Constitutional Law

8933 ABA Journal Constitutional Law articles.

Second Amendment’s Reach a Lingering Issue in Gun Case

The Supreme Court’s wording in framing the Second Amendment issue in a Washington, D.C., gun case doesn’t mention one of the issues before it—whether the Second Amendment applies to the District of Columbia. When the court accepted the case yesterday, it put the issue this way: Do the provisions of…

Nov 21, 2007 12:17 PM CST

Concerned re Web Privacy, Ohio Courts Mull Paper Records Removal

Updated: As county courts in Ohio moved to make a number of dockets and case records available online, concerns arose about how that might adversely affect individual privacy. So a judicial commission was appointed to study the issue. Now, under its proposed recommendations, it appears that new rules may not…

Nov 20, 2007 9:49 PM CST

High Court Accepts 2nd Amendm’t Gun Case

The U.S. Supreme Court has agreed to decide a closely watched case that asserts the Second Amendment protects an individual right to bear arms. The court decision could result in the most in-depth examination of the right to keep and bear arms in nearly 70 years, the Associated Press reports.…

Nov 20, 2007 6:34 PM CST

Judge: ‘Easy’ Diet Claim in TV Ads Misleading, Violated Order

A television pitchman has been found in contempt of a federal court order, for continuing to make misleading claims in television infomercials about a diet book he authored. Specifically, Kevin Trudeau violated the order by depicting the diet described in his book, The Weight Loss Cure “They” Don’t Want You…

Nov 20, 2007 5:11 PM CST

FBI Hate Crimes Stats Soar; Noose Use Not Counted

Hate crimes rose significantly in 2006, up nearly 8 percent in that one year alone, according to the FBI. “Police across the nation reported 7,722 criminal incidents in 2006 targeting victims or property as a result of bias against a race, religion, sexual orientation, ethnic or national origin or physical…

Nov 20, 2007 12:01 AM CST

Fired Principal Sues Over Ban on Reapplication

A controversial New York City school principal who was fired last year over a T-shirt slogan has sued because she wasn’t allowed to reapply for her job along with 25 other applicants. Debbie Almontaser, who founded the first Arabic-language school in New York City, filed suit today in federal court…

Nov 19, 2007 11:16 PM CST

Judge Opens Jena 6 Juvenile Trial, Citizens March on DOJ

Responding to a legal action initiated by multiple media organizations, the Louisiana judge in an upcoming trial of one of the Jena 6 defendants says he will open Mychal Bell’s trial to the public. However, that did little to mollify angry citizens who marched today on the Justice Department in…

Nov 16, 2007 11:04 PM CST

9th Circuit Applies State Secrets Privilege in Wiretap Case

In a ruling seen as a victory for the Bush administration, a federal appeals court has said that a warrantless wiretap case brought against the government by an Islamic charity cannot proceed, at least for now, because of the national security issues it raises. The three-judge appellate panel rejected the…

Nov 16, 2007 7:43 PM CST

5th Circuit: Gov’t. Must Notify Workers of Fridge Cleaning

Weighing in on an important workplace issue that has undoubtedly vexed many an employee nationwide, the New Orleans-based 5th U.S. Circuit Court of Appeals has reportedly rendered an opinion that determines the constitutionality of government office refrigerator cleaning. No longer can a government employer simply clean out the office refrigerator…

Nov 15, 2007 9:40 PM CST

BBC: No Judges in Many Pakistan Courts

As hundreds of lawyers in cities throughout the U.S. joined in peaceful protests today to support fellow attorneys in Pakistan, the legal system there continues in a chaotic state, particularly at the appellate level. “More than half the courtrooms have no judges. Most lawyers who are still free are refusing…

Nov 14, 2007 10:27 PM CST

Pedophile Blogger Banned from Oregon Bus

A self-proclaimed pedophile who has sparked innovative legal efforts to restrict his activities in Southern California has now reportedly had the same effect in the neighboring state of Oregon. Jack McClellan, who says he only looks at girls and doesn’t act on his admittedly illicit interest in them, was recently…

Nov 13, 2007 11:03 PM CST

March on Washington Nov. 14 to Support Pakistan Lawyers

Updated: In a highly unusual move, the American Bar Association is spearheading a lawyers’ march on Washington, D.C., tomorrow that is also being promoted by state and local bar associations throughout the country. It is intended to support protesting lawyers in Pakistan, who have been at the forefront of efforts…

Nov 13, 2007 9:42 PM CST

Illinois Judge Axes Med-Mal Damages Cap

In a test case that is expected to go farther, an Illinois trial judge ruled today that a 2005 state statutory cap on noneconomic damages in some medical malpractice cases should not be applied to a specific plaintiff. Cook County Circuit Court Judge Diane Joan Larsen held that the law…

Nov 13, 2007 7:56 PM CST

Court Takes No Action on Gun Case Cert Petition

Updated: The U.S. Supreme Court took no action today in a closely watched case that asserts the Second Amendment protects an individual right to bear arms. Some had speculated the court could act on the cert petition as early as today. The next date for possible action is likely to…

Nov 13, 2007 2:15 PM CST

5,000 Pakistan Lawyers Reported Arrested

Thousands of lawyers in Pakistan have been jailed during the past 10 days, after the country’s president, Gen. Pervez Musharraf, declared a state of emergency Nov. 3. One of them is Aitzaz Ahsan, a 63-year-old Cambridge University graduate and the president of the country’s Supreme Court Bar. His crime, reports…

Nov 13, 2007 12:50 AM CST

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