Litigation

Editorials: After ?Citizens United,? New Disclosure Needed

Posted on February 16, 2010
The need for more sunlight on corporate political spending, following the Supreme Court’s Citizens United decision, lies at the heart of editorials in two major newspapers about proposed congressional fixes. Referring to upcoming legislation outlined by Sen...

?Credibility? of Immigration Courts at Stake?

Posted on February 16, 2010
Newly published media reports continue to highlight an important study done for the American Bar Association about the nation’s immigration courts, and the crushing overload and shortcomings they face. In the Palm Beach Post, the author of a commentary quoted Marisol Zequiera, an immigration lawyer, as underscoring questions raised in the report: “At stake here is [...

Panel Approves Scrapping of AZ Merit Selection

Posted on February 16, 2010
The merit selection system for choosing many judges in Arizona could be thrown out under a proposal that passed the state Senate Judiciary Committee on a party-line, 5-4 vote. The proposal would eliminate two nominating commissions, have the governor make judicial appointments and require Senate confirmation, followed by reconfirmation every four years (see Gavel Grab)...

Tuesday Media Summary

Posted on February 16, 2010
JUSTICE AT STAKE PA Law Weekly: A Little Help From Their Friends Peter Hall – 2/15/2010 (SUBSCRIPTION REQUIRED) JudgesOnMerit: Take the Money and Run…for the PA Supreme Court Susan – 2/15/2010 CITIZENS UNITED Washington Post: Two Democrats’ remedy for the high court’s campaign finance ruling Editorial – 2/16/2010 Politico: Undoing SCOTUS-decision damage SEN...

To access this complete feed in the blog feed reader login or register for free.

AZ: Immigration Case Backlog Causes Delay of Years

Posted on February 15, 2010
The threat to impartial justice in the immigration courts is illustrated by an investigative report in the Arizona Republic focusing on the situation in that border state. The newspaper reports two conclusions: heightened enforcement  is “undermining the ability of judges to rule fairly because they are under growing pressure to decide cases quickly;” and the case [...

WI: Judicial Hopefuls Not Stampeding to Political Parties

Posted on February 15, 2010
Although a federal judge ruled a year ago that state judges can join political parties, candidates in a statewide judicial primary scheduled this week are not rushing to take advantage of the ruling, the Wisconsin State Journal reported. Edward Leineweber, a Richland County circuit judge and candidate for the 4th District Court of Appeals said forgoing [...

Four CO Justices Eye Tough Retention Vote?

Posted on February 15, 2010
Four justices on Colorado’s seven-member state Supreme Court (photo of full court at right) are expected to face the voters in retention elections this fall, and they  face a tough vote, the Denver Post reported in an article that takes a look at the issues and politics ahead...

Split WI Court: Gableman Can Stay on Case

Posted on February 12, 2010
Because his six fellow justices disagreed on their power to disqualify Wisconsin Supreme Court Justice Michael Gableman from hearing a criminal appeal, he will continue to participate in the case, according to an article in the Milwaukee Journal Sentinel...

Studies: Race, Gender Influence Judges? Rulings

Posted on February 12, 2010
There’s evidence that a judge’s race or gender is a significant factor in the outcome of the cases he or she considers, according to two studies discussed before a panel of the midyear American Bar Association meeting in Florida. One study involved racial harassment cases, and the other involved allegations of sexual harassment or sex discrimination [...

Obama to Help Decide 9/11 Trial Venue

Posted on February 12, 2010
President Barack Obama plans to “insert himself into the debate” over where to hold the trial of accused 9/11 mastermind Khalid Shaikh Mohammed, the   Washington Post quoted unnamed administration officials as saying. Attorney General Eric Holder, who initially made the decision about a federal court venue in New York City for the widely anticipated trial, was [...

Criticizing the High Court: What Is the Line?

Posted on February 12, 2010
  In the end, what did this winter?s Obama-Alito confrontation amount to? When a hot Supreme Court case comes along, intertwined with high-stakes politics, interbranch tempers have a way of boiling over. And testiness between courts and the elected branches is part of Beltway life...

Friday Media Summary

Posted on February 12, 2010
CITIZENS UNITED NY Times: Democrats Try to Rebuild Campaign-Spending Barriers DAVID D. KIRKPATRICK – 2/12/2010 LA Times: Congress pushes back against Supreme Court ruling on corporate spending James Oliphant – 2/11/2010 The Hill: Congress should say ‘yes’ to public financing Angela Migally – 2/11/2010 Harvard Law Record: Lessig levels Citizens United decision Victoria Baranetsky – 2/11/2010 Huffington Post: What Ted Olson Needs to Know [...

Debate Brews Over Prop. 8 Judge

Posted on February 11, 2010
After a San Francisco newspaper reported that federal district Judge Vaughn Walker, presiding over the California trial about same-sex marriage, is gay (see Gavel Grab), some conservative voices are calling for him to step aside from the case, while others are saying his sexual orientation is irrelevant...

Democrats Propose New Political Spending Restraints

Posted on February 11, 2010
Responding to the Supreme Court’s Citizens United decision, two top congressional Democrats Thursday outlined a package of legislative responses to discourage runaway spending by corporations and unions on political advertising. Sen. Charles Schumer of New York and Rep...

O?Connor Talks Election Reform in MN

Posted on February 11, 2010
Retired Supreme Court Justice Sandra Day O’Connor, traveling widely to call for an end to state judicial elections, visited Minnesota to support eliminating contested judicial elections there. Reformers including former Minnesota Gov. Al Quie are seeking a change in Minnesota’s constitution to replace contested judicial elections with up-or-down retention elections, and to require that gubernatorial appointments [...

