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When it comes to the hot-button topic of political fundraising, everyday individuals tend to be in agreement that there should be no secrets when it comes to the money politicians and political groups receive. However, popular opinion does not create law and Citizens United happened. But in California, the Ninth Circuit just reversed a district court injunction and gave the state’s Attorney General the power to see who the anonymous donors are behind the Koch brother-founded conservative advocacy group, Americans for Prosperity Foundation (which reportedly just founded the Super PAC American for Prosperity Action)....

In consolidated petitions for review of the BIA’s denial of petitioners’ applications for permanent resident status, the petitions are denied where petitioners were ineligible to adjust to lawful permanent resident status via the “grandfathering” regulations implementing Section 245(i) of the Immigration and Nationality Act. As to one petitioner, his marriage occurred after his wife adjusted to lawful permanent resident status, and thus his wife did not impart grandfathered status to him....

Civil Rights Action by Deputy Sheriff In Lauck v. Campbell Cty., No. 09-8085, a 42 U.S.C. section 1983 action claiming that plaintiff deputy sheriff was improperly transferred and constructively discharged, the court affirmed summary judgment for defendants where 1) plaintiff’s claim that he was demoted and constructively discharged in violation of due process failed because he did not produce sufficient evidence that he was constructively discharged, was entitled to a hearing, or was provided an inadequate hearing; and 2) there was no merit to plaintiff’s First Amendment claim because he identified only one instance of speech that may be constitutionally protected, and he did not show a causal connection between that speech and the allegedly retaliatory action by defendants....

Three out or four lawyers say they plan to spend more on technology over the next year. Is that what your firm says? It is a real question because there is a difference between planning to spend and actually spending money on technology. In recent years, law firms have been reluctant to invest in tech for various reasons. For some, it’s just too expensive. Others say if it’s not broken, don’t fix it....

For many homeowners, November is the time to start putting up Christmas lights both inside and outside their homes. This is also the time where some in the media like to complain about too much “happy holidays” and not enough “merry Christmas.” But they miss the biggest perpetrators in the War on Christmas©: homeowners’ associations. If you belong to a homeowners’ association or a condo board, you might want to think twice before decking the outside of your hall with boughs of holly....

At the presidential Democratic debate in South Carolina late last month, Sen. Elizabeth Warren accused former New York City Mayor Michael Bloomberg of discriminating against a former employee who was pregnant. Warren then went on to share her own story about facing pregnancy discrimination when working for a school district in her early 20s. The anecdote was met by resounding applause from the debate crowd. It was evident that even though the story happened decades ago, it was all too familiar....

If you were on social media over the weekend, there’s a good chance you saw the latest group photos of the Supreme Court Justices. The new group shots were done so as to include rookie Justice Brett Kavanaugh. On social, more than just one well composed photo was shared. Many of the shots showed the Justices laughing, looking away, and grimacing (like that one emoji no one is really sure how to use)....

“If someone wants to stop us, then let them try to stop us.” Those are big words, from a big man, but so far, Governor Christie is being stopped, reports The Star-Ledger. The third time was definitely not the charm for New Jersey, who received a third decision, not in its favor, in its attempts to legalize sports betting in the state. The Professional and Amateur Sports Protection Act of 1992 (the Bradley Act) prohibits sports betting, but four states are exempted based on pre-existing sports gaming laws that were grandfathered: Nevada, Delaware, Oregon and Montana....

So your client took a plea bargain and (mostly) waived his right to appeal. You didn’t file a notice of appeal for him. Congratulations, you may have provided ineffective counsel, according to the Sixth Circuit Court of Appeals. Robert Campbell, a Lima, Ohio real-estate investor, was accused of participating in a mortgage-fraud conspiracy by falsifying mortgage documents, covertly paying borrowers’ closing costs, and flipping properties bought by a straw purchaser and resold to Campbell at an inflated price....

The Ninth Circuit Court of Appeals reinstated honest services fraud charges on Tuesday against six men involved in an illegal truck drivers license scheme, reports The Associated Press. The en banc opinion touched on whether breach of fiduciary duty is an element of honest services mail fraud, whether the defendants were properly indicted for honest services fraud, and whether the government is required to establish economic harm to prove an honest services charge....

In US v. Utesch, No. 08-5828, the Sixth Circuit faced a challenge to the district court’s denial of defendant’s motion to dismiss his indictment for violating the Adam Walsh Sex Offender Registration and Notification Act of 2006 (SORNA). As stated in the decision: “On February 28, 2007, U.S. Attorney General Alberto Gonzalez issued an immediately effective interim rule applying SORNA to all sex offenders, including sex offenders convicted of the offense for which registration is required prior to the enactment of the Act....

