Legal Theory

What legal theory is Disney using to sue Florida Gov. Ron DeSantis?

Disney’s federal lawsuit against Republican Florida Gov. Ron DeSantis alleges that he violated several constitutional protections by retaliating against the company for its political speech.

Apr 27, 2023 11:20 AM CDT

Taking Sides: Courts are grappling with how to handle claims of parental alienation

Parental alienation happens when one parent engages in behaviors that cause a child to reject the other parent for no legitimate reason. It can become the subject of fierce debate in high-conflict divorce cases when one parent claims the other parent intentionally turned a child against him or her.

Apr 1, 2023 4:00 AM CDT

Experts see these problems with felony-records case against Trump over hush-money payments

The prosecution of former President Donald Trump could pose even more problems than that of former U.S. Sen. John Edwards of North Carolina, a former Democratic presidential candidate. Experts saw these potential problems with the prosecution.

Mar 31, 2023 11:24 AM CDT

‘Complicit bias’ and ‘lawfare’ among top new legal terms in 2022

“Complicit bias” tops a list of new legal terms and expressions in 2022 compiled by law professors and academics who are on a committee for Burton’s Legal Thesaurus.

Dec 14, 2022 12:44 PM CST

Justice Jackson uses originalism to undercut ‘conservative juristocracy’

U.S. Supreme Court Justice Ketanji Brown Jackson is the de facto leader of a group embracing “a third wave of progressive originalism,” according to Lawrence Solum, a professor at the University of Virginia School of Law.

Dec 13, 2022 8:59 AM CST

3 conservative SCOTUS justices appear to seek middle ground on ‘independent state legislature’ theory

Three conservative U.S. Supreme Court justices appeared ready Wednesday to accept the “independent state legislature” theory that would strip state courts of power to review congressional voting maps adopted by state lawmakers. Three liberal justices, on the other hand, resisted the idea.

Dec 7, 2022 3:35 PM CST

Laws are needed to prevent crowd crush disasters like Astroworld, expert says

Astroworld 2021 was one of the deadliest concerts in U.S. history. In all, 10 people in the audience died from injuries they sustained in the pressure-packed crowd that night. The youngest was a 9-year-old boy. According to the Harris County Institute of Forensic Sciences, they all died from compression asphyxia when the pressure of the crowd against their chests prevented them from breathing.

Dec 1, 2022 1:40 AM CST

This judge would rather not be called ‘your honor’

A federal judge in Louisville, Kentucky, would rather be called “judge” than “your honor.”

Nov 1, 2022 9:17 AM CDT

The metaverse and Web3 are all the rage, but the law is stuck at Web1

The metaverse and Web3, including virtual reality, augmented reality, mixed reality, cryptocurrencies, non-fungible tokens and more, are evolving to become another Wild West technology frontier where existing laws are hard to apply, legal experts say.

Oct 1, 2022 2:10 AM CDT

Tulsa Reckoning: An ongoing lawsuit seeks justice for massacre victims

With the clock ticking, the stakes are high. This case could be the “last best hope” for the survivors to see some form of justice before they die. “This massacre impacted Black people around this nation. This is a win that we need as a people.”

Oct 1, 2022 12:00 AM CDT

State chief justices oppose ‘independent state legislature’ theory in Supreme Court election case

The Conference of Chief Justices has filed an amicus brief that urges the U.S. Supreme Court to reject a theory that would strip state courts of power to review state laws governing federal elections.

Sep 8, 2022 3:00 PM CDT

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California Third District Court of Appeal ruled May 31. The law defines fish as “a wild fish, mollusk, crustacean, invertebrate, amphibian…

Jun 10, 2022 11:56 AM CDT

Judging Jurisdiction: Federal and tribal courts in Oklahoma grapple with the aftermath of McGirt

In July 2020 when U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma, Assistant U.S. Attorney Shannon Cozzoni sprang into action. In that moment, she knew what would happen next: Scores of major crime cases would be landing in her federal court district in Tulsa, requiring rapid adjustments and recalibration.

Apr 1, 2022 3:45 AM CDT

Sen. Cruz asks Jackson about critical race theory at Georgetown Day School, where she is a board member

Republican Sen. Ted Cruz of Texas quizzed U.S. Supreme Court nominee Judge Ketanji Brown Jackson about critical race theory Tuesday, leading to his questions about whether it is taught at a private school where she is a member of the board of trustees.

Mar 22, 2022 3:46 PM CDT

‘Independent state legislature’ theory in spotlight as SCOTUS refuses to hear map disputes

The U.S. Supreme Court on Monday turned down emergency Republican requests to block two court-drawn legislative maps, even as four justices said they were open to considering a doctrine that would increase legislative power over redistricting.

Mar 8, 2022 10:13 AM CST