Conservative Group Eyes State Judicial Battles

Posted on February 11, 2010
A conservative judicial group has changed its name to lend a sense of urgency and has announced it is tackling state judicial battles as well as those on the federal level. The Judicial Confirmation Network has changed names to the Judicial Crisis Network, according to an article in The Blog of Legal Times, and executive director [...

NY Senate: ?No 9/11 Trial in NYC?

Posted on February 11, 2010
The issue of whether to try the accused 9/11 co-conspirators in federal court in New York City or before a military tribunal continues to fuel controversy, even though the Obama administration has signaled it’s looking at other locations for the trial...

Sexual Orientation in Judiciary Is Discussed

Posted on February 10, 2010
Federal judges and nominees are familiar with giving up a measure of privacy and undergoing scrutiny for their views and their records. Now their sexual orientation is getting open discussion, as well. In a news release Monday, Sen. Charles Schumer, D-N...

Tracking How ?Citizens United? Affects the States

Posted on February 10, 2010
The fallout from the Citizens United decision is causing turbulence in Colorado, where Gov. Bill Ritter (photo at right) is preparing to ask the Colorado Supreme Court if the ruling renders any state campaign finance laws unconstitutional. Colorado’s secretary of state, Bernie Buescher, has suggested he believes Citizens United invalidates two parts of Amendment 27, passed [...

Editorial: ?Ban Contested MD Judicial Elections?

Posted on February 10, 2010
A proposal to eliminate contested elections of Maryland circuit judges has won a strong endorsement from a Washington Post editorial: “Judges are not — and should never be confused with — politicians. Insulating those who serve on the bench from the potentially corrosive influence of money and politics would help to avert cases of mistaken identity...

Judicial Pay Boost Proposal Backed by ABA

Posted on February 10, 2010
The American Bar Association House of Delegates wants to help federal judges get a cost-of-living increase. The lawyers voted this week in support of a proposal to lift barriers that have prevented federal judges from getting a cost-of-living increase when other federal workers get them, according to The Blog of Legal Times...

Candidates to Run for Ohio Chief Justice

Posted on February 10, 2010
A sitting Ohio Supreme Court justice, Maureen O’Connor, was poised to make official this week her candidacy for chief justice, the Cleveland Plain Dealer reported. Chief Justice Thomas Moyer plans to retire after this year. Justice O’Connor would be the first female chief justice in the 208-year history of the court if elected; a Republican, she [...

ABA Vote Backs Idea of New Immigration Court

Posted on February 09, 2010
The American Bar Association is urging U.S. lawmakers to eliminate the existing immigration courts system–one that is faced with growing backlogs, a huge caseload and overburdened judges–and replace it with a new, independent court. A New York Times article recounts a vote of the lawyers association, a partner of Justice at Stake, at its semiannual meeting [...

Poll: Voters Oppose Citizens United Ruling

Posted on February 09, 2010
The Supreme Court’s Citizens United decision has displeased many voters, who opposed it by a two-to-one margin in a national, bipartisan poll, according to an article by Politico. The poll commissioned by Common Cause, Change Congress and Public Campaign Action Fund found that 64 percent of those voters surveyed opposed the 5-4 Supreme Court ruling last [...

Thoughts on Psychology and Recusal Rules

Posted on February 09, 2010
The Supreme Court’s landmark Caperton v. Massey decision has led some states to consider new rules for disqualification, or recusal, of judges who might have a bias or an appearance of bias in hearing a case. Now two experts are drawing on research in psychology to offer tips for states that are weighing new recusal [...

Revised AZ Judge Selection Proposal ?Foundering??

Posted on February 09, 2010
A proposal to alter Arizona’s merit selection system for picking judges (see Gavel Grab) was put on hold by a state Senate committee. The legislation appeared to be “foundering,” according to the Legal Newsline publication. The proposal would eliminate two nominating commissions, have the governor make judicial appointments and require Senate confirmation, followed by reconfirmation every [...

Critics Seek Change in AZ Merit Selection Process

Posted on February 08, 2010
Arizona’s  merit selection system for picking judges could be revised to require state Senate confirmation of judges, if a process for a statewide ballot referendum is launched–and if such a referendum were to gain voter approval. Last year,  the U...

Judge Questions Illegal Immigrant Prosecutions

Posted on February 08, 2010
In Texas, a federal judge has publicly questioned the practice of U.S. prosecutors seeking criminal convictions for  some illegal immigrants accused of illegal re-entry, and who the judge said had no significant criminal histories. The practice “presents a cost to the American taxpayer … that is neither meritorious nor reasonable,” Judge Sam Sparks wrote in [...

Citizens United: Defining the Roberts Court?

Posted on February 08, 2010
Might its Citizens United decision come to define the Supreme Court under Chief Justice John Roberts Jr.? Law professor  law professor David Kairys of Temple University raises that idea in a USA Today article that looks at the decision from a different perspective–what insights it may offer about the court’s future...

A Roaring Debate over Handling Terror Suspects

Posted on February 08, 2010
There is no let-up in the heated debate over trying Khalid Shaikh Mohammed and four co-defendants in civilian courts versus military tribunals, and also about how to handle terror detainees held at Guantanamo Bay. In the latest round, a Philadelphia Inquirer editorial contended that moving the venue out of New York City for the alleged 9/11 [...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.