Thursday, November 15, 2012
Available online from Slate: Katie Mesner-Hage has a jurisprudence essay entitled "Why Donald Rumsfeld Can't Be Sued for Torture: His latest and biggest court victory."
Ryan McCartney has a jurisprudence essay entitled "Suing Girls Gone Wild: Should a girl who bared her breasts at 14 win her lawsuit against the video company?"
And Eliot Spitzer has a blog post titled "The Supreme Court's Threat to the Voting Rights Act."
"Affirmative Action Ban in Michigan Is Rejected": This article will appear Friday in The New York Times.
Warren Richey of The Christian Science Monitor has an article headlined "US appeals court strikes down Michigan ban on affirmative action; While the 8-7 ruling did not address the constitutionality of race-conscious admissions, the majority said Michigan's prohibition on the policy 'places special burdens on racial minorities.'"
The Detroit News has an update headlined "Michigan's affirmative action ban unconstitutional, federal appeals court rules."
AnnArbor.com reports that "Appeals court strikes down ban on affirmative action in university admissions."
And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Michigan Ban on College Affirmative Action Struck Down."
"At long last, battle over Bush ozone standard heads to court": Lawrence Hurley and Jeremy P. Jacobs of Greenwire have this report.
Posted at 03:40 PM by Howard Bashman
"Software Speech": At Stanford Law Review Online, Andrew Tutt has a Note that begins, "When is software speech for purposes of the First Amendment?"
Posted at 02:58 PM by Howard Bashman
"The courts and public opinion: Klarman examines the legal fight for same-sex marriage." This article appears in the Fall 2012 issue of the Harvard Law Bulletin.
Posted at 02:53 PM by Howard Bashman
Sixth Circuit issues its en banc ruling in Coalition to Defend Affirmative Action v. Regents of the University of Michigan: You can access the ruling at this link. A majority on the en banc court has ruled that "those provisions of Proposal 2 affecting Michigan's public colleges and universities [are] unconstitutional."
The majority opinion explains that Proposal 2 "eliminated the consideration of 'race, sex, color, ethnicity, or national origin' in individualized admissions decisions" at Michigan's public colleges and universities.
The en banc court's vote was 8-to-7 in favor of invalidating Proposal 2. Five of the seven dissenting judges issued dissenting opinions.
Update: In early news coverage, The Associated Press reports that "US court strikes down Mich. affirmative action ban."
Terry Baynes of Reuters reports that "Michigan affirmative action ban unconstitutional, court rules."
Paul Egan of The Detroit Free Press has a news update headlined "Court: Michigan's ban on affirmative action is unconstitutional."
The Michigan Daily reports that "Court rules Michigan's ban on affirmative action unconstitutional."
"Appeals court upholds Diehl-Armstrong's conviction": The Erie Times-News has an update that begins, "A federal appeals court today affirmed the conviction and life sentence of Marjorie Diehl-Armstrong in the bombing death of pizza deliveryman Brian Wells in 2003."
"Atheist group sues over religious electioneering": The Associated Press has this report.
Yesterday, the Freedom From Religion Foundation issued a news release headlined "FFRF sues IRS to enforce church electioneering ban." You can access the complaint initiating suit at this link.
"Court hears appeal from Ciavarella; Former judge wants conviction tossed": Terrie Morgan-Besecker has this article today in The Times Leader of Wilkes-Barre, Pennsylvania.
"Utah's death penalty costs $1.6M more per inmate; No legislation proposed; study is first to examine the cost of the capital punishment": Brooke Adams has this article today in The Salt Lake Tribune.
And The Deseret News reports today that "Victims, lawmakers discuss personal, financial costs of death penalty."
"Federal court vacates 6 of 13 child pornography convictions against former state prosecutor; Appeals court says James Cameron, 50, formerly of Hallowell, should have been able to cross-examine Yahoo employees who compiled reports about his accounts": The Morning Sentinel of Waterville, Maine contains this article today.
"Harkin nominates women for 8th Circuit": This article appears today in The Des Moines Register.
Posted at 09:14 AM by Howard Bashman
"Will Supreme Court answer monks' prayers?" Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 08:04 AM by Howard Bashman
"Is the Voting Rights Act Doomed?" Law professor Nathaniel Persily has this op-ed today in The New York Times.
Posted at 08:02 AM by Howard Bashman
"Heated affordable housing battle plays out in front of N.J. Supreme Court": The Newark Star-Ledger has this report.
And The Philadelphia Inquirer reports today that "COAH court case could alter New Jersey's affordable-housing rules for cities and towns."
"Court hears appeal in same-sex couples tax case": The Associated Press has this report from Alaska.
Posted at 07:45 AM by Howard Bashman