Public Defense

Split Sixth Circuit finds below-guideline sentence substantively unreasonable
In a long opinion that thoughtfully seeks to unpack the standards for substantive reasonableness review, a split Sixth Circuit panel in US v. Funk, No. 05-3708 (6th Cir. July 22, 2008) (available here), reverse a sentence well below the guidelines...

Split Ninth Circuit panel affirms below-guideline probation sentence as reasonable
Federal defense practitioners on the West Coast will be pleased to see the Ninth Circuit's latest reasonableness ruling today in US v. Whitehead, No. 05-50458 (9th Cir. July 14, 2008) (available here)...

Ninth Circuit Revives Substantive Due Process Challenge to "Don't Ask, Don't Tell" Policy:
The Ninth Circuit handed down a decision today concluding that the military's "Don't Ask, Don't Tell" policy should be subject to heightened scrutiny under Lawrence v. Texas. The new decision is...

New Article: The Ninth Circuit Rediscovers Substantive Due Process In Land Use Cases
The Zoning and Planning Law Report (Thomson | West) has published my article about the post-Lingle developments in substantive due process in the Ninth Circuit. Download a pdf of the article here...

9th Circuit reinstates Dont Ask Dont Tell challenge, what implications
Vikaram Amar has this commentary on Findlaw discussing the recent 9th Circuit decision. He concludes: . . . It is also worth noting that the Ninth Circuit?s ruling last month diverged from that of at least one other United States Court of Appeals, creating what might be considered a ?Circuit split? on the extent to [...

Ninth Circuit Dissent Condemns Split from Seventh Circuit Cases Holding Sale of Property Ends Endorsement of Religion
The Split Circuits Blog reports on how the Ninth Circuit has split from the Seventh Circuit on the issue of deciding whether the sale of property ends an unconstitutional state endorsement of religion...

Stock Splits and Reverse Stock Splits
How splits can affect stock value

Employment Contracts
General Contract Law Principles

Selection of State Supreme Court Judges
How State Court Judges are Selected

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President

Rutland School District
Double pay offered as part of class action wage dispute settlement, pending court approval.

Specialty Lamp International
Recalls Counterfeit Circuit Breakers

No Signature Required
Wachovia to pay up to $125 million settlement in check cashing lawsuit.

Walt Disney
alleging a Sikh American applied for a job with Disney but was told he did not have the "Disney look" - apparently referring to his beard and turban, which is required by his religion.

Estate of Seth Tobias
$25 million estate to be split as part of settlement.

Ebay Fined
French Court Sets Fine at $61 Million