by Paul M. Rashkind

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 subsequently-decided decision in Atkins v. Virginia, the defendant is ineligible for the death penalty because he is mentally retarded. Posted on June 1, 2009 at 08:17 am by Paul M. Rashkind

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 waiver of the right to counsel was invalid once counsel was appointed at arraignment, and did not require the defendant to invoke the right to counsel. The Court explained that the protections of Miranda, Edwards and Minnick v. Mississippi, sufficed to protect... Posted on May 26, 2009 at 08:13 am by Paul M. Rashkind

Chicago Joe's continues to give the Village of Broadview - and its Board of Trustees - all it can handle. The self-proclaimed "Tea Room" applied for a special use permit to offer adult entertainment. Denied. A federal suit followed, alleging, among other things, that the zoning code violated the First Amendment. In the latest round, Judge Gottschall held that the trustees were not entitled to legislative immunity. But she didn't stop there. The judge went on to hold that the trustees weren't... Posted on November 17, 2009 at 06:48 pm by Cary Wiggins

Life in prison is a severe punishment that should be reserved for society's most serious criminal offenders. Some people even believe that rotting in prison for life is more torturous and inhumane than a quick and instantaneous death. Be that as it may, Bradshaw's failure to register as a sex offender, when his underlying crime only landed him in jail for five years, is not the kind of crime a civilized society ought to require him to pay for with his life. That is Justice Sears' concurrence in... Posted on November 16, 2009 at 10:14 am by Cary Wiggins

A superb opinion from the Seventh Circuit Court of Appeals just came down. It begins, "Indianapolis revised its adult business ordinances in 2003. These amendments expanded the definition of 'adult entertainment business' to include any retail outlet that devotes 25% of more of its space or inventory to, or obtains at least 25% of its revenue from, adult books, magazines, films, and devices. (Adult 'devices' include vibrators, dildos, and body-piercing implements.) See Indianapolis Rev. Code... Posted on September 3, 2009 at 06:39 pm by Cary Wiggins

A commenter writes: I've never liked the cyclic reasoning of the paradigm that if an otherwise incorrect use of grammar or spelling becomes widespread, it is declared to be henceforth correct. If you want to use "they" in this context, then rephrase it as "I would like to thank the editors at Attorney.org for their kind words..." or "to thank the members of Attorney.org..." Otherwise Attorney.org is a singular noun. The key to this argument, I think, is the notion that we can identify certain... Posted on November 18, 2009 at 03:43 pm by Eugene Volokh

The case is Roxbury Entertainment v. Penthouse Media Group, Inc. (C.D. Cal. Nov. 9): It is well established that films are entitled to First Amendment protections. ... [A] Lanham Act [false or misleading designation of origin] claim asserted against the creator of an expressive work can succeed only if the "public interest in avoiding consumer confusion outweighs the public interest in free expression." The [applicable Rogers v. Grimaldi] test has two prongs. The first prong requires that the... Posted on November 18, 2009 at 03:14 pm by Eugene Volokh

alleged here seems to us to move [plaintiff's] allegations into the realm of claims 'flimsier than 'doubtful or questionable ' - ... 'essentially fictitious," not realistically distinguishable from allegations of 'little green men' of the sort that Justice Souter recognized in Iqbal as properly dismissed on the pleadings." From Tooley v. Napolitano, decided yesterday by the D.C. Circuit. Copyright &#xc2&#xa9 2009 This feed is for personal, non-commercial use only. The use of this feed on other websites... Posted on November 18, 2009 at 03:01 pm by Eugene Volokh

Oral argument from Wednesday, December 5, 2007 Posted on December 7, 2007 at 06:00 am

Oral argument from Monday, November 27, 2006 Posted on October 25, 2007 at 11:32 pm

Oral argument from Wednesday, February 28, 2007 Posted on October 25, 2007 at 11:32 pm

The Supreme Court's 1963 decision, Gideon v. Wainwright, guaranteed that criminal defendants unable to afford their own lawyer would have one appointed at the public's expense. Should there be a corollary right in certain types of civil cases that involve basic human needs, such as when a person faces eviction from a home or the loss of parental rights? California recently made history by enacting a pilot program to appoint lawyers in certain civil cases and other pilot programs are underway... Posted on November 18, 2009 at 12:07 am by Robert Ambrogi

