Constitutional Law

Novel Court Order: No Gang Loitering

In an unusual and controversial approach to criminal activity by street gangs, a California judge issued a preliminary injunction today prohibiting more than 100 alleged members of a notorious Riverside street gang from gathering together in certain public areas. If it is made permanent by Superior Court Judge Edward D.…

Sep 14, 2007 11:38 PM CDT

UC Irvine Official on Hot Seat in Dean Case

In a rapid-fire change of circumstances, the UC Irvine official who made a controversial decision to fire a renowned constitutional scholar who had just agreed to serve as dean of the institution’s as-yet-unopened new law school is now himself in hot water. Some faculty are now calling for Michael Drake,…

Sep 14, 2007 11:05 PM CDT

Furor Over Presentence Story About Jurors

An unusual front-page newspaper article about jurors selected, after four months of questioning, to determine the sentence in a high-profile death-penalty case has caused a furor. The prosecutor, defense counsel, at least some jurors, and journalism experts are among those questioning the Connecticut Post’s judgment in printing the article, according…

Sep 14, 2007 5:00 PM CDT

Church Leader, Polygamy on Trial in UT Rape Case

Opening arguments are expected to begin today in a Utah teen-rape case that is widely seen as putting on trial not only the defendant, Warren Jeffs, but the polygamist practices of the church community he leads. Jeffs, 51, heads the Fundamentalist Church of Jesus Christ of Latter Day Saints, a…

Sep 13, 2007 4:00 PM CDT

Late Lawyer Not Ineffective

A lawyer who returns to a trial 20 minutes late from a lunch break does not necessarily provide ineffective assistance of counsel, a federal appeals court has ruled. The defendant, an alleged cigarette smuggler, contended his lawyer was absent during a critical stage of the trial, which amounted to ineffective…

Sep 13, 2007 3:33 PM CDT

Judge Challenges Age Limit

A 72-year-old Chicago judge has filed a lawsuit seeking to strike down an age limit for judges seeking re-election. Judge William Maddux, chief judge of the law division for Cook County, is challenging a state law that bars judges from running for re-election after they reach the age of 75,…

Sep 13, 2007 11:35 AM CDT

Liberal UC Irvine Dean Hired, Then Fired

Updated: Erwin Chemerinsky, a renowned constitutional law scholar at Duke University, reportedly agreed to be dean of the new University of California law school slated to open at Irvine next year—but was then fired a week later due to his controversial political views. So says a University of Texas law…

Sep 12, 2007 6:57 PM CDT

Muslim Religious Freedom Movement Sparks Threats

An organized movement to allow Muslims to renounce their faith has prompted death threats and reportedly made its leader the most talked-about public figure in the Netherlands. The campaign for religious freedom was launched yesterday, on the anniversary of the Sept. 11, 2001 terrorist attacks, by the Committee for Ex-Muslims.…

Sep 12, 2007 6:48 PM CDT

Cost of TV-Phone-Net Deals: No Privacy

Big Brother may not be watching you. But, chances are, Corporate America is—especially if you have a package cable television or telephone deal. If you read the fine print on your contract for phone, cable television and Internet service with certain providers, it’s clear that “not only does the company…

Sep 12, 2007 3:44 PM CDT

Big-Firm Alumni Have Van, Will Practice

Three former big-firm attorneys in Atlanta have made a name for themselves in a way that would have been hard to predict years ago. Jamie Hernan, Christopher Taylor and Jerome Lee have not only left King & Spalding and formed their own firm but bought a van in which they…

Sep 11, 2007 11:47 PM CDT

Rape Victim Sues Judge Over R-Word Ban

An alleged acquaintance-rape victim has sued the Nebraska judge who banned her from using the word “rape” in testimony, in what her lawyer describes as a troubling trend. A federal lawsuit filed in Lincoln contends Lancaster County District Judge Jeffre Cheuvront violated Tory Bowen’s rights of due process and free…

Sep 10, 2007 4:39 PM CDT

1940s Justice Influences Terrorism Cases

A justice of the U.S. Supreme Court in the 1940s has had a major influence in several recent opinions, thanks to one of his former clerks—U.S. Supreme Court Justice John Paul Stevens. Stevens has relied on World War II-era opinions written by Justice Wiley B. Rutledge, who served on the…

Sep 8, 2007 1:53 PM CDT

Explicit Web Site Justifies Cop Firing, Court Rules

The First Amendment does not protect an Arizona police officer fired for posting sexually explicit videos on a Web site, a federal appeals court has ruled. The 9th U.S. Circuit Court of Appeals held that the city of Chandler was not liable for firing policeman Ronald Dible, the Arizona Daily…

Sep 7, 2007 1:58 PM CDT

Patriot Act Ruling Could Curtail FBI Technique

A federal judge’s decision yesterday striking down parts of the USA Patriot Act could cut the FBI’s use of national security letters to gather customer information from telecommunications companies for terrorism investigations. The decision said the revisions violated the First Amendment by giving the FBI wide discretion to make case-by-case…

Sep 7, 2007 1:23 PM CDT

Terrorism Trial Scorecard

A little over a year ago, the U.S. Department of Justice issued a 68-page report that listed what the DOJ considers the country’s major terrorism cases. In an article that is part of a special terrorism issue, the ABA Journal now uses the report as a basis for a scorecard…

Sep 7, 2007 10:40 AM CDT