The California Supreme Court may have made their decision on same-sex marriage but no one thought it would be the end of the debate. Bringing the California ban on same-sex marriage into the federal court system is no longer a question of if it will happen but when. Though opponents of the ban are anxious to have it overturned, they are wary of the environment they are in. No matter what you believe in regards to how Supreme Court Justices should make their decisions, there is no denying that in the past, interpretations and decisions have gone far beyond the text of the Constitution. As the document is silent on the issue of marriage entirely, it will be up to the Court to determine where they will draw their decision from. Where the national consensus lies at the time of a decision could play a large role for the Justices on the bench as it has with past civil rights and liberties cases.
Determining when to bring the ban will require a great deal of observation and research on behalf of both sides of the debate. With only three states currently allowing same-sex marriage, and two to introduce the union in the fall, it would be difficult for gay rights activists to defend a consensus in their favor at present. Same-sex marriage proponents have been adamant over the past few days about holding off on lawsuits until they are sure they can make a convincing case. In spite of their pleas, two prominent and unexpected lawyers have already started on the path to the high court.
The Recorder is reporting that Theodore Olsen and David Boies, former opponents from the Bush v. Gore case in 2000, have teamed up to fight the ban in federal court starting this summer. While the two have impressive resumes, including experience with the U.S. Supreme Court, they've presented themselves with quite a challenge in this particular case.
Source: Law.com
Friday, May 29, 2009
California debate is far from over
Thursday, May 28, 2009
Notable Morning Stories....
Wednesday, May 27, 2009
Notable Morning Stories ....
Fastcase Research Tip: Save Time With Your Print Queue
You don't have to get up an run to the printer every time you print a document on Fastcase. Instead, use your print queue to store up to 20 cases that you want to print, and you can print them all at once. For example, when you want to print a series of cases cited in opposing counsel's brief:
1. List the citations and separate them with commas.
3. Click the printer to the left of each case to add them to your print queue.
Click here to watch a very short (3.25 minutes) tutorial about batch printing: Batch Printing Tutorial
Tuesday, May 26, 2009
BREAKING: California Supreme Court Opinion Upholds Prop. 8 Same-sex Marriage Ban
The California Supreme Court has upheld the same-sex marriage ban of last year's Proposition 8 in a 6-1 decision. The court unanimously agreed to let stand marriages that pre-dated the proposition.
We'll post the full text of the opinion on Fastcase soon, but in the mean time, here's a link to the opinion on Scribd:
Prop 8 Ruling - Cal Sup. Ct
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- Preferably 3-5 years of consultative sales experience
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President Obama Nominates Sotomayor to Supreme Court
President Barack Obama this morning nominated Second Circuit Judge Sonia Sotomayor to the U.S. Supreme Court.
Judge Sotomayor attended Princeton University for her undergraduate education and recieved her J.D. from Yale University. Judge Sotomayor was nominated in 1991 by President George H.W. Bush to serve as a federal judge in the Southern District of New York, and in 1997 by President Bill Clinton to the U.S. Court of Appeals for the Second Circuit. Judge Sotomayor was born in a housing project in the South Bronx to Puerto Rican parents, and if confirmed, she would be the first female Hispanic justice. She would fill the vacancy left by retiring Justice David Souter.
You can find a biography of Judge Sotomayor in the New York Times. For a list of cases the judge has decided, click here. (Fastcase subscription or 24 hour trial required).
Updated:Obama to Announce Supreme Court Pick at 10:15 AM EST
Obama to Announce Supreme Court Pick at 10:15 AM EST
Who do you think the nominee will be? Write your selection in the comments!
Update 8:42 AM: Looks like the news has come out earlier than we expected. The New York Times has reported that Obama has selected Judge Sonia Sotomayor as his Supreme Court Nominee.
Vista Service Pack 2 Released (SP2)
Notable Morning Stories ...
Obama Set to Create A Cybersecurity Czar With Broad Mandate
~ The Washington Post
California Supreme Court to issue Prop. 8 decision today
~ Los Angeles Times
Friday, May 22, 2009
Giuliani Will Probably Lose Breach of Contract Suit Against Duke University Golf Team
Among the numerous golf puns is a paragraph where Dixon compares Giuliani's argument to a scene from Caddyshack*:
"Plaintiff's promissory estoppel claim, which was not argued in his brief, brings to mind Carl Spackler's analysis from the movie Caddyshack (Orion Pictures 1980): 'He's on his final hold. He's about 455 yards away, he's gonna hit about a 2 iron, I think.' North Carolina does not recognize affirmative claims of promissory estoppel..."
