B.W.A. v. Farmington R-7 Sch. Dist., No. 07-3099. A Missouri school suspended several students for wearing clothing depicting the Confederate flag to school. The school had experienced several racially charged incidents in the past and, therefore, banned wearing of the Confederate flag. The students sued the school, asserting that their First Amendment rights had been [...]
Archive for January, 2009
Eighth Circuit agrees with school ban of Confederate flag.
Posted in Constitutional Law on January 30, 2009 | Leave a Comment »
In Texas, reduced attorney rate is a political donation.
Posted in Constitutional Law, Ethics, Politics on January 29, 2009 | Leave a Comment »
Texas Supreme Court Justice Nathan Hecht publicly endorsed Harriet Miers’ nomination to the United States Supreme Court, which led to charges against him by the Texas Commission on Judicial Conduct. Hecht’s attorneys, the Jackson Walker law firm, charged him a reduced rate for their representation. Then, the Texas Ethics Commission fined Hecht $29,000 for the [...]
Congress provides remedy for pay discrimination with the Lilly Ledbetter Fair Pay Act of 2009.
Posted in Constitutional Law, Employment Law on January 29, 2009 | Leave a Comment »
For an interesting account of the law preceding this bill, click here or here.
Second Circuit upholds New York’s ban on nunchucks.
Posted in Constitutional Law, Criminal Law on January 28, 2009 | Leave a Comment »
Maloney v. Cuomo, No. 07-0581-cv. The Second Circuit Court of Appeals holds that the ban does not violate the Second Amendment of the Federal Constitution. This ruling is interesting when compared to Arkansas, where Arkansans are seeking an “open carry” statute. To see the petition, click here.
Wiccan inmate cannot have tarot cards in his cell according to the Eighth Circuit.
Posted in Constitutional Law, Criminal Law on January 28, 2009 | 2 Comments »
Singson v. Norris, No. 08-1570. Plaintiff sued the Arkansas Department of Corrections (“ADC”), claiming that the restriction upon tarot cards violated his rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). While in prison, plaintiff must check out tarot cards from a chaplain. An ADC expert testified that the policy prevented (1) gambling, [...]
Executions on hold in Missouri because current procedure was not adopted as an “official rule.”
Posted in Constitutional Law, Criminal Law on January 26, 2009 | Leave a Comment »
Missouri has not held any executions since 2005 because of this problem. For a full account, see here.
Eighth Circuit requires Atkins hearing for a death-row inmate who claims to be mentally retarded.
Posted in Constitutional Law, Criminal Law on January 23, 2009 | 2 Comments »
Sasser v. Norris, No. 07-2385. Andrew Sasser was convicted of murdering Jo Ann Kennedy and sentenced to death. His conviction and sentence was affirmed by the Arkansas Supreme Court. In 2002, the United States Supreme Court held that the execution of a mentally retarded person is cruel and unusual punishment under the Eighth Amendment in [...]
Arkansas Court of Appeals explains difference between void title and voidable title.
Posted in Property Law on January 23, 2009 | Leave a Comment »
Pine Meadow Autoflex, LLC v. Taylor, No. CA08-299. Pine Meadow sold and financed a used vehicle to David Cates, who became delinquent on his payments and then filed for bankruptcy. While seeking bankruptcy, Cates applied for a duplicate title to the vehicle and supplied the State with a fraudulently executed release of lien by Pine [...]
Eighth Circuit holds that lack of testing is an important consideration in determining reliability of an expert’s opinion under Daubert.
Posted in Practice & Procedure on January 22, 2009 | Leave a Comment »
Presley v. Lakewood Eng’g & Mfg. Co., No. 07-3846. In this fire loss case, plaintiffs asserted that a manufacturing defect in a Lakewood heater caused a fire in plaintiffs’ home. Plaintiffs’ claim was based on expert opinions that the fire was caused from a defective crimp on a high resistance wire connection in the heater’s [...]
United States Supreme Court will not revive child pornography law–Child Online Protection Act of 1998.
Posted in Constitutional Law on January 21, 2009 | Leave a Comment »
For an account of the court’s ruling, go here.
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