From the Standard-Times: The Standard-Times has asked the Plymouth County district attorney to investigate the Board of Selectmen's heavy use of executive sessions in the hiring of a new town administrator. In response, Assistant District Attorney Mary Lee on Wednesday sent a letter to the town's legal counsel, asking for explanations and for minutes of all meetings involved with the search, both public and private. Read more. Posted on November 11, 2009 at 01:07 pm by Robert Ambrogi

The Massachusetts Bar Foundation is celebrating its 45th anniversary this year. I am honored to serve as a trustee of this important charitable organization, which is dedicated to ensuring equal access to justice and to enhancing the administration of justice and understanding of the law. I urge companies, law firms, lawyers and other members of the legal community to support this 45th anniversary. Here are four ways you can do that: Become an anniversary sponsor. Anniversary activities will... Posted on November 11, 2009 at 01:59 am by Robert Ambrogi

The Oyez Project has released audio from oral arguments for each of the cases from the last term. Tags: Oral Arguments Related posts Time to Update the Resume (April 29, 2009) The Weeks Ahead (April 12, 2009) Supreme Court will reargue Citizens United (June 29, 2009) Posted on October 9, 2009 at 09:20 am by Kedar

The Court sat for its traditional "class photo" yesterday, to the apparent amusement of less than half the members of the current Court. You can also find a video taken at the loosely termed "photo shoot" here. I should note that the Court released a few different photos from the shoot and in all of them, Justice Alito looks determined to avoid having his soul captured by the liberal photograph-making devices being pointed at him. Supreme Court class photos have a tradition of capturing bizarre... Posted on September 30, 2009 at 10:03 pm by Kedar

The Supreme Court released its orders list from its long-conference yesterday and among the 12 cases granted is a potentially landmark ruling on the Second Amendment. The Court granted review in McDonald v. City of Chicago, a case decided by the Seventh Circuit in early-June. SCOTUSblog has a collection of cert. stage briefs that you can access here and David Kopel has an intersting collection of background reading available on Volokh Conspiracy here. Notably, well-regarded conservative judges... Posted on September 30, 2009 at 11:49 am by Kedar

Are you angry yet? You should be. As you've probably heard by now, on November 7, the House passed its health care reform bill. The problem? It also passed an onerous amendment sponsored by Reps. Bart Stupak (D-Mich.) and Joe Pitts (R-Pa.) that prohibits anyone who participates in the health insurance Exchange and receives federal subsidies from purchasing a plan that covers abortion except in the case of rape or incest or to save the woman's life. Posted on November 17, 2009 at 03:22 pm by suzanne_ito

This coming Friday marks the 20th anniversary of the Convention on the Rights of the Child, the most comprehensive treaty on children's rights. The convention has been ratified by nearly every country in the world, except for the United States. The convention would fill current gaps in U.S. laws, and provide all children in America with the same robust protections that children in 193 countries are already entitled to. Posted on November 17, 2009 at 02:40 pm by suzanne_ito

Earlier this afternoon, the Senate voted to table (a fancy word for defeating) an amendment that was proposed by Sen. James Inhofe (R-Okla.) to the military construction appropriations bill. The Inhofe Amendment would have prohibited the Department of Defense from using any funds under the bill to modify or construct any facilities in the U.S. Posted on November 17, 2009 at 02:28 pm by suzanne_ito

/**/ Probamos con el aumento de las penas del C&#xc3&#xb3digo de fondo con las reformas Blumberg, no funcion&#xc3&#xb3. Probamos con marchas y contramarchas en el C&#xc3&#xb3digo Procesal Bonaerense: no funcion&#xc3&#xb3. Justo cuando est&#xc3&#xa1bamos a punto de darnos cuenta de que las reformas legales no son elementos id&#xc3&#xb3neos para solucionar el problema de la inseguridad, alguien se dio cuenta de que hab&#xc3&#xada otro C&#xc3&#xb3digo m&#xc3&#xa1s, que no hab&#xc3&#xadamos tocado. As&#xc3&#xad que la soluci&#xc3&#xb3n pol&#xc3&#xadtica es ahora crear nuevos &#xc3&#xb3rganos para que hagan... Posted on November 17, 2009 at 03:11 am by Gustavo Arballo

