Last month, I joined a panel discussion on blogging during a PLI program on social media led by LexBlog‘s Kevin O’Keefe. I explained how important following blogs through an RSS Reader is to keeping up to speed in a world where information moves more quickly than ever. I recalled that comment this week while thinking about … Continue Reading
This afternoon, the Illinois Supreme Court published its Call of the Docket [pdf] for the March term, and the Court will hear oral argument in six civil cases. The cases, with the issue or issues presented in each, are: March 16: Sheffler v. Commonwealth Edison Co.,No. 110166 – Does a complaint seeking both injunctive relief and … Continue Reading
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Sheffler v. Commonwealth Edison Co., 399 Ill.App.3d 51 (1st Dist., 2010), which involves the question of whether a complaint seeking injunctive and damages relief in connection with defendant’s alleged failure to give priority, in restoring power after … Continue Reading
In a landmark decision, Florida’s Third District Court of Appeal unanimously upheld a lower court’s ruling striking down as unconstitutional the state’s statute that prohibited gays and lesbians from adopting. In a 42-page opinion, Florida Department of Children and Families v. In re: Matter of Adoption of X.X.G. and N.R.G. (pdf), the Court found there … Continue Reading
Earlier this week, we discussed “advice and consent.” Can Senators legitimately ask a Supreme Court nominee about a hot button issue and expect a direct answer? Do Senators have the right to vote up or down on a particular nominee for purely political reasons? Now we turn from the question of what the confirmation process should … Continue Reading
Supreme Court confirmation hearings have come in for a lot of criticism in recent years. They’ve been called a “Kabuki Dance” and a process which has “take[n] on an air of vacuity and farce.” Amid all the discussion of whether or not nominees have become more evasive recently – a subject we’ll address later in the … Continue Reading
Yesterday, a divided U.S. Supreme Court affirmed the University of California, Hastings College of the Law’s right to condition official recognition of a Christian student group on the organization’s agreement to open eligibility for membership and leadership to all students – including homosexual students. In an opinion on behalf of a narrow 5-4 majority, Justice Ginsburg concluded … Continue Reading
“What do I do with this case?” asked Justice Breyer in the final minutes of oral argument Monday morning in Christian Legal Society v. Martinez [pdf]. Justice Breyer’s question underscored the apparent confusion regarding what exactly was being challenged in the Christian Legal Society’s case against Hastings College of the Law. Despite the acknowledged importance of the … Continue Reading
On April 19, the United States Supreme Court will hear argument in Christian Legal Society v. Martinez, the third constitutional law case involving a law school – this time UC Hastings – that has found its way onto the High Court’s docket in less than a decade. The root of the controversy is the law … Continue Reading
Within the past several weeks, Supreme Court Justice John Paul Stevens has dropped several hints that he might be about to announce his retirement. Even though nothing’s definite yet, the news media and the legal blogs are busy speculating about possible replacements. Here’s the roundup – both the “short list” and some of the long shots: … Continue Reading
The United States Supreme Court just issued an opinion holding that state statutes that purport to limit a claimant’s ability to bring a class action do not govern proceedings in federal court, even in a diversity case. Shady Grove Orthopedic Assoc., P.A. v. Allstate Ins. Co. began as claimant Shady Grove’s attempt to recover statutory interest … Continue Reading
This afternoon, the Illinois Supreme Court allowed petitions for review in eight new civil cases. They are: Williams v. Board of Review, 395 Ill.App.3d 337 (1st Dist., 2009), which involves review of a decision by the Board of Review of the Department of Employment Security to deny a terminated employee’s application for a Federally-funded trade readjustment … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Availability of Free Record. Were petitioner’s due process rights violated when the trial court denied him a free clerk’s record and reporter’s record pursuant to Tex. Civ. Prac. & Rem. Code § 13.003? Did petitioner waive his complaint by failing to raise constitutional arguments at the hearing on his request … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Takings, Standing. Does the operator of non-consent towing and storage facility have a sufficient property interest in the stored vehicles to support a takings claim? May the operator assert a claim under the Declaratory Judgment Act? Are operator’s claims moot since it is no longer licensed to operate a vehicle … Continue Reading
