Constitutional Law

  • National Law Journal

    Law Prof to Senators: Trump Can't Pardon Himself

    By Cogan Schneier | September 26, 2017

    A group of law professors testified before Congress on Tuesday on how to protect special counsel Robert Mueller from removal and separation of powers issues.

  • New York Law Journal

    Adult Entertainment Industry Loses Another Challenge

    By Anthony S. Guardino | September 26, 2017

    In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how, after more than two decades, litigation over New York City's efforts to use its zoning powers to regulate adult bookstores and adult eating or drinking establishments appears to be over.

  • Daily Report Online

    11th Circuit: Immunity Bars Teacher's Retaliation Claim Over Father's Newspaper Comments

    By Greg Land | September 26, 2017

    The court ruled that, even if the Huntsville City Schools superintendent declined to promote the teacher because of her father's comments, her First Amendment and intimate association rights claims cannot overcome the superintendent's immunity.

  • Connecticut Law Tribune

    State-Subsidized Segregation in Connecticut

    By EDITORIAL BOARD | September 26, 2017

    Although our governments no longer demand segregation, housing assistance continues to confine low-income people of color to the low opportunity areas of Connecticut.

  • Daily Report Online

    False Arrest Suit Over Pot Patch Bust Goes Up in Smoke at Trial

    By Greg Land | September 25, 2017

    A federal jury in Columbus denied a man's claim that he lost his job after he and his wife were arrested and charged with growing marijuana based on deputies' allegedly false statements in support of a search warrant—charges that were eventually dropped against him and reduced to possession of more than one ounce against his wife.

  • Litigation Daily

    Legal Fee Shocker: Richard Simmons Must Pay Tabloid That Wrongly Reported He's Transgender

    By Jenna Greene | September 24, 2017

    Just as courts over time have found that it's no longer defamatory per se to say a person was born out of wedlock or has cancer, or to incorrectly report someone's race, so too Los Angeles Superior Court Judge Gregory Keosian determined that “misidentification of a person as transgender is not actionable defamation absent special damages.”

  • New Jersey Law Journal

    Judge Won't Grant Bond Issuer's Bid to Stop Bail Reform

    By Charles Toutant | September 22, 2017

    A federal judge has refused to halt enforcement of New Jersey's Criminal Justice Reform Act, finding that a constitutional challenge by a bail bond underwriter has little chance of succeeding.

  • The Legal Intelligencer

    Whitaker v. Wetzel, PICS Case No. 17-1417 (Pa. Commw. Aug. 29, 2017) Cosgrove, J. (12 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    Trial court properly dismissed appellant prisoner's constitutional claims over the destruction of photographs that had been confiscated by prison mail room because they came from an unapproved vendor because his fundamental due process rights of notice and an opportunity to be heard were fully protected and to the extent he claimed the photographs were intentionally destroyed, those claims were properly dismissed and he never alleged negligence in the destruction of the photographs. Affirmed.

  • The Legal Intelligencer

    Cruz v. Wal-Mart Super Ctr., PICS Case No. 17-1406 (E.D. Pa. Aug. 29, 2017) Leeson, U.S.D.J. (7 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    Civil Rights Act claim failed where plaintiff failed to plead that defendant was a "public accommodation" under the act, or that he was denied service because his race, color, religion or national origin. Motion to dismiss granted, with prejudice in part and without prejudice in part.

  • Connecticut Law Tribune

    The Importance of Dissent

    By EDITORIAL BOARD | September 22, 2017

    Not long ago, there was a widely televised meeting of all President Trump's cabinet ministers and the highest-ranking staff of the White House. One by one they each heaped lavish praise and adulation on him as if he were some sort of "Supreme Leader." Some went so far as to express profound gratitude for the "blessings" associated with serving him. While an attitude of sheepish subservience might be expected in dictatorial regimes such as North Korea, it was disturbing at best to watch it on display within the upper echelons of the leadership in this country. Perhaps most troublesome is the total lack of regard for the importance of dissent.

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