Matrimonio entre personas del mismo sexo. Un proyecto que sigue circulando bajo el radar, de resultado incierto, al cual le damos nuestro absoluto endorsement. Hubo audiencias en Diputados: lo que se dijo se puede ver ac&#xc3&#xa1, y ac&#xc3&#xa1. Nos remitimos a este post de Gargarella. Update. Cuando este post estaba en prensa, nos enteramos de este fallo del ContAdm porte&#xc3&#xb1o, robustamente argumentado, declarando la inconstitucionalidad del requisito de diversidad de sexo. En el nombre de rosa, est&#xc3&#xa1 la... Posted on November 12, 2009 at 03:05 am by Gustavo Arballo

Leemos: "Antes de que cantara Silvina [Escudero] se present&#xc3&#xb3 un tape con su sue&#xc3&#xb1o: construir sanitarios y un aljibe para que la escuela Media Luna de la localidad de Miraflores cuente con agua. Agua que consiguen recorriendo largas distancias hasta un pozo donde tambi&#xc3&#xa9n beben los animales de la zona". Luego los chicos cantaron un tema de Alejandro Lerner, El poder de los sue&#xc3&#xb1os. "Despu&#xc3&#xa9s de saludarlos Tinelli cont&#xc3&#xb3 que el sue&#xc3&#xb1o ser&#xc3&#xada cumplido independientemente de lo que logre en la... Posted on November 11, 2009 at 01:40 am by Gustavo Arballo

The U.S. District Court Judge presiding over the Bear Stearns Asset Management fraud case (U.S. v. Cioffi) has excluded from evidence an e-mail written by Matthew Tannin using his personal account because "the warrant did not, on its face, limit the items to be seized from Tannin's personal email account to emails containing evidence of the crimes charged in the indictment, or, indeed, any crime at all. It was, therefore, unconstitutionally broad under George." (United States v. George, 975... Posted on October 28, 2009 at 08:08 am by Culture of Truth

Magistrate judge orders judgment of $37,500 for 75 unsolicited marketing calls made to plaintiff's cell phone. LAWRENCE M. SCLAFANI v. I.C. System Posted on October 27, 2009 at 01:10 pm by Culture of Truth

Omaha, Neb. (AP) -- A federal judge has refused to approve a class-action settlement over contact information stolen from online brokerage TD Ameritrade Holding Corp. U.S. District Judge Vaughn Walker in San Francisco says the deal offers little significant benefit to the more than 6 million current and former customers affected. Posted on October 26, 2009 at 12:04 pm by Culture of Truth

Posted on October 20, 2009 at 04:52 pm

Posted on October 20, 2009 at 04:52 pm

Posted on October 16, 2009 at 02:17 pm by jgoldman

Harry Reid claims his bill will cost $849 billion. This is a lie. I don't know anything more about it, but I do know this is false. The falsehood could come in a variety of ways. The costs might be pushed onto other legislation. The costs might start coming after three years, so that, as with another bill, the first 10 year cost is under 1 trillion but the cost from year 3 to 13 is 1.5 trillion. Or it just might be based on false assumptions about Congress cutting back on health care costs in a... Posted on November 18, 2009 at 04:21 pm by Mike Rappaport

Can it possibly really be true that a merchant ship in pirate infested waters is safer unarmed than armed? To me this sounds like the maritime version of the canard that you are safer walking through a dangerous neighborhood without a gun than with a gun, because if you have a gun, well, you might make the bad guys mad or something. It's certainly true if you have a gun, you'd better know how to use one and be prepared to, but not having a gun just makes you a better victim, doesn't it? How can... Posted on November 18, 2009 at 11:02 am by Tom Smith

