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Supreme Court Justice Clarence Thomas is facing renewed controversy related to Anita Hill and the other women he allegedly harassed while holding a position of authority. A recent news story highlighted the fact that new-ish evidence surfaced which, if believed, would mean that Justice Thomas lied during his confirmation hearings (which is actually an impeachable offense, even for a SCOTUS justice). However, even if Justice Thomas is found guilty in the court of public opinion, it is not very likely that he would be impeached any time soon given the strong partisan politics currently at play....

Thinking about going to law school but not sure if you have the time or energy to study for the Law School Admission Test? You’re in luck. Since November 2021, the American Bar Association (ABA) authorized accredited law schools to accept the Graduate Record Examinations (GRE) as