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: Out of the Box Lawyering

A suggested blog: A blog that reports cases that hold laws or rules unconstitutional or invalid for some other reason

By ajlevy

This is an out-of-the-box suggestion for a new blog — one that I think will interest many readers, and it’s free for the taking. By way of background, one way of coming up with solutions in your practice is to have many ways to jog your thought processes. Assume you have a case that involves a statute (state or federal) or a regulation (state or federal) or a court rule — or indeed any rule (state or federal), and the statute, regulation or rule is barring you or your client from achieving the relief you would like. One defense to the bar that you might consider is whether that bar is invalid. For instance: 1. If the bar is a statute, is it unconstitutional under either the federal or the state constitution; 2. If it is a regulation, is it invalid because it did not comply with rule-making requirements or because it violates a federal or state statute or constitution; 3. If it is a district or appellate court rule, similarly, does it violate a federal or state constitution, statute or even a uniform rule of the court; 4. If it is a city ordinance, does it violate a constitution...

Full post as published by Out of the Box Lawyering on March 05, 2008 (boomark / email).