Constitutional Law

Sentenced to Life for Rape at 13, Man Now Seeks Chance for Parole

In the entire world, only eight people reportedly are serving life terms for rape that were imposed for crimes committed when the defendant was 13 years old. All are in the United States. One is Joe Sullivan, now 33, whose lawyers are asking the U.S. Supreme Court to hear their…

Feb 2, 2009 9:59 PM CST

High Court Conservatives More to the Right than Those Before Them, Study Says

The U.S .Supreme Court’s conservatives are more decidedly to the right than the liberals are to the left, a recent study has found. Four out of five of the Supreme Court’s most conservative justices since the New Deal are currently on the Supreme Court, according to the study done last…

Feb 2, 2009 3:18 PM CST

Herring Decision Suggests Exclusionary Rule Could be at Risk

A U.S. Supreme Court decision earlier this month limiting the exclusionary rule could signal its eventual demise. The decision in Herring v. United States allowed the admission of evidence that is obtained as a result of a negligent police error. The opinion was a significant step and “suggested that the…

Feb 2, 2009 2:35 PM CST

Caperton’s Coal

The battle over an Appalachian mine exposes a nasty vein in bench politics

Feb 2, 2009 4:20 AM CST

A Torturous Process

Tort suits prove inadequate to challenge anti-terror policies

Feb 2, 2009 2:29 AM CST

Exuberant or Exhibitionist?

Despite Townsfolk Talking Trash, Dancing Queen Is Now Flush with Cash

Feb 2, 2009 12:20 AM CST

Ill. Senate Ousts. Gov. Blagojevich; Lt. Gov, a Lawyer, Now Takes His Place

A historic impeachment trial of Illinois Gov. Rod Blagojevich ended today and, within a few hours, the state senate voted to remove him from office. They convicted Blagojevich of abusing his power as governor after accusations that he tried to barter the U.S. Senate seat once held by President Barack…

Jan 29, 2009 9:51 PM CST

Animal Activists Battle First Amendment Defenses

The chief counsel for the Humane Society of the United States says the group is battling First Amendment arguments in its efforts to protect animals. Jonathan Lovvorn, vice-president and chief counsel of the Humane Society, spoke to the Am Law Daily about recent cases citing the right to free speech.…

Jan 29, 2009 7:14 PM CST

Police ‘Testilying’ Controversy Heats Up After Exclusionary Rule is Relaxed

After repeated instances of police allegedly lying in court to obtain convictions, some observers would like to see stricter preventative measures. In addition to videotaping searches, some have even suggested polygraphing officers before they take the witness stand to prevent such “testilying.” The nation’s highest court, however, has heated up…

Jan 29, 2009 6:24 PM CST

Illinois Gov’s Unique Impeachment Trial Takes a New Turn

After taking a pass on the testimony phase of his own impeachment trial before the Illinois state senate this week—and instead discussing his case on national television shows—Gov. Rod Blagojevich is now planning to deliver a closing argument in the senate trial. According to the state senate president, John Cullerton,…

Jan 28, 2009 9:54 PM CST

New Protests Planned in Pakistan Over Appellate Judges’ Ouster in 2007

About half of the approximately 60 appellate judges removed from office in Pakistan more than a year ago by former President Pervez Musharraf have been restored to the bench. Among those who have not: the former chief justice of the country’s supreme court, Iftikhar Chaudhry. And, in a reprise of…

Jan 28, 2009 7:23 PM CST

2 Judges to Plead in Jailing Juveniles for Profit Case, But What About the Kids?

Public outrage and potential litigation are being sparked by news that two longtime Pennsylvania judges have accepted a plea that includes prison time in a case alleging that they incarcerated juvenile defendants for their own personal profit. After news of the plea by Luzerne County’s president judge, Mark Ciavarella Jr.,…

Jan 28, 2009 6:40 PM CST

Transsexuals Sue Ill. Over Refusal to Change Birth Certificates

Two transsexuals who underwent sex-change surgeries in Thailand have sued the state of Illinois over officials’ refusal to change the gender on their birth certificates. Kari Rothkopf and Victoria Kirk filed the suit with the help of lawyers from the American Civil Liberties Union and pro bono lawyers from Jenner…

Jan 28, 2009 6:27 PM CST

Chief Judge Blasts US Attorney Over ‘Egregious Failure’ to Disclose

The chief judge of the U.S. District Court for the District of Massachusetts has issued a 42-page ruling blasting the U.S. attorney there over an alleged pattern of violations by his office of a requirement that exculpatory evidence must be disclosed to the defense in criminal cases. “The egregious failure…

Jan 27, 2009 5:46 PM CST

Suit Claims Law School Denied Jobs to Conservative Because of Liberal Bias

A conservative who applied for two legal writing positions at the University of Iowa law school claims in a federal lawsuit that she was rejected for the jobs because of her political views. The suit by Teresa Wagner, a part-timer who is associate director of the school’s legal writing center,…

Jan 27, 2009 12:38 PM CST