By R. Robin McDonald | June 20, 2017
For the second time, a federal judge in Georgia has labeled as unconstitutional a North Georgia city's misdemeanor bail policy that allowed defendants…
By Zack Needles | June 20, 2017
A federal magistrate judge in Erie has allowed a Title VII sexual harassment case to proceed against the Roman Catholic Diocese of Erie and two of its parishes, ruling that discovery is needed to determine whether the three entities together constitute a "single employer" for the purposes of the litigation.
By Andrew R. Varcoe | June 20, 2017
Does the U.S. Constitution guarantee a right to be secure against climate change? And do the President and his officers have a legal duty—enforceable by a federal district judge—to pursue and implement an effective strategy to fight climate change? These, to say the least, are cutting-edge questions. And the Ninth Circuit—which remains one of the most important environmental-law courts in the country—may be deciding them very soon.
By Miriam Rozen | June 19, 2017
Don't expect new voting district boundaries to be drawn in time for the mid-term elections, despite the U.S. Supreme Court's agreement Monday to consider the constitutionality of extreme partisan redistricting&and despite a quickly-approaching trial on the drawing of congressional maps in Texas.
By therecorder | The Recorder | June 19, 2017
U.S. Sup. Ct.; 15-1194 North Carolina law makes it a felony for a registered sex offender “to access a commercial social networking Web site where…
By R. Robin McDonald | June 19, 2017
In an Alabama case championed by the Southern Center for Human Rights in Atlanta, the U.S. Supreme Court on Monday ruled 5-4 that an Alabama Death Row inmate was denied his right to consult with a mental health experts in his 1986 capital murder trial.
By Matthew F. Gately | June 19, 2017
When Spokeo v. Robins is properly understood as a jurisdictional decision, it becomes clear that it will not, as some have predicted, spell the demise of an entire category of class actions. Instead, it will simply shift the adjudication of those cases to state court.
By Edward M. Spiro and Judith L. Mogul | June 19, 2017
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Although a party or witness in civil litigation may invoke the Fifth Amendment, such invocation often comes at a high price, because, in contrast to the criminal context, the finder of fact in a civil case may draw an adverse inference against the party or witness who declines to provide evidence based on the Fifth Amendment privilege against self-incrimination. Recent decisions from the Southern District address when and how the Fifth Amendment can be invoked in civil litigation, and the ramifications to litigants when parties and non-party witnesses avail themselves of that privilege.
By Tony Mauro | June 19, 2017
In a unanimous decision written by Justice Anthony Kennedy, the court made numerous references to the importance of social media as a source of news and a forum for the exchange of views.
By Amanda Bronstad | June 19, 2017
The ACLU's legal efforts in obtaining records of everyone detained or removed under President Donald Trump's executive orders on immigration might have to wait a bit longer after the U.S. Department of Justice moved last month to coordinate the organization's 13 lawsuits into multidistrict litigation.
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