Above the Law did a great job of collecting media golf references in reporting the Giuliani story:
ESPN: Giuliani's lawsuit against the school did not make par.
NY Daily News: Andrew Giuliani...ended in the rough this week.
The News and Observer: ...Andrew Giuliani's case belongs in the drink.
Read this opinion on Fastcase here. If you don't have a subscription, feel free to use a free 24 hour trial.
Source: NY Times
*Watch Bill Murray's original performance of Judge Dixon's Caddyshack quote here.
Fastcase Research Tip: Client-Matter Research Folders
Fastcase is always looking for ways to help you customize your research. One way that many lawyers do this is to save favorite searches or favorite cases as "Favorites" in Internet Explorer (or "Bookmarks" in other browsers). Because every page on Fastcase has a unique web address, you can save any page as a favorite (CTRL+D on Explorer and Firefox), and when you next log into Fastcase, you can call up the exact same page. For bonus points, you can create a Fastcase folder in Favorites, then create subfolders for each client, and even sub-subfolders for each separate matter.
You can save pertinent cases, or even really good results lists – one more way to customize your research history on Fastcase!
Thursday, May 21, 2009
Vermont Rules No Recovery For Pet Loss
The Vermont Supreme Court dismissed pet owner claims following the deaths of two cats who were being treated for hypertension. Two questions were at issue in this case:
1) Whether noneconomic damages are available when a pet dies due to negligent or wanton acts of veterinarians
2) Whether a claim for negligent infliction of emotional distress is available where a pet dies while its human companion is in the zone of danger.
The Court ruled that the plaintiffs failed to demonstrate any reason why public policy should support recovery for noneconomic damages related to the death of a pet. It reasoned that under law, people may only recover for the loss of their next of kin (which bars recovery for the loss of a grandchild, for example).
The Animal Health Institute submitted a "friend of the court brief" stating that allowing this type of recovery will increase the cost of pet care and will disadvantage all pets. In it's post-verdict statement, the AHI commended the Vermont Supreme Court pointing out that owners can already be compensated for out of pocket expenses.
Read the opinion on Fastcase here.
Source: PR Newswire
Wednesday, May 20, 2009
FTC Shuts Down "One of the Most Aggressive Telemarketing Schemes" Ever Encountered
Wondering what the Federal Trade Commission has done for you lately?
If you're like millions of Americans who've recently received "robocalls" about an extension on your vehicle warranty, rest assured that the FTC is asking a federal court to shut down the allegedly deceptive promoter and telemarketing companies responsible for the calls. In its complaints, the FTC contends that the scheme uses random and prerecorded phone calls to deceive customers into thinking that their auto warranties are about to expire. The complaint goes on to allege that those who respond to the calls encounter live telemarketers who portray the product as an extension of the manufacturer's original warranty when it is really a vehicle service contract.
On Friday, U.S. District Court Judge John Grady signed an order barring Network Foundations and Voice Touch Inc. from continuing the calls.
We've received dozens of these calls at Fastcase -- and we're pretty sure our auto warranties are current. Additionally, our team members and our friends also report being called at home and at work -- some have even stopped answering their mobile phones because of this scam. The national "Do Not Call Registry" may not offer complete protection from telemarketing scams, but if you'd like to add your number, you can do so here: Join the National Do Not Call Registry.
Source: FTC Press Release
Armed but not quite dangerous
Tuesday, May 19, 2009
Fastcase Webinar for NACBA, May 20th
To you I leave my...passwords?
Monday, May 18, 2009
U.K. Moves Away From "Anti-Competitive" Lawyer Owned Solicitor/Barrister Partnerships
Today, only solicitor and barrister partnerships owned by the lawyers themselves may be licensed to provide legal services. However, the Legal Services Act of 2007 may change that as soon as 2011. The Legal Services Board has announced that it will end this anti-competitive practice and that, down the road, legal advice will be available from many providers - including large brands. Additionally, accountants and lawyers will be allowed to form partnerships and law firms will be allowed to list on the stock exchange.
Proponents say that the increased competition will allow the public access to better legal advice and will allow customers to get more advice over the phone and online. They predict that "old style lawyers" will not survive these changes.
Opponents argue that the government is "robbing the public of access to good quality, local legal service."
Source: BBC
Saturday, May 16, 2009
Cheerios Told to File a New-Drug Application If It Wants to Continue to Claim It Will Lower Cholesterol
The FDA sent a letter to General Mills informing them that the claim that Cheerios can "lower your cholesterol 4 percent in six weeks" makes it a drug under federal law. The letter informs General Mills that Cheerios is "misbranded" because it "bears unauthorized health claims in its labeling."
