Constitutional Law

  • The Recorder

    Mahoney v. Sessions

    By therecorder | The Recorder | September 20, 2017

    9th Cir.; 14-35970 The court of appeals affirmed a district court judgment. The court held that a city’s “use of force” policy did…

  • Supreme Court Brief

    Former Texas Chief Justice Challenges His Old Court in New Gay-Rights Petition

    By Marcia Coyle | September 20, 2017

    What may seem awkward at first glance is not at all awkward to Wallace Jefferson, former chief justice of the Texas Supreme Court. Jefferson, who returned to private practice in Austin four years ago, is now challenging his old court in a petition at the U.S. Supreme Court that could increase the already high stakes in the new term for the nation's gay community.

  • National Law Journal

    What to Know About Noel Francisco as the New SCOTUS Term Nears

    By Marcia Coyle and Mike Scarcella | September 20, 2017

    The U.S. Supreme Court's fall term begins on Oct. 2. Noel Francisco, newly confirmed as U.S. solicitor general, has just days to prepare. Of course, it's likely Francisco, formerly a top appellate lawyer at Jones Day, hasn't been thinking about the cases and issues that the justices will confront—and he will argue—this term. Here's a snapshot of things to know about Francisco and matters on his plate as he prepares to step up to the lectern at the high court.

  • The Recorder

    American Beverage Association v. City and County of San Francisco

    By therecorder | The Recorder | September 19, 2017

    9th Cir.; 16-16072 The court of appeals reversed a district court order and remanded. The court held that a municipal ordinance mandating the inclusion…

  • The Recorder

    Appeals Court Halts San Francisco's Soda Health Warnings

    By P.J. D'Annunzio | September 19, 2017

    The city of San Francisco tasted a bitter defeat on Tuesday, at least temporarily, as a federal appeals court put a hold on its plans to label sugary-drink ads with health warnings.

  • The Legal Intelligencer

    Vanderklok v. United States, PICS Case No. 17-1377 (3rd Cir. Aug. 22, 2017) Jordan, J. (39 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 19, 2017

    District court properly denied Transportation Security Administration supervisor's motion for summary judgment in passenger's Fourth Amendment malicious prosecution claim because there were material disputes as to the facts of supervisor's and passenger's TSA screening encounter but erred in finding that supervisor did not have qualified immunity on passenger's First Amendment retaliatory prosecution claim because the special factors in the specific context of airport security screening precluded courts from finding a Bivens cause of action for First Amendment retaliation.

  • National Law Journal

    This SCOTUS Brief Is Good Enough to Eat. But Will Justices Bite?

    By Tony Mauro | September 18, 2017

    Cake artists represented by Baker Botts included roughly three dozen mouthwatering photos in their Masterpiece Cakeshop amicus brief to make a point: Designing special occasion cakes is an expressive art.

  • New York Law Journal

    Blessinger v. City of N.Y.

    By newyorklawjournal | New York Law Journal | September 15, 2017

    Prosecutors Enjoyed 11th Amendment And Absolute Immunity Against §1983 Claims

  • New Jersey Law Journal

    On 'Neo-Nazis Need Not Apply' Policy, Legal Questions Exist

    By Law Journal Editorial Board | September 15, 2017

    Since the recent disturbances in Charlottesville, the question has arisen whether a private employer can lawfully fire an at will employee who took part in the neo-Nazi demonstration or other white supremacist activity that the employer finds offensive or embarrassing.

  • Daily Report Online

    11th Circuit Won't Rehear Case Over Deceptive Police Search

    By Katheryn Hayes Tucker | September 15, 2017

    The U.S. Court of Appeals for the Eleventh Circuit has denied a Florida couple's request to rehear a case that deeply divided the judges over what constitutes a legal police search.

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