Constitutional Law

Prominent Fla. Lawyer Faces Bar Case in Settlement ‘Scheme to Defraud’

A proposed class action settlement characterized by a state appeals court as “a scheme to defraud” has put a prominent Miami lawyer in hot water with the Florida Bar, along with his opposing counsel in the case. In a disciplinary filing, the lawyer regulatory agency contends that founding partner Hank…

Jul 13, 2009 7:18 PM CDT

Would-Be Law Student Disappeared After 1938 Supreme Court Win

Lloyd Gaines achieved an important victory in 1938 when the U.S. Supreme Court ruled the black man had to be admitted to the University of Missouri School of Law if he couldn’t get a comparable education elsewhere in the state. But Gaines never became a law student, the New York…

Jul 13, 2009 4:39 PM CDT

Catholic Law School Claims Profs Are Ministerial Employees

The Ave Maria School of Law claims in court papers that three former professors suing the school were ministerial employees, making the Catholic institution exempt from their legal claims. The school contends it is protected from suit by the professors under the First Amendment’s establishment and free exercise clauses, the…

Jul 10, 2009 3:59 PM CDT

Ex-Cravath ‘Lolita’ Lawyer Weighs Another Suit, Targets Monitoring

The former mergers and acquisitions lawyer with Cravath, Swaine & Moore accused of paying a woman to have sex with her teenage daughters is weighing yet another lawsuit. James Colliton, who pleaded guilty to statutory rape and sentenced to time served, now lives in a motel on Route 9 in…

Jul 10, 2009 2:05 PM CDT

Nev. High Court Allows ‘Hoe’ License Plate, Despite DMV’s Misgivings

The Nevada Supreme Court says a Las Vegas man should be able to get the word “hoe” on his license plate, despite an Urban Dictionary definition that says it is slang for “whore.” Plaintiff William Junge obtained the Hoe plate in 1999 for his Chevy Tahoe after he was told…

Jul 9, 2009 1:33 PM CDT

Mass. AG Files Suit Challenging Defense of Marriage Act

Massachusetts Attorney General Martha Coakley today filed a federal lawsuit challenging the constitutionality of the Defense of Marriage Act. The Boston Globe reports that the U.S. Department of Health and Human Services, the U.S. Department of Veterans Affairs and the United States itself were named in the lawsuit. The lawsuit…

Jul 8, 2009 7:09 PM CDT

Fan Kicked Out of Ballgame for Timing of Bathroom Break Gets $10K

New York City, without admitting liability, will pay a $10,000 settlement to a fan who was ejected from a New York Yankees game in August after attempting to leave his seat during the playing of “God Bless America.” In April, the Yankees, the New York City police department—which the team…

Jul 8, 2009 5:01 PM CDT

Harvard Prof Counsel in RIAA Case Ordered to Show Cause

A judge told Harvard University law professor Charles Nesson that he has until Thursday to explain why he should not be sanctioned for his “blatant disregard” of her court orders. Nesson is representing Joel Tenenbaum pro bono in the second file-sharing lawsuit brought by the Recording Industry Association of America.…

Jul 7, 2009 10:14 PM CDT

Fla. Supremes Rule Gov. Must Pick Judge from All-White Panel

The Florida Supreme Court ruled last week that Gov. Charlie Crist had no consitutional authority to refuse to seat a new judge because he only had white nominees to choose from. Robert J. Pleus retired from the state’s Fifth District Court of appeal in September. Crist was given a list…

Jul 7, 2009 5:40 PM CDT

RIAA Wants Harvard Prof to Take Case Recordings Off the Web

The Recording Industry Association of America says that Harvard Law Professor Charles Nesson is violating court orders and privacy laws by posting recordings of pretrial hearings and depositions to his blog and to the Berkman Center for Internet and Society website. Wired’s Threat Level blog provides links to examples of…

Jul 6, 2009 8:25 PM CDT

Counsel for Accused Lawyer Must Be Given Control of Claimed Child Porn

Defense counsel for an attorney and former New Jersey lawmaker accused in a child pornography case must be given access to the images allegedly found on Neil Cohen’s computers, a state appeals court has ruled. Prosecutors had argued that Cohen’s defense team should only be allowed to view the evidence…

Jul 2, 2009 8:52 PM CDT

First Amendment Footloose

There are many ways to celebrate Thomas Jefferson’s April 13 birthday: a visit to the nation’s capital; a reading of the Declaration of Independence; cupcakes, perhaps.

Jul 2, 2009 3:40 AM CDT

No More Pencils, No More Facebooks

Schools and students battle over out-of-class Internet files

Jul 2, 2009 2:30 AM CDT

Sotomayor’s Nomination: Today’s News

ABAJournal.com: “Was Sotomayor Reversed, or Did the Supreme Court Change Course?” Associated Press: “Legal group sending Sotomayor documents to Senate” Des Moines Register: “Grassley to Sotomayor: Expect New Haven case questions” The Hill’s Congress Blog: “Supreme Court reversal of Sotomayor raises more questions than it answers (Sen. John Cornyn)” Wall…

Jul 1, 2009 12:07 AM CDT

Fearless Media Lawyer Mellows in HBO Documentary Filmed by Daughter

A documentary that highlights milestones in First Amendment history during the past century premieres tonight on HBO. Directed and produced by Liz Garbus, the movie, Shouting Fire: Stories from the Edge of Free Speech, also offers an unusually intimate view of her father, attorney Martin Garbus of Eaton & Van…

Jun 29, 2009 10:09 PM CDT