Cheerios isn't the only breakfast food being investigated by the federal government. The FTC recently released a statement that Kellogg Company settled in a dispute over whether Frosted Mini-Wheats really was "clinically shown to improve kids' attentiveness by nearly 20%."
You can read the letter on the FDA's website here.
Read the FTC's press release here.
The Cheerios website has been updated to say that the science is not in question.
Source: ABA Journal
Thursday, May 14, 2009
Law Students Successfully Argue Some Three Strikes Sentences Too Harsh
Students in Stanford's Criminal Defense Clinic are aiming to help prisoners convicted under California's three-strikes law. The law imposes a sentence of at least 25 years for even a nonviolent crime if the offender's criminal history includes at least two violent or serious crimes. Since September, students have persuaded judges to lessen the sentences of four prisoners. The students then work with prosecutors to find temporary shelter and job training for freed prisoners.
The LA Times details two of the freed prisoners here.
Source: LA Times
Wednesday, May 13, 2009
Fastcase Webinar for the State Bar of Wisconsin, May 14th
Some "Facebook Discovery" is Illegal According to Recent Advisory Opinion
The Philadelphia Bar Association recently issued an opinion stating that it is unethical to have a third party friend a witness on Facebook for the purpose of gaining information about that person.
The advisory opinion called third party friending a "deceptive" practice which violates several Pennsylvania Rules of Professional Conduct like: Rule 5.3 - Responsibilities Regarding Nonlawyer Assistants, Rule 8.4 - Misconduct, and Rule 4.1 - Truthfulness in Statements to Others.
You can read the advisory opinion here.
Source: ABA Journal
Tuesday, May 12, 2009
Could You Pass Professor Obama's 1996 Constitutional Law Exam?
As you know, Barack Obama used to lecture at the University of Chicago. Have a look the Constitutional Law Exam that Barack Obama gave in 1996.
The full exam is available here.
Answer explanations are here.
Check out this NY Times article about Obama's views on the Supreme Court while he was a professor and how it they might his choice in replacing Justice Souter.
Source: Constitutional Law Prof Blog
Monday, May 11, 2009
Former Nebraska Quarterback Sues College Football Video Game
Sam Keller, former quarterback for Nebraska has sued EA Sports and the NCAA saying that the names and likenesses of college athletes are being used illegally in its products. The class action suit contends that EA Sports is profiting from these names and likenesses. Keller and his lawyer, Rob Carey, seek to bar EA from using names and likenesses and are looking for pay for those athletes who have already been portrayed in the games.
The suit alleges that EA contracts with the NCAA's licensing company to replicate logos, uniforms, mascots, and stadiums. The NCAA bylaws prohibit using players' names and likenesses in for-profit games. NCAA spokesman stated Thursday that no such use occurred here and that the case will likely be thrown out.
Source: AP
Friday, May 8, 2009
Reality TV Comes to the US Congress: CNN to Document Two Freshmen Representatives
Now you can watch freshman Congressman Jared Polis (D-CO) and Congressman Jason Chaffetz (R-UT) get acquainted with life in DC.
You can watch the "Freshman Year" video on CNN.com.
Read the NY Times article about it here.
Wednesday, May 6, 2009
Report Shows Media Freedom Down Worldwide
A report out by NGO Freedom House finds that "negative trends" outweigh "positive movements" in almost every world region including the former Soviet Union, the Middle East, and North Africa. This is the seventh straight year that media freedom has declined.
Read the report here.
Source: CNN
Fastcase Webinar for the Illinois State Bar Association, May 7th
Tuesday, May 5, 2009
Fastcase Webinar for NACBA, May 6th
Monday, May 4, 2009
Local Governments Using Kelo to Condemn Property Despite State Law
You'll recall that when the new, broader standard for government takings came down in Kelo v. City of New London, states rapidly passed legislation limiting such takings (see a map of how states dealt with Kelo here). More than forty states passed laws excluding the term "economic development" from the reasons government may take a property.
However, property owners are learning the hard way that this exclusion probably was not enough. Most states still allow localities to condemn properties deemed to be "blighted." Governments are construing this undefined term so broadly that almost any property could be determined to fit the definition.
For example, the City of St. Louis condemns for "blight" when properties are "an economic or social liability." James Roos, a landlord, says St. Louis condemned his building even though it was a decent place where two families live. The city attorney defended the move saying that Roos's buliding was rundown and that the city had a legitimate interest in redevelopment.
Experts say that the solution here is definine "blight." Eminent domain, of course, can be a useful solution, they say, but municipalities need to be discouraged from abusing the authority.
Source: Wall Street Journal
Footnote: Here's a link for brushing up on your Eminent Domain law: Eminent Domain
