Constitutional Law

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

Feds May Release 19,500 Early in Crack Cases

The U.S. Sentencing Commission reportedly is considering an unprecedented proposal for a mass commutation of disproportionately harsh sentences meted out in drug cases involving crack cocaine. If approved, it is expected to affect one in 10 federal prisoners and reduce their sentences by about two years, reports the Los Angeles…

Nov 12, 2007 6:43 PM CST

Justices Help Federalist Society Celebrate 25 Years

At least four Supreme Court justices are expected to attend the 25th anniversary meeting of the conservative Federalist Society this week. Justices Clarence Thomas, Antonin Scalia and Samuel A. Alito Jr. are expected to attend Thursday’s dinner at which President Bush will speak, the Washington Post reports. Meanwhile Chief Justice…

Nov 12, 2007 5:49 PM CST

New Pakistan Court Coup: Military Trials

As an individual lawyer reportedly challenged, in the country’s highest court, the suspension of Pakistan’s constitutional system of government a little over a week ago, Pakistan’s president, Gen. Pervez Musharraf, appeared to be a step or two ahead of him. Yesterday he amended the 1952 Army Act, to allow the…

Nov 12, 2007 3:48 PM CST

Lifer Freed in Challenge to Tough Parole Changes

Inmates sentenced to life in prison are filing constitutional challenges to changes in parole procedures that subsequently made it tougher to win early release. In a Michigan case, a Detroit federal judge ruled that such changes violated the ex post facto clause that bars the government from increasing punishments retroactively,…

Nov 12, 2007 12:56 PM CST

Lawyers: Gitmo Deck Stacked Against Defense

As the arraignment process got underway today in the first trial by a Guantanamo Bay military tribunal of a terrorism suspect, defense counsel complained that the deck was stacked against the suspect. For one thing, defense lawyers said, they only heard the previous evening from prosecutors of a possible witness…

Nov 10, 2007 1:41 AM CST