Arnold Kling: What is frustrating to me is that many people would agree that the Massachusetts health experiment failed, and yet that is the experiment that is being used as the model for the current bill. The original promise in Massachusetts was that by eliminating the "free-riding" of the uninsured and by setting up an efficient government insurance exchange, insurance costs would go down. Instead, insurance costs there soared. The current health care bill is viewed skeptically by every... Posted on November 18, 2009 at 10:50 am by Mike Rappaport

The National Association of Independent Fee Appraisers (NAIFA) has issued a response to the Home Valuation Code of Conduct (HVCC). The HVCC became effective for single-family mortgage loans (except government-insured loans) originated on or after May 1, 2009, and delivered to Fannie Mae and has been a source of controversy for appraisers and lending institutions. In its response, the NAIFA acknowledges a lot of the concerns about the HVCC that have been expressed by various segments of the... Posted on September 21, 2009 at 03:18 am

There can be no question that eminent domain remains a hot button issue. Regardless of your role in an eminent domain project, it is critical to always be mindful of this fact which was made evident by two recent articles. In one, George Will wrote an op-ed article regarding a Texas case in which an author was sued for defamation regarding her description of the use of eminent domain for a project for a Dallas developer. The author, Carla Main discussed that condemnation project in her book... Posted on September 17, 2009 at 03:44 am

The federal government and landowners have reached agreements for the purchase of 1,400 acres at the Flight 93 crash site in Somerset County, Pennsylvania. As a result, the government will not take those properties with its power of eminent domain. Interior Secretary Ken Salazar stated the property owners would be paid a total of $9.5 million. The potential use of eminent domain has been very controversial. Negotiations between the Park Service and the property owners lasted several years.... Posted on September 13, 2009 at 07:04 am

On April 17, 2009, the California Court of Appeal for the Fourth Appellate District, Division Three, issued its opinion in Century 21 Chamberlain & Associates v. Haberman, 09 C.D.O.S. 4609. Century 21 filed an action against Haberman and Pacific West Association of Realtors (PWAR), arising from the sale of Haberman's house. Century 21 asserted two causes of action: (1) account stated, arising from Haberman's failure to pay on a loan secured by a deed of trust; and (2) declaratory relief,... Posted on April 30, 2009 at 09:00 am

The Court of Appeal for the Second Appellate District, Division Seven, issued an interesting decision this week regarding the importance of insurance adjusters attending mandatory settlement conferences and other court-ordered alternative dispute resolution dates. Vidrio v. Hernandez 09 C.D.O.S. 4465 concerned a personal injury action by Vidrio against Hernandez (insured by Mercury) arising out of an automobile accident. The matter was mediated without resolution, and Hernandez's counsel... Posted on April 27, 2009 at 09:00 am

In a recent article in The National Law Journal (reprinted in The Recorder on April 20, 2009), Michael P. Shea discussed the merits of permitting appellate review of orders denying claims of attorney-client privilege as immediately appealable collateral orders. Mr. Shea makes a compelling case for this change, noting that certain federal courts already permit it; alternative remedies are ineffective (or worse); and no onslaught of appeals should result from a the change. Read more here. Posted on April 21, 2009 at 01:39 pm

How Robert Jackson balanced protection of the individual while securing the nation against foreign aggression during the period leading up to World War II was the subject of Professor John Barrett's discussion at the Ampitheater during the third day of 'Justice and Security Week' at Chautauqua Institution. John Barrett is a Professor of Law at St. John's University School of Law, New York. Professor Barrett edited 'That Man' the late Supreme Court Justice Robert Jackson's previously unknown... Posted on October 12, 2006 at 09:00 pm

A speech by Professor Henry Abraham, the Emeritus Woodrow Wilson Professor at the University of Virginia, concerning "Justices, Presidents and Senators." Professor Henry Abraham discussed the historical context and significance of Justice Jackson's career on the Supreme Court. In Professor Abraham's opinion, Justice Jackson's historical significance is a result of his writing as he brought life to major consitutional questions. In addition, Abraham discussed Justice Jackson's feud with fellow... Posted on October 12, 2006 at 09:00 pm

