Constitutional Law

Boy, 9, is Too Young for Shotgun, Rules Wash. Judge

A judge in eastern Washington state has sided with the divorcing mother of a 9-year-old boy who is contending in court that he is too young to be given access to a shotgun by his father. Although he had earlier given his son access to the gun without incident, Sean…

Apr 14, 2009 9:22 PM CDT

Judge OKs Married Biological Mom’s Petition to Adopt Her Own Child

In the convoluted world of high-tech human fertility technology and changing marriage standards, it had to happen sooner or later. In what may be an unprecedented case anywhere, the married mother of a 1-year-old boy has been given permission by a New York surrogate court judge to adopt her own…

Apr 13, 2009 11:59 PM CDT

George Will Urges Supreme Court to Consider Gambling Takings Case

Columnist George Will is urging the U.S. Supreme Court to restore some bite to the takings clause by accepting an Illinois case on the transfer of money from riverboat casinos to horse-racing tracks. The levy by the Illinois legislature will take more than $100 million from the state’s four most…

Apr 13, 2009 3:15 PM CDT

Ginsburg Doesn’t Understand ‘Brouhaha’ About Foreign Law References

Justice Ruth Bader Ginsburg says she is baffled by the controversy surrounding some justices’ reference to foreign law in their U.S. Supreme Court decisions. “I frankly don’t understand all the brouhaha lately from Congress and even from some of my colleagues about referring to foreign law,” Ginsburg said. She spoke…

Apr 13, 2009 11:23 AM CDT

John Yoo’s Constitutional Arguments are Worth a Hearing, Law Dean Says

It has become almost a truism, to a significant portion of the legal community, that former U.S. Department of Justice attorney John Yoo was way off target when he authored legal memos supporting interrogation methods some consider tantamount to torture. But the dean of the law school at which Yoo…

Apr 11, 2009 12:36 AM CDT

Dying Fla. State Law Prof Teaches Students How to Live

Although Steven Gey is in the final stages of Lou Gehrig’s disease, he is still teaching students in the third year of a terminal illness that his doctors expect to end his life soon. And the lessons they are learning from the famous Florida State University constitutional law expert are…

Apr 10, 2009 10:29 PM CDT

Supreme Court to Consider Firefighters’ Reverse Bias Claims

The U.S. Supreme Court will consider later this month when the government can use race as a factor in its hiring and promotion decisions. The reverse discrimination suit, Ricci v. DeStefano, was filed by white firefighters in New Haven, Conn., who passed a promotional exam, only to have the results…

Apr 10, 2009 12:33 PM CDT

Fla. City Manager Fired Over Sex Change Gets New Job—and a Pay Raise

A little over two years ago, when it became public that a longtime city manager in Largo, Fla., planned to undergo a sex change, he was immediately fired from his $140,000-a-year job. A number of people supported ousting him, but others said the incident could be a wake-up call for…

Apr 9, 2009 10:22 PM CDT

Harvard Prof Defends Controversial Tactics in Music Downloading Case

Harvard Law School professor Charles R. Nesson, infamous for his eccentric antics in the courtroom and the classroom, continues to draw criticism for his unconventional defense of a Boston University graduate student accused of illegally downloading music. In recent weeks, Nesson, whose client, Joel Tenenbaum, is accused of illegally downloading…

Apr 9, 2009 7:26 PM CDT

3rd Circuit: Muslim Cop Can’t Wear Headscarf on Duty

A three-judge panel ruled unanimously Tuesday that Philadelphia’s interest in “religious neutrality” in its police force overrode the bid of Officer Kimberlie Webb, a Muslim, to wear her headscarf while on the job, the Legal Intelligencer reported. In the opinion (PDF), Chief U.S. Circuit Judge Anthony J. Scirica agreed with…

Apr 8, 2009 8:39 PM CDT

Lawyer’s Suit Claims Reverse Bias Over ‘Ghetto Court’ Demotion

A suit filed by Detroit’s former top lawyer claims the city illegally demoted her for making a “ghetto court” remark that would have been overlooked if she were black. Former corporation counsel Kathleen Leavey says her comments in a conference call with a judge’s aide were misinterpreted, the Associated Press…

Apr 8, 2009 11:04 AM CDT

Special Prosecutor to Investigate Government Lawyers in Sen. Stevens Case

As requested by the government, a federal judge today reversed the corruption conviction of former Sen. Ted Stevens and dismissed the case against him with prejudice. But the case is far from over. U.S. District Judge Emmet Sullivan is appointing a special prosecutor to pursue a criminal contempt probe against…

Apr 7, 2009 4:52 PM CDT

Can’t Pay Court Costs? Jail Is Alternative, in Florida & Other States

Most people may think of debtors’ prisons as a relic of history. But they arguably still exist in this country, where judges in criminal cases routinely employ a strong-arm collection tactic concerning court-imposed fees that isn’t available to the most aggressive civil creditor: They put people in jail. As courts…

Apr 6, 2009 11:15 PM CDT

Why Iowa Decision Allowing Gay Marriages Will Be Hard to Overturn

A decision by the Iowa Supreme Court last week striking down the state’s ban on same-sex marriages will be more difficult to overturn by voters than a similar court decision in California. The Iowa decision held gays’ right to marry was protected by the equal protection clause of the state…

Apr 6, 2009 11:48 AM CDT

Stevens Debacle Shows More Oversight of Prosecutors is Needed, Experts Say

In the aftermath of a stunning reversal of fortune for once-victorious federal prosecutors in the political corruption case against former Sen. Ted Stevens, experts—and, it appears, the U.S. attorney general—are calling for increased attention to the issue of government misconduct in other cases. The Alaska Republican’s initial conviction, based on…

Apr 4, 2009 12:44 AM CDT