FindLaw

Why U.S. News and World Report Should Include A Diversity Index in its Ranking of Law Schools

2010-03-12T00:00:01Z

(Vikram Amar and Kevin Johnson, for FindLaw's Writ) -- 'Tis the season to be, if not jolly about, at least aware of, one of the most prominent law school rankings systems; the U.S. News and World Report's annual law school survey will issue in about a month.......(read more)

Is the IRS the Most Trustworthy Agency in the Country? Even Republicans Seem to Think So

2010-03-11T00:00:01Z

(Neil Buchanan, for FindLaw's Writ) -- As the United States moves on after the recent suicide bombing attack on an IRS office building in Austin, Texas, it is an appropriate moment to think about the role that the IRS and its employees play in America today........(read more)

A Public School Allegedly Spies on Students By Using Webcams on Laptops: Is Such Surveillance Legal?

2010-03-09T00:00:01Z

(Anita Ramasastry, for FindLaw's Writ) -- Recently, a high school student and his family sued his public high school, claiming that it had violated their privacy. They allege that the school had provided students with laptops; remotely activated webcams that it had installed on the laptops; and used the webcams to remotely view students.......(read more)

Justice Scalia Suggests that the Legal Academy is Out of Touch: Is He Right?

2010-03-08T00:00:01Z

...(read more)

Divorce Denied: "Social Abandonment" is Insufficient Grounds in New York

2010-02-03T22:08:01Z

(Joanna Grossman, for FindLaw's Writ) -- "Social abandonment" is not a recognized ground for divorce in New York, according to a recent ruling by an appellate court. According to the court's logic, the mere fact that a woman's husband has refused to eat meals with her, attend family gatherings, or otherwise interact with her in a social manner may well prove that they have "irreconcilable differences," or that they are suffering in a "dead marriage." But, the court reasoned, that does not entitle...(read more)

Filling the Vacancies on the U.S. Court of Appeals for the Third Circuit

2010-02-03T22:08:01Z

(Carl Tobias, for FindLaw's Writ) -- When President Barack Obama took the oath of office, the United States Court of Appeals for the Third Circuit was experiencing openings in two of its 14 judgeships. Thus, it was important for the new Chief Executive to promptly fill these vacancies. And President Obama did just that: The White House soon nominated two well-qualified U.S. District Judges, Joseph Greenaway and Thomas Vanaskie. The Judiciary Committee approved both. However, the Senate has not yet...(read more)

Why Florida's Ban on Judges' "Friending" Lawyers on Facebook Is the Right Call

2010-02-03T22:08:01Z

(Anita Ramasastry, for FindLaw's Writ) -- Many lawyers have Facebook pages and, it turns out, so do many judges. Recently, however, the Florida Judicial Ethics Advisory Committee ("The Committee") decided that, in Florida, judges may not ethically "friend" lawyers on Facebook -- or other social networking sites -- if the lawyers may appear before them.......(read more)

Political Power in the Auto Industry: Why Did Congress Protect Car Dealers?

2010-02-03T22:08:00Z

(Neil Buchanan, for FindLaw's Writ) -- Last Thursday, the U.S. House of Representatives passed an omnibus spending bill that included an unusual non-spending provision: If General Motors and Chrysler want to stop doing business with any of their dealers, the dealers may appeal that decision through arbitration. The two auto companies have announced plans to discontinue their business relationships with more than 2,000 dealerships across the country. Thus, this provision (if it becomes law) will potentially...(read more)

Can Unwed Fathers Block Adoptions? Navigating a Tricky Legal Terrain

2010-02-03T22:08:00Z

(Joanna Grossman, for FindLaw's Writ) -- When can an unwed father's biological child be adopted without his consent? In a recent ruling, the Nebraska Supreme Court held that the state's statutory scheme for determining the rights of unwed fathers was unconstitutional as applied to the plaintiff before them an unwed father who had not been adjudicated to be a legal father, but who had maintained a longstanding familial relationship with the child.......(read more)

The Constitutional Fight Over Holiday Symbols, and the So-Called "War on Christmas"

2010-02-03T22:08:00Z

(Marci Hamilton, for FindLaw's Writ) -- Recently, the ACLU threatened to sue Luzerne County, Pennsylvania, for putting a crèche and menorah on its courthouse lawn during the holidays. The primary constitutional problem was that the religious displays were in front of a courthouse and not tethered to a neutral government purpose.......(read more)

A First Look at the Military Commissions Act of 2009, Part Three

2010-02-03T22:08:00Z

(Joanne Mariner, for FindLaw's Writ) -- Umar Farouk Abdulmutallab, arrested on Friday after he apparently tried to blow a hole in a Northwest Airlines jet, is now facing terrorism charges in federal court in Michigan. The criminal complaint in his case alleges that there is probable cause to believe that he violated 18 U.S.C. § 32, which, among other things, establishes criminal penalties for any attempt to place a destructive device or substance in, upon, or in proximity to an aircraft, if that...(read more)

Should Courtroom Proceedings Be Covered Via Twitter? Why the Better Answer is "Yes"

2010-02-03T22:08:00Z

(Anita Ramasastry, for FindLaw's Writ) -- Celebrities, journalists, and ordinary people alike now use Twitter to keep others informed about their lives and activities. Twitter allows us to get small doses of messaging and up-tothe-minute accounts about our friends, and to reach our fans if we have some. The appeal of Twitter in the courtroom is natural: Journalists and other court-watchers can instantly report on what is happening in a trial, from the dramatic testimony of a witness, to the...(read more)

Libel by Twitter? The Suit Against Kim Kardashian over the "Cookie Diet"

2010-01-04T00:00:01Z

(Julie Hilden, for FindLaw's Writ) -- Twitter's famous 140-character limit for "tweets" that is, posted comments has a number of advantages, such as allowing readers to access succinct updates about people and events they are following, in something close to real time.......(read more)

A Federal Appeals Court Wrongly Allows A Public High School to Ban Message T-Shirts

2009-12-30T00:00:01Z

(Julie Hilden, for FindLaw's Writ) -- Can a public high school ban its students from wearing T-shirts bearing printed messages, unless those messages support the school or its teams, clubs, or activities? A Texas case raises this interesting question and the high school student who brought that case, Pete Palmer, would like to see the case go all the way to the U.S. Supreme Court. If the Court does take the case, Palmer should prevail.......(read more)

The Ninth Circuit Forbids Discovery of Proposition 8 Internal Strategy and Organization Documents

2009-12-18T00:00:01Z

(Vikram Amar, for FindLaw's Writ) -- In this column, I analyze recent events in the federal constitutional litigation currently set for trial in federal district court early next year -- challenging Proposition 8, California's state-law ban on same-sex marriage. (Readers who want additional background and commentary on this litigation may be interested in Part One and Part Two of my earlier series of columns for this site.)......(read more)