Chief Justice William Rehnquist spoke in Jamestown discussing his experiences with Robert H. Jackson and how Jackson's legacy continues to make an impression on governmental power and functions today. Chief Justice Rehnquist held the position of Supreme Court Justice and did so for more than three decades presiding over a diverse set of issues ranging from abortion to school prayer, the presidential impeachment in 1999 and the 2000 presidential election. Rehnquist served from 1952 to 1953 as... Posted on September 14, 2006 at 09:00 pm

Justice Roger Taney, a Supreme Court Justice, lived in Frederick, Maryland and practiced law there. Thus, it is not surprising that the town of Frederick would have a monument to Taney. It is also not surprising that not everyone would... Posted on November 18, 2009 at 07:43 am by constitutional lawblogger

On newstands today is the new issue of Latina, the magazine, with a cover portrait of Justice Sonia Sotomayor. Portions of the accompanying article, written by Sandra Guzman, a former Editor-in-Chief of Latina, are available on the magazine's website here.... Posted on November 17, 2009 at 12:34 pm by constitutional lawblogger

Google's newest enhancement has the potential to change the way we research constitutional law. Here's an announcement from the "Official Google Blog" Starting today, we're enabling people everywhere to find and read full text legal opinions from U.S. federal and... Posted on November 17, 2009 at 09:45 am by constitutional lawblogger

The United States Supreme Court in Herring v. New York stated that a defendant has a right to make a closing argument. But in State v. McCausland, 2009-Ohio-5933, the Ohio Supreme Court ruled today that the trial court does not commit reversible error when no closing argument is made by a defendant who neither requests closing argument or objects when the trial court goes on to the next step in the proceeding instead of offering an opportunity for closing argument. If a defendant (or their... Posted on November 17, 2009 at 06:54 am by Robert Alan Brenner

Today the Ohio Supreme Court decided a case on sealing of criminal records. Here is the syllabus by the Court: "[w]hen an applicant with multiple convictions under one case number moves to seal his or her criminal record in that case pursuant to R.C. 2953.32 and one of those convictions is exempt from sealing pursuant to R.C. 2953.36, the trial court may not seal the remaining convictions." Read the Ohio Supreme Court's decision in State v. Futrall, 2009-Ohio-5590, by clicking here. Watch the... Posted on October 29, 2009 at 10:42 am by Robert Alan Brenner

Ohio's Second District Court of Appeals reversed convictions for rape and gross sexual abuse of a child under thirteen because of hearsay and confrontation clause problems. Most interesting was the Appellate Court's interpretation of what is included in "statements for purpose of medical diagnosis or treatment." The complainant, who did not testify at trial, received counseling from a school psychologist. The complainant first told the psychologist she had been raped, but later she told the... Posted on October 20, 2009 at 01:34 pm by Robert Alan Brenner

Pottawattamie County Case in Supreme Court: Argued November 4, 2009 The Supreme Court heard argument in Pottawattamie County v. McGhee, 129 S. Ct. 2002 (2009)(granting certiorari), on November 4, 2009. What follows is a description of the important section 1983 prosecutorial immunity issues raised. [Full disclosure: I consulted with defense counsel and my name appears on their [...] Posted on November 15, 2009 at 02:28 pm by snahmod

Background Affirmative action involving race is a hot button topic and there may consequently be some student reluctance to engage in meaningful discussion of the issues involved. So I begin class by pointing out the analytical distinction between constitutionality and wisdom. A statute, for example, may be constitutional but still unwise (or immoral). On the other [...] Posted on November 5, 2009 at 08:16 pm by snahmod

This post is intended primarily for those lawyers, law students and members of the public who are not very familiar with 42 U.S.C. section 1983. It is the first in an introductory series on section 1983 that I will occasionally post. History and Purposes At the outset, observe the very close connection between section 1983 and [...] Posted on October 29, 2009 at 12:01 pm by snahmod

Investors.com - Another Radical Judge. Interesting and troubling editorial about a candidate for the 7th Circuit Court of Appeals. Posted on November 12, 2009 at 07:18 am by Woodring Law

Supreme Court Justices debate, draw laughs at Tucson event | www.azstarnet.com &#xc2&#xae. Interesting brief article discussing Justices Scalia and Breyer's debate on how to interpret a constitution. Posted on October 27, 2009 at 01:20 pm by Woodring Law

