Constitutional Law

Sunglasses Issue Obscures Case Outcome

A New Jersey judge’s insistence that a respondent should remove his sunglasses in her courtroom has put the outcome of his civil commitment hearing in doubt. Her focus on his shades calls into question her impartiality, requiring another hearing before a different judge, a state appeals court says. A forensic…

Sep 4, 2008 9:54 PM CDT

Police Beat Pakistan Lawyers in Clash Over Ousted Appellate Judges

Pakistani lawyers clashed with riot police in Islamabad as they protested dozens of appellate judges’ continued absence from the bench. The judges were ousted last year when former President Pervez Musharraf imposed a state of emergency and what many considered martial law. “Some lawyers were beaten by officers in front…

Sep 4, 2008 6:10 PM CDT

Pole Dancing Instructor Challenges Studio Ban with ACLU’s Help

The American Civil Liberties Union of Pennsylvania has filed a First Amendment lawsuit on behalf of a suburban Pittsburgh pole dancing instructor who was denied an occupancy permit for her new studio. Adams Township, Pa., classifies Stephanie Babines’ proposed dance studio as an adult business that cannot be located within…

Sep 4, 2008 4:35 PM CDT

L.A. City Council Offers $500K Bounty for Unknown Serial Killer

Seeking to put a stop to a serial killer that authorities say has been operating in the Los Angeles area for some 23 years, the L.A. City Council today approved a $500,000 reward fund. It will pay up to $200,000 to any individual who provides information leading to the conviction…

Sep 3, 2008 9:46 PM CDT

N.J. Appeals Court Upholds Police Search of Computer Authorized by Employer

A New Jersey appeals court has upheld a government search of an employee’s computer that was conducted with the approval of his employer. The Aug. 29 ruling found that an employee has no legitimate expectation of privacy in personal files stored on a company computer that was used to commit…

Sep 3, 2008 6:12 PM CDT

Ouster Hearing Begins for Detroit Mayor Despite Legal Maneuvering

Updated: Lawyers for Detroit Mayor Kwame Kilpatrick only had a half-hour this morning to stop a hearing by the state’s governor that could result in their client’s ouster from office. Lawyer James Thomas said yesterday that the removal hearing was set to begin at 9 a.m., and the Michigan Supreme…

Sep 3, 2008 10:49 AM CDT

As Students Head Back to School, Lawyers Head Back to Court

As students start another school year, litigation over their education is on a number of minds. In Chicago, as many as 2,000 predominantly minority students are boycotting the first day of school today and taking special buses to public schools in the upscale suburb of Winnetka, in support of efforts…

Sep 2, 2008 3:20 PM CDT

Lawyers for Detroit Mayor Propose Plea Deal

Updated: Lawyers for embattled Detroit Mayor Kwame Kilpatrick are proposing a plea deal in which he would resign and plead guilty to two felonies. Kilpatrick would also perform 300 hours of community service, agree not to run for office for two years, give up pension benefits and pay a six-figure…

Sep 2, 2008 12:50 PM CDT

Crime Registries Under Fire

Adam Walsh Act mandates sex offender lists, but some say it’s unconstitutional

Sep 1, 2008 1:00 PM CDT

Holy Hogwarts!

Devout Librarian Disapproves of Junior Wizard Dress-Up, Gets Dressed Down and Suspended

Sep 1, 2008 1:00 PM CDT

Detroit Mayor Sues to Stop Ouster Hearing, Claims Gov. is Biased

Detroit Mayor Kwame Kilpatrick has filed suit in an effort to stop Michigan Gov. Jennifer Granholm from holding a hearing into whether he should be removed from office. The Detroit City Council has requested the hearing under a state constitutional provision that allows the governor to remove government officials who…

Aug 29, 2008 11:10 AM CDT

Utah AG’s New Website Posts Suspect Video, Sparks ACLU Complaint

In a move that has raised the hackles of the ACLU, the attorney general of Utah has publicly posted on his newly redesigned website additional photographs and other documentary material related to suspects who are charged but not yet convicted of crimes. What has attracted the most critical attention, reports…

Aug 28, 2008 7:13 PM CDT

Appeals Court Upholds Dismissal of KPMG Indictments Due to Prosecutor Tactics

Updated: A federal appeals court has upheld a judge’s dismissal of indictments against 13 accounting firm employees because the government pressured their employer to cut off their legal fees. The 2nd U.S. Circuit Court of Appeals ruled today that prosecutors had violated the employees’ Sixth Amendment right to counsel by…

Aug 28, 2008 5:59 PM CDT

45 Years after King’s ‘Dream,’ Obama’s Nomination is a Reality

Yesterday, attorney Barack Obama made history by becoming the first African-American ever to be nominated by a major party as a candidate for president of the United States. It was almost exactly 45 years, to the day, after civil rights leader Martin Luther King Jr. made his famous “I Have…

Aug 28, 2008 4:57 PM CDT

Only 8 of 60 Ousted Pakistan Judges Return to Office; Lawyers Outraged

There were some 60 appellate judges removed from office in November last year by the president of Pakistan after he declared a state of emergency criticized by the legal community as unconstitutional and imposed what many considered to be martial law. Now, “in a move that has outraged the legal…

Aug 27, 2008 8:42 PM CDT