There is no doubt that lawyering is stressful. And it is even more difficult for solo practitioners, who often do not have much of a safety net or support team. Stress is bad in and of itself, but it can also lead to other mental and physical problems. Here are a few tips to ease stress and boost your mental health. Put Yourself First Make self-care an active practice in your life....
Miller v. Alabama was an odd half-measure after a series of full-measures. In prior related cases, the Supreme Court had issued outright bans on the death penalty for minors and on life-without-parole sentences for non-homicide juvenile offenders. Then came Miller. Its holding, oddly enough, was close to an outright ban on life-without-parole for murderers. Only it wasn’t. Instead, these sentences are subject to heavy scrutiny, and must only be imposed after an “individualized” determination of the offender’s age, childhood, life experience, degree of responsibility the youth was capable of exercising, and the chances for rehabilitation....
On Tuesday, the Supreme Court will hear oral arguments in Filarsky v. Delia, a qualified immunity case challenging a Ninth Circuit Court of Appeals decision that government-employed lawyers are entitled to qualified immunity, but private lawyers working on a case-by-case basis for the government are not. While this isn’t the type of case that would typically pique the public’s interest, the outcome could make private lawyers reconsider whether they want to take on government projects....
In the latest ruling from the U.S. Supreme Court, an 8 to 1 majority opinion held that the Fourth Amendment’s vehicle exemption did not apply to a motorcycle, stored under a tarp, on the curtilage of an individual’s home. The basic facts are reminiscent of a deceivingly complex bar exam question. An officer suspected an individual was in possession of a stolen motorcycle that was involved in a couple serious traffic incidents....
This case deals with a company going through a world-wide bankruptcy involving multiple nations’ courts, U.S. Bankruptcy Court, the Third Circuit, and New York law – confused yet? We were until we got down to the nitty gritty – and realized this was a basic Contracts 101 case. Nortel Networks is comprised of various brands, each with their own business lines, assets and intellectual property. Being a multinational corporation, Nortel’s brands were located across the world in the United States, Europe, Africa, Canada and the Middle East....
So we finally found out #WhoKilledSam, and it was… Wes? “Kill Me, Kill Me, Kill Me” had its hand on the suspense tiller for this one, initially teasing that Michaela had somehow killed him by causing him to fall over the railing. And as you may have guessed, this “Winter Finale” of “How To Get Away With Murder” had very little to do with the law. #HTGAWM in 140 Characters: More flashbacks & puzzle put together....
Defendant’s conviction and sentence for possessing and using a chemical weapon and mail theft, arising from her efforts to poison a former friend, is affirmed where: 1) defendant lacked standing to pursue her Tenth Amendment challenge to the constitutionality of 18 U.S.C. section 229; 2) section 229 is neither vague as applied to defendant’s actions nor overbroad in its relation to constitutionally protected behavior; 3) search warrants were validly sought and approved as supported by sufficient evidence; and 4)district court did not err in assigning defendant a two-level sentence enhancement for using a special skill in a manner that significantly facilitated the commission or concealment of the offense....
Defendant’s sentence for illegal reentry into the U.S. is affirmed where an attempted robbery under California law is coextensive with the same offense at common law, and therefore the California offense was a “crime of violence” under the Sentencing Guidelines. Read US v. Saavedra-Velazquez, No. 08-10078 Appellate Information Argued and Submitted April 14, 2009 Filed August 21, 2009 Judges Opinion by Judge Reinhardt Special Concurrence by Judge Reinhardt Counsel For Appellant:...
Petition for review of the BIA’s dismissal of petitioner’s appeal of an Immigration Judge’s decision denying petitioner’s petitions for asylum is denied where material witnesses for the government, such as petitioner, did not constitute a protected social group. Read Velasco-Cervantes v. Holder, No. 08-73295 Appellate Information Argued and Submitted December 11, 2009 Filed January 27, 2010 Judges Opinion by Judge Beezer Counsel For Petitioner: Rosaura Rodriguez, Rios Cantor, P.S., Seattle, WA...
The Sixth Circuit Court of Appeals issued an unpublished opinion this week finding that a district court did not abuse its discretion in vacating a front pay award for a disabled vet who sued the Army for constructive discharge. James McKelvey, an Army veteran, lost his right hand and sustained other injuries while attempting to diffuse a roadside bomb in Iraq. (McKelvey knows a thing or two about hostile work environments....
