Legal Theory

Practical Meaning: As the Court Shifted Right, Stevens Kept His Place

The more things changed, the more John Paul Stevens stayed the same. Appointed by the moderate Republican President Gerald Ford—another Midwesterner and World War II vet—Stevens resolutely insists that his middle-of-the-road, practical legal values are as visible at his retirement this year as they were at his 1975 appointment. “You…

May 1, 2010 9:10 AM CDT

In Impromptu Remarks, Obama Criticizes Conservative Judicial Activism

President Obama says it’s time to apply the concept of judicial restraint to conservative judicial activists who are ignoring the will of Congress. “The concept of judicial restraint cuts both ways,” Obama said Wednesday evening, recalling that liberal judges had faced criticism for overturning laws in the 1960s and 1970s.…

Apr 30, 2010 12:15 PM CDT

Divided 9th Cir. Green Lights Massive Wal-Mart Sex Discrimination Suit

In a 6-5 ruling today, the San Francisco-based 9th U.S. Circuit Court of Appeals gave a green light to a massive 2001 class action suit by female workers of Wal-Mart Stores Inc. that is reportedly the biggest class action suit ever. The plaintiffs can now proceed to trial; Wal-Mart, which…

Apr 26, 2010 7:33 PM CDT

Practical Meaning: As the Court Shifted Right, Stevens Kept His Place

The more things changed, the more John Paul Stevens stayed the same. Appointed by the moderate Republican President Gerald Ford—another Midwesterner and World War II vet—Stevens resolutely insisted that his middle-of-the-road, practical legal values were as visible at his retirement as they were at his 1975 appointment. “You see some…

Apr 9, 2010 2:53 PM CDT

Now Practicing Law, 2 Ex-NFL Players Have Won Some $100M in Football-Related Worker’s Comp Awards

An unusually liberal worker’s compensation system in California, as far as professional athletes are concerned, made the New York Times this week when the wife of former National Football League player Ralph Wenzel filed an apparently unique test case over early-onset dementia that she contends is related to her 67-year-old…

Apr 8, 2010 12:07 AM CDT

Court Crafts ‘Dangerous Quadriplegic’ Doctrine Despite ‘Pigs Fly’ Dissent

A California Court of Appeal majority has crafted what Legal Blog Watch is calling the “dangerous quadriplegic” doctrine, citing a 22-year-old newspaper article about a disabled man who allegedly shot his bride by using his mouth to pull a string tied to the trigger as justification for its refusal to…

Apr 7, 2010 11:39 PM CDT

Are Criminal Charges the Right Way to Punish High School Bullies in Suicide Cases?

A prosecutor’s unusual decision to pursue criminal charges against a group of high school classmates whose bullying allegedly resulted in the targeted 15-year-old’s suicide has sparked debate about how best to address such situations. Some say the criminal charges—which range from statutory rape to harassment and likely would not have…

Mar 31, 2010 10:39 PM CDT

Wielding Sealed TRO, Microsoft Shuts Down 270+ Web Addresses in Ex Parte Botnet Battle

In a litigation tactic that reportedly has never been tried before to combat a global malicious software attack, Microsoft Corp. won a sealed temporary restraining order in an ex parte “John Doe” federal court action in Virginia this week. It allowed the company to shut down, without prior notice to…

Feb 25, 2010 9:47 PM CST

New Net Neutrality Battle Could Focus on Whether ISPs Are Common Carriers

As the Federal Communications Commission fights a seemingly uphill battle to force the nation’s Internet service providers to abide by its so-called net neutrality standards, some observers are suggesting an alternative option. Many now anticipate that the U.S. Court of Appeals for the District of Columbia Circuit will rule against…

Feb 2, 2010 12:00 AM CST

New Report Faults Prison ‘Extravagance’ as Officials Seek Cheaper Alternatives

A new report (PDF) by the National Council on Crime and Delinquency on the “Extravagance of Imprisonment” is likely to fall on receptive ears as government officials struggling to balance budgets in many regions throughout the country look for cost-cutting alternatives. Focusing on prison populations in California, Florida, New York…

Jan 20, 2010 9:47 PM CST

SEC Shines Tarnished Top-Cop Badge, Looks to DOJ for Post-Madoff Playbook

Embarrassed by lapses that allowed Bernard Madoff to operate a record-breaking Ponzi scheme for years despite warnings that his claimed hedge-fund earnings had to be fraudulent, officials at the Securities and Exchange Commission are shining the federal agency’s tarnished top-cop badge. Seeking to enhance the SEC’s reputation as a tough…

Jan 15, 2010 12:22 AM CST

Lessons Learned from Judge Who Cut Parole Violations By Enforcing Rules

Confronted a little over five years ago with a hefty docket of ongoing parole violations, many related to drug issues, a state-court judge in Hawaii had a better idea. Released inmates, it seemed, were allowed to ignore the rules repeatedly, with no real consequence. Then, perhaps the 10th time they…

Jan 12, 2010 1:17 AM CST

Angry About 27.99% Credit Card Rate, Lawyer Refuses to Pay, Threatens Suit

In a move that will undoubtedly strike a sympathetic chord with other credit card users hit with hefty interest charges despite longtime records of timely monthly payments, a California trial lawyer is taking an unusual new legal approach to the issue. Unless and until the Bank of America lowers his…

Jan 6, 2010 5:44 PM CST

‘Caffeine Psychosis’ May Have Caused Man’s Erratic Driving, Defense Lawyer Says

A hardworking financial analyst for the University of Idaho routinely chugged coffee and energy drinks and may have been under the influence of “caffeine psychosis” during an erratic-driving incident that put two college students in the hospital in nearby Washington state, his lawyer says. Attorney Mark Moorer, who represents Dan…

Dec 11, 2009 12:17 AM CST

Over Body-Freezing Co.‘s Objection, Judge OKs Autopsy of Client’s Corpse

Concerning that a client’s corpse is “decomposing by the minute,” a cryogenics company today asked a Florida judge to stop a planned autopsy to determine why a 48-year-old Navy veteran died last week. But Hillsborough Circuit Judge Martha Cook denied the emergency petition by Alcor Life Extension Foundation, saying that…

Dec 10, 2009 9:29 PM CST

Practical Meaning: As the Court Shifted Right, Stevens Kept His Place

In Impromptu Remarks, Obama Criticizes Conservative Judicial Activism

Divided 9th Cir. Green Lights Massive Wal-Mart Sex Discrimination Suit

Practical Meaning: As the Court Shifted Right, Stevens Kept His Place

Now Practicing Law, 2 Ex-NFL Players Have Won Some $100M in Football-Related Worker’s Comp Awards

Court Crafts ‘Dangerous Quadriplegic’ Doctrine Despite ‘Pigs Fly’ Dissent

Are Criminal Charges the Right Way to Punish High School Bullies in Suicide Cases?

Wielding Sealed TRO, Microsoft Shuts Down 270+ Web Addresses in Ex Parte Botnet Battle

New Net Neutrality Battle Could Focus on Whether ISPs Are Common Carriers

New Report Faults Prison ‘Extravagance’ as Officials Seek Cheaper Alternatives

SEC Shines Tarnished Top-Cop Badge, Looks to DOJ for Post-Madoff Playbook

Lessons Learned from Judge Who Cut Parole Violations By Enforcing Rules

Angry About 27.99% Credit Card Rate, Lawyer Refuses to Pay, Threatens Suit

‘Caffeine Psychosis’ May Have Caused Man’s Erratic Driving, Defense Lawyer Says

Over Body-Freezing Co.‘s Objection, Judge OKs Autopsy of Client’s Corpse

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