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Selections from National Law Journal Daily Headlines June 9, 2009

By David Badertscher, PLL

Source: NLJ.com, June 9, 2009.

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Justices to weigh constitutionality of controversial bankruptcy reform act

"The U.S. Supreme Court has agreed to resolve a long-simmering debate over the constitutionality of provisions in the controversial bankruptcy reform act of 2005 that include lawyers as "debt relief agencies" and restrict the advice they can give to clients. The high court granted review in two cases, consolidated for argument next term, involving the Bankruptcy Abuse Prevention and Consumer Protection Act and an Edina, Minn., law firm. "

 

Supreme Court issues landmark ruling on judicial recusal

"In a landmark ruling that could affect state judicial elections nationwide, the Supreme Court on Monday ruled that due process requires a state judge to recuse when a party in a case before him or her has had a "significant or disproportionate" influence on placing the judge on the court through a large campaign donation."

 

Justice Ginsburg stays Chrysler sale, for now

"Supreme Court Justice Ruth Bader Ginsburg has temporarily stayed the sale of Chrysler LLC to a group led by Fiat. But her action appears to be only a brief hold meant to stop the clock as a 4 p.m. deadline for high court action on Monday came and went. Over the weekend, three separate parties filed significant challenges to the sale, in the wake of a decision on Friday by a panel "

 

Judge tosses much of the case against O'Donnell

"A federal judge in Los Angeles has tossed a substantial portion of the federal government's criminal case against Pierce O'Donnell, which alleged that he reimbursed employees of his law firm and other individuals for giving $26,000 in campaign contributions to a committee supporting a presidential candidate, believed to be former U.S. Senator John Edwards".

 

Bar section can intervene in gay adoption suit

"The Florida Supreme Court has allowed a section of the Florida Bar to argue a controversial position in a case involving the rights of gays and lesbians to adopt children. The June 4 decision of first impression allows the state bar's family law section to file a brief arguing against a state law that limits the adoption of children to heterosexuals."

 

OPINION

Don't give agencies criminal power

"U.S. Securities and Exchange Commis?sion enforcement cases have picked up under the agency's new leadership. While some believe that civil regulators should be vested with the power to bring federal criminal cases, such authority would increase the risks of abuse."

Full post as published by New York Supreme Court Criminal Term Library on June 09, 2009 (boomark / email).