One of the biggest economic concerns in Florida continues to be the decreased prices in the real property markets, both residential and more recently commercial. Any time this type of financial upheaval occurs, important legal cases will result, although sometime the maxim that difficult facts can result in bad law holds true. The classic example [...] Posted on October 16, 2009 at 08:29 am by Woodring Law

This post is authored by: Clayton Graham & Thomas Goeltz Landowners and developers in Washington state should be aware of a spate of recent legislation aimed at prolonging the life of active land development permits. Developers who request these extensions in a timely manner could effectively extend the life of their development approvals-including certain building permits, use permits, subdivision and other land use approvals-and may be able to save themselves the hassle and expense of... Posted on November 6, 2009 at 08:52 am

In a recent opinion linked here-Post v. Tacoma, the Washington Supreme Court struck down a number of building code violation penalties that the City of Tacoma had assessed against a property owner. The City assessed numerous fines against the owner (Post) based on the condition of a some of his properties in the City. The ordinance at issue permitted the assessment of daily fines for continuing building code violations, which is a common element of local code compliance provisions. The Court,... Posted on October 30, 2009 at 02:29 pm

If your Halloween festivities include building a haunted house, take care to comply with any local regulations that apply to the structures or your attraction could be shut down. Examples abound this time of year. Officials in Tonawanda, New York, have shut down one haunted house that had become a 15-year long tradition in its neighborhood. In an article on the structure, it is described as being "approximately 1200 square feet," and "built with over 300 2x4s [and] 400 feet of plastic." In Simi... Posted on October 21, 2009 at 12:20 pm

The New York State Court Appeals heard oral arguments today in Goldstein v. New York State Urban Development Corporation, the eminent domain controversy in which a handful of property owners have tenaciously battled New Jersey Nets owner Bruce Ratner's attempt to acquire their property to develop the Atlantic Yards. A centerpiece of the petitioners' argument was an attempt to convince the court that the term public use, as used in the New York State Constitution, should be limited to its... Posted on October 14, 2009 at 06:42 pm by Bill Ward

Goldstein v. New York State Urban Development Corporation will be argued tomorrow, October 14, 2009, at 2:00 p.m. in Albany, New York. This controverisal eminent domain case challenges the Atlantic Yards project in Brooklyn. The New York State Court of Appeals will webcast the arguments live. Daniel Goldstein is the lead plaintiff as well as the catalyst and co-founder of Develop Don't Destroy Brooklyn, the group that has been fighting developer Bruce Ratner's efforts to condemn their... Posted on October 13, 2009 at 05:53 pm by Bill Ward

The litigation over Beachfront North in Long Branch may be over, but eminent domain abuse will continue unless the New Jersey Legislature acts. A comprehensive review and amendments to the statutes governing eminent domain in New Jersey are needed, including the Eminent Domain Act of 1971, the Local Redevelopment and Housing Law and the Relocation Assistance Act and regulations. These laws form the statutory framework governing the acquisition of property by state agencies and local government.... Posted on September 24, 2009 at 09:13 am by Bill Ward

Commentary: We regularly receive inquiries relating to postings on consumer review websites. The usual issue concerns the fact that the business owner feels that the customer's posting is defamatory and should be removed. In such a case, there are a number of things that the "victim" business needs to keep in mind. First, for most of these websites, the publication of customer reviews, whether positive or negative, is the nature of their business. If they were to remove negative reviews, their... Posted on August 3, 2009 at 03:00 am by Nissenbaum Law Group

Proposed Legislation: Social Networking: Our attorneys previously co-authored an article entitled Wrongful Posting on the Internet: The Privacy You Save Could be Your Own. It discussed privacy and other legal issues related to online statements. The article discussed real-life predicaments such as the unfortunate story of a young Missouri girl who committed suicide after having allegedly been harassed on the MySpace social networking website. As the use of social networking websites has grown... Posted on July 30, 2009 at 07:30 am by Nissenbaum Law Group

