Legal Commentary

What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest
Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime...

EFCA to Be Introduced Imminently
Mitch Rubinstein (Adjunct Prof Blog) reports that at about 12:15 p.m. EST, the Employee Free Choice Act will be introduced in Congress by Senator Tom Harkin (D-IA) and Rep. George Miller (D-CA)...

[Civil Unions]: When Reasonable Isn't Reasonable
Doug Laycock is nothing if not reasonable. But sometimes reasonable is not right. The most important area of disagreement he addresses, and the one most central to this discussion, concerns the appropriate breadth of the religious exemption that would give...

"Reasonable" Employers; "Reasonable" Employees
Lisa Bernt (Visiting Scholar, JFK Sch. Gov't) has just posted on SSRN her article (forthcoming 77 UMKC L. Rev.) Finding the Right Jobs for the Reasonable Person in Employment Law. Here's the abstract: This article examines the reasonable person's role(s)...

Franken Awarded $94,000 in Trial Court Costs; Appeal Still Pending
See here. UPDATE: When the court official sent out this message, there was some initial confusion about what it meant and whether it meant the Supreme Court opinion was to be released imminently...

Guantánamo Military Commissions Should Not Be Revived, Says ACLU
WASHINGTON ? Defense Secretary Robert Gates and Attorney General Eric Holder have recently suggested that the Obama administration is considering reviving the failed Guantanamo military commissions, and administration officials have reportedly stated this could happen imminently.