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The Recorder

Weisner v. Santa Cruz County Civil Service Comission (County of Santa Cruz)

4 minute read

Daily Report Online

Circuit Revives Suit by Family of Prisoner Murdered by Cellmate

A unanimous Eleventh Circuit panel ruled that prison officials who knew the cellmate was mentally ill and violent are not immune from action.
5 minute read

Supreme Court Brief

Justice Kennedy's Startling Shift on Affirmative Action

Justice Anthony Kennedy, who has voted against every race-based affirmative action program during his tenure on the court, shifted gears Thursday, writing the majority opinion upholding the University of Texas' affirmative-action policy for undergraduate admissions. He found that the use of race as a factor in university admissions could withstand strict scrutiny.
7 minute read

Supreme Court Brief

Waiting for a New Justice, and a New Chance to Prevail

The California teachers who lost their challenge in the union-fees case this term hope to snatch victory from a 4-4 defeat by seeking a rehearing when a new justice is confirmed. Will the United States do the same in the immigration case?
21 minute read

New Jersey Law Journal

Unpublished Opinions for the Week of June 27, 2016

192 minute read

Daily Report Online

Carol Hunstein

In 1984, Carol Hunstein had been practicing law for eight years and had built up a busy solo practice after finding that law firms wouldn't hire her. Had it not been for one particular judge, she might never have decided to run—against him.
4 minute read

Daily Report Online

Jason Burnette, 39

As a clerk for U.S. Supreme Court Chief Justice John Roberts during the 2007-08 term, Jason Burnette had a front row seat to some memorable decisions: affirming an individual's right to possess a gun, providing Guantanamo detainees a right to challenge their detentions in federal court, limiting capital punishment and upholding Indiana's voter identification law.
8 minute read

The Legal Intelligencer

Understanding Standing After 'Spokeo v. Robins'

One of the most basic elements of federal-court practice is that a plaintiff must have constitutional "standing" to maintain a suit in federal court. In the closely watched case, Spokeo v. Robins, 578 U.S. No. 11-56843 (2016), the U.S. Supreme Court was faced with a frequently recurring issue—whether the mere violation of a statute itself constitutes an "injury in fact"—the "first and foremost" of the three standing requirements. "Injury in fact" is one of those legal concepts that makes intuitive sense—you have to be actually harmed before you can sue. But it can create confusion when you try to apply it to a particular case, as evidenced by the conflicting lower-court rulings that prompted the court to grant review in Spokeo.
14 minute read

New York Law Journal

Fair Housing Claim Revived in Property Restoration Suit

The Second Circuit has revived a suit over whether it's reasonable for a town to require a couple to restore a property for which they had previously obtained variances to build a fence to protect their disabled child and an above-ground pool for aquatic therapy.
9 minute read

National Law Journal

Microsoft Says RJR Ruling Bolsters Search Warrant Challenge

One day after the U.S. Supreme Court decided a key question on the global application of federal laws, Microsoft Corp. seized on the decision to bolster its argument that the United States cannot enforce a search warrant for emails stored on a foreign computer.
9 minute read

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