Fair Report Privilege: New York Shiled Law: A New Jersey Appellate Court recently held that the identities of information sources utilized by the author in composing a biography of Donald Trump were protected from discovery by the New York Shield Law. In Trump v. O'Brien, the defendant Timothy O'Brien was the author of a book which claimed that several individuals having personal knowledge of Mr. Trump's finances had indicated that his net worth was somewhere in the neighborhood of $150 to $250... Posted on May 6, 2009 at 11:32 am by Nissenbaum Law Group

California is broke. There's plenty of blame to go around, but one of the prime culprits is a lack of transparency. If people don't know how public money is being spent, it's hard to ensure that public money is being spent wisely. One especially troublesome area is public employee pensions, especially for police and firefighters. Legislators who are wary of offending the powerful public safety lobbies, and voters deluged with glossy brochures of burning buildings and police in uniform, have... Posted on July 20, 2009 at 11:52 am by Karl Olson

Why is transparency and openness important? Think about Bernard Madoff. People invested millions in Madoff on the promise of 14 or 15 percent returns, even though they had no idea what he was investing in or how he was pulling it off. Likewise, poorly-regulated and opaque investment vehicles like securitized mortgages and auction-rate securities share a large part of the blame for the financial crisis gripping this country, and the world, over the past year. One of the more outrageous... Posted on April 18, 2009 at 06:20 pm by Karl Olson

This may be the year the long-debated and much-needed federal shield law passes. The so-called Free Flow of Information Act, HR 985, cleared the House Judiciary Committee March 25, and the committee's chairman, Rep. John Conyers, committed to "swift action" on the bill this year. Last year the federal shield law sailed through the House, 398-21, but stalled in the Senate at the end of the session in the face of opposition from the Bush Administration and its Justice Department. The shield law... Posted on April 6, 2009 at 06:34 pm by Karl Olson

The Ohio legislature yesterday approved a bill (SB 380) that would eliminate the window for early registration and absentee voting, among other things. Here's a snippet from my testimony in opposition to the bill last week, which draws upon the "Moneyball Approach to Election Reform" that I've advocated in the past: In considering election reform proposals, it is vital that legislative bodies take a careful, studied, and deliberative approach, one that collects and considers all the relevant... Posted on December 18, 2008 at 12:20 pm by Dan Tokaji

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 got the lion's share public attention on Election Day, a closer look reveals that voter registration was the election administration issue of 2008. Looking forward, it is imperative that policymakers consider changes to voter registration that would eliminate... Posted on November 7, 2008 at 09:43 am by Dan Tokaji

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 of our time, seem positively trivial. But when the morning comes and vote tallies are in from across the country, there will be evaluate how well the infrastructure of our democracy held up to the unprecedented demands placed upon it this election season.... Posted on November 5, 2008 at 12:50 am by Dan Tokaji

Alas, my friends, the time has come. After nearly two years of tumult (broken occasionally by brief periods of boredom), Bench Conference will end today with this post. It has been a fascinating experience, and I am truly grateful for the opportunity. As I mentioned in my very first post, when I was in college I corresponded briefly with Art Buchwald and told my mom that I would one day write for The Post. And I hope to do so again. In the meantime, I want to thank so many of you -- even you,... Posted on January 30, 2008 at 04:00 am

Jose Padilla, the once-upon-a-time-but-not-really "dirty bomb" suspect, was sentenced today in federal court in Miami to 17 years and four months for his role in a terror conspiracy that barely got off the ground. The sentence is shorter by far than the 30-years-to-life sentence recommended under the federal sentencing guidelines. Why the break for the guy introduced to us in 2002 as the face of terror? Easy: U.S. District Court Judge Marcia G. Cooke, a Bush appointee, was never convinced that... Posted on January 22, 2008 at 10:00 am

Former Justice Department official John Yoo, author of our nation's most ill-conceived and damaging terror-law policies, wants your sympathy. He's being sued in civil court by former "dirty bomb" suspect Jose Padilla, who alleges that Yoo was behind his designation as an "enemy combatant" and the torture he endured while in military custody. The suit, Yoo wrote Wednesday in a touchy-feely op-ed in the Philadelphia Inquirer, is an example of how terrorists use law to wage war on Americans. "They... Posted on January 18, 2008 at 11:52 am