In a bit of sad news, retired SCOTUS Justice Sandra Day O’Connor told the world in an open letter that she will be withdrawing from public life due to a dementia diagnosis that is “probably Alzheimer’s disease.” At 88 years old, Justice O’Connor explains that she wants to be the one to tell everyone about her condition and share some personal thoughts while she still can. When Justice O’Connor retired, she committed to use her remaining time to advance civic education and engagement....

Sovereign immunity is a gift to states and state agencies, but not all sovereigns capitalize upon that gift. Some, like the Indiana University School of Dentistry, actually squander it, according to the Seventh Circuit Court of Appeals. Sung Yeun Park wanted to be a dental surgeon when she enrolled at the Indiana University School of Dentistry (IUSD), a public university program, in 2006. After a year at the school, Park began to experience a series of serious setbacks, including several failing grades and allegations of professional misconduct....

The Supreme Court reconvened this morning for the first oral arguments of the October 2015 term. The last term was full of headline-making cases. The Court recognized a fundamental right to same-sex marriage. It upheld Obamacare against another of seemingly endless challenges. It drastically reshaped public signage laws. (Okay, they can’t all be sexy cases.) This term promises to be just as important, if not more. It all starts today. Here are the cases we’ll be watching as the term unfolds....

If you represent a criminal defendant who is up for resentencing on remand, a new Third Circuit Court of Appeals opinion could be good news for your client. This week, the Third Circuit has clarified when post-sentencing rehabilitation considerations are appropriate in resentencing. The court rejected Salinas-Cortez’s request to consider his post-sentencing rehabilitation, and reimposed the original sentence. A week later, the Supreme Court decided United States v. Pepper. Salinas-Cortez appealed again, arguing that the district court erred in refusing to consider any evidence of his post-sentencing rehabilitation on remand as permitted by Pepper....

In an action under the Administrative Procedure Act arguing that approval by the EPA of the State of Iowa’s 2004 section 303(d) lists violated several aspects of the Clean Water Act, dismissal of plaintiffs’ complaint is affirmed where: 1) the record did not support plaintiff’s claim that the EPA’s partial approval of Iowa’s section 303(d) list was arbitrary and capricious; 2) section 303(d) allows the EPA to include all impaired waters on a state’s section 303(d) list, but it does not require the EPA to include impaired waters where the EPA has determined the impairment is due to something other than a pollutant; 3) the EPA did not err in dealing with various aspects of Iowa’s listing methodology....

U.S. News & World Report released its list of best legal writing programs for 2020. Each year, U.S. News ranks the best law schools based on admission scores, grade point averages, and other factors. But law school is not just about test scores. Good writing is the bread-and-butter of law practice, and some schools do it better than others. It may surprise you, but the best writing programs are not at the best law schools....

Cocaine Importation Conviction Affirmed In US v. Caruto, No. 09-50309, the court affirmed defendant’s conviction for importation of cocaine and possession of cocaine with intent to distribute, 1) the district court’s instruction to the grand jury did not say that voting was jurors’ exclusive recourse or alter the basic message conveyed by the instruction approved in Navarro-Vargas; 2) even if the grand jury might have been misled, that error would not justify reversal of defendant’s conviction now; and 3) the entirety of the court’s instruction emphatically underscored the grand jury’s independent role....

Alien Harboring Conviction Affirmed In US v. De Oliveira, No. 10-1281, the court affirmed in part defendant’s conviction and sentence for harboring illegal aliens, holding that 1) the court had no reason to doubt the district court’s factual determination that, had defendant’s counsel coerced defendant into pleading guilty, defendant’s very involved wife would have notified the lower court of the issue earlier; and 2) severe overcrowding together with lack of heat and furnishings presented an inherent health-and-safety risk to each of the occupants such that the application of an enhancement was warranted....

Last week, voters with disabilities were vindicated when the Second Circuit affirmed a district court’s ruling that New York City failed to provide accessible polling locations for people with disabilities. And while voters gained more access to the polls, SAC’s Michael Steinberg was sentenced to 3-1/2 years’ imprisonment for insider trading. Two nonprofit organizations, United Spinal Association and Disabled in Action, sued the New York City Board of Elections for failing to provide plaintiffs – voting age New Yorkers with vision and/or mobility disabilities – “meaningful access to its voting program,” as required by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990....