“The only reason women have the right to choose is because it’s determined that there are unenumerated rights coming from the Ninth Amendment in the Constitution.” President Joe Biden spoke these words two years ago in a Democratic debate among presidential candidates. “The which Amendment?” you might find yourself wondering—and you wouldn’t be alone. The redheaded stepchild of the Bill of Rights is undoubtedly one of the most overlooked provisions (perhaps along with the Third Amendment) of an otherwise elite group of words that are foundational to our democracy....
It took only a few years for marijuana to gain legality in much of the country. Could the same rapid acceptance be looming for psychedelic drugs? Starting with Denver in 2019, several cities have decriminalized possession of plant- and fungi-based psychedelics such as psilocybin mushrooms. Then, in November 2020, Oregon became the first state to legalize psilocybin, the psychedelic compound found in “magic mushrooms,” for therapeutic use. Voters there approved legal psilocybin by ballot question and also approved a separate measure to legalize possession of all drugs....
Lucky us. Across this fine nation, there are 84 vacancies in federal courts, 68 in U.S. District Courts, and 16 on U.S. Courts of Appeal, according to the fine folks at Courthouse News Service. If you’ve been following judicial appointments at all in the past couple years, you’ll recognize that even when an appointment is made, the Senate refuses to confirm. Good old gridlock. Superior Court Judge Beverly Reid O’Connell finally cleared that gridlock on her second trip through the Senate confirmation process, by a vote of 92-0....
In just the past year, the Second Circuit has decided at least four 9/11 related cases. It reversed a district court decision, resulting in bringing Saudi Arabia back into litigation, and it affirmed (on other grounds) a district court’s dismissal of Con Edison’s negligence claims against the World Trade Center building developers. More recently, the Second Circuit heard oral arguments in a case where atheists are challenging the inclusion of a steel cross, created by debris in the wreckage of the World Trade Center collapse, in a 9/11 museum, and just last week heard arguments in a case that will likely drag former Attorney General John Ashcroft back into court regarding the treatment of 9/11 detainees....
Just google “Charleston short term rental ordinance,” and you’ll see the South Carolina city is struggling like many others nationwide to legislate the Airbnb-ification of American homes. Since the law went into effect last summer, the city council and residents have debated, amended, and seen vigorous enforcement of an ordinance that carries a criminal conviction and thousand-dollar fine per violation. And, of course, they are seeing lawsuits as well. One even claims the law is unconstitutional....
The short answer: yes, but not by yourself. As colder temperatures set in across much of the country, wild animals are more likely to dig through trash in search of food, bringing them closer to humans. It is also not uncommon for sympathetic people to offer food to hungry wildlife. But when you spot a neighbor feeding larger animals that could be dangerous, where is the legal line between a bird feeder and offering dog food to coyotes?...
The Supreme Court is catching a lot of flak for figuratively punting on the census question issue in Department of Commerce v. New York and the gerrymandering issue in Rucho v. Common Cause. But there was one case that the justices actually punted to the next term. The Court passed on deciding Carpenter v. Murphy, restoring it to their calendar for reargument. So, what’s going on? No Decision The essential question is whether the State of Oklahoma has criminal jurisdiction over Native Americans on land that was once set aside as a reservation....
In US v. Marcavage, No. 09-3573, the Third Circuit faced a challenge to a conviction of defendant for violating the terms of a permit and interfering with agency function, arising from his refusal to move his anti-abortion demonstration from the sidewalk in front of Liberty Bell to a nearby location. In vacating the conviction, the court held that the sidewalk at issue, as a thoroughfare sidewalk, seamlessly connected to public sidewalks at either end and intended for general public use, is a traditional public forum....
The Eighth Circuit decided one criminal matter involving a defendant’s attempt to represent himself, and one employment discrimination case. In US v. Washington, No. 08-3678, the court of appeals affirmed defendant’s conviction for distribution of a controlled substance, holding that: 1) the record did not suggest that defendant’s counsel was unprepared or inadequate as counsel, and thus defendant was not effectively compelled to represent himself; 2) despite defendant’s admission that his self-representation request was both untimely and for an improper purpose, neither concession served as a basis for reversing the district court’s decision to grant his request; 3) there was no abuse of discretion in the district court not ordering a competency evaluation or holding a competency hearing; and 4) there was sufficient evidence to sustain defendant’s convictions....
A question simply phrased, yet without a simple answer. Twice before, the Ninth Circuit has had the opportunity to decide this question. Twice they have assumed, without deciding, that Baston does prohibit the use of peremptory strikes to remove homosexual jurors for no reason other than their sexual preference. Now, in the unlikeliest of cases, an antitrust dispute between two massive pharmaceutical companies, they’ll once again have their chance, reports The New York Times....
