Public Interest

Federal judge strikes down skirt requirement for girls at public charter school

A requirement that grade-school girls wear shorts, jumpers or skorts (which look like a skirt but include shortslike fabric underneath) at a public charter school violates the equal protection clause of the 14th Amendment, a federal judge has ruled. Senior U.S. District Judge Malcolm Howard of Greenville, North Carolina, ruled…

Apr 1, 2019 3:12 PM CDT

SCOTUS majority focuses on execution delays in ruling against inmate with rare condition

U.S. Supreme Court Justice Neil M. Gorsuch wrote the majority opinion Monday when a divided Supreme Court rejected a Missouri inmate’s claim that his rare medical condition would make execution by lethal injection a constitutional violation.

Apr 1, 2019 2:05 PM CDT

Denying sex reassignment surgery to inmate isn’t cruel and unusual, 5th Circuit rules

A blanket ban on sex reassignment surgery for prison inmates isn’t cruel and unusual punishment under the Eighth Amendment, a federal appeals court has ruled.

Apr 1, 2019 9:14 AM CDT

Do court bans on electronic devices impede access to justice?

Courts of all types have banned cellphones in courtrooms. Some inform litigants of the ban before they show up, others don’t. Some offer lockers for storage, others don’t. Courts have cited different reasons for the bans, ranging from preventing disruption in the courtroom to protecting witnesses who could be photographed and potentially threatened for appearing.

Apr 1, 2019 2:00 AM CDT

Dutch doctor’s abortion-drug prescription service faces legal landmines

The U.S. Food and Drug Administration is investigating a mail-order abortion-drug practice, and abortion foes are vowing to fight back with federal legislation.

Apr 1, 2019 1:45 AM CDT

Court considers whether inquiry about citizenship belongs on the U.S. census

On April 23, the U.S. Supreme Court will take up a case that should resolve the issue. The justices will hear an appeal brought by the Trump administration of a federal district judge’s ruling that invalidated U.S. Secretary of Commerce Wilbur Ross’ 2018 decision to add a citizenship question to the next census.

Apr 1, 2019 1:35 AM CDT

Judges who wed couples can’t refuse same-sex unions, ABA ethics opinion says

Judges not only must follow the law but also must act impartially and free from bias or prejudice, according to the ABA’s Standing Committee on Ethics and Professional Responsibility.

Apr 1, 2019 1:25 AM CDT

Google Plus’ shutdown brings up ethical, legal questions about companies’ data retention obligations

Data stored in Google’s failed social network raises retention issues, not only for litigation purposes, but also for business continuity. Technologists and attorneys recommend data archival and contractual strategies to avoid losing important data.

Apr 1, 2019 1:10 AM CDT

ABA develops guide for drafting laws to ban controversial conversion therapy for LGBTQ minors

An online and printed resource will help develop state statutes and tribal codes to ban a controversial practice aimed at changing an individual’s sexual orientation or gender identity.

Apr 1, 2019 12:55 AM CDT

$150,000 grant will bolster ABA’s pro bono immigration work

The American Bar Association Board of Governors approved a one-time American Bar Endowment Opportunity Grant of $150,000 from the ABE to the Commission on Immigration. The money is expected to fund the hiring of a pro bono coordinator to manage new volunteers.

Apr 1, 2019 12:40 AM CDT

April 6, 1841: John Tyler inaugurates precedential succession

On the death of President William Henry Harrison, Vice President John Tyler set a precedent when he made it clear that he planned to fully assume the office.

Apr 1, 2019 12:35 AM CDT

Whose Court Is This Anyway? Immigration judges accuse executive branch of politicizing their courts

Immigration judges are concerned that the Trump administration has moved from reprioritizing cases to deliberately trying to affect case outcomes through unilateral changes to case law, pressure on judges to rule faster and even allegedly considering political affiliation in hiring judges.

Apr 1, 2019 12:15 AM CDT

Catch and Kill: Can tabloids hide behind the First Amendment?

Buying a story specifically to suppress it is known in the tabloid world as “catch and kill.” Should it be protected action under the First Amendment?

Apr 1, 2019 12:10 AM CDT

Law Day 2019: Free speech, free press, free society

May 1, 2019, will mark the 61st anniversary of Law Day, which is held every year as a celebration of the rule of law in our society. A planning guide features tips for organizing an effective Law Day event.

Apr 1, 2019 12:07 AM CDT

Social Clashes: Digital free speech is a hot legal battleground

Social media litigation raises serious concerns about the future of free speech, including attempts at censorship by government actors critical of comments on social media, the shifting standards of private platforms to censor online expression and the rise of hate and extremist speech in the digital world.

Apr 1, 2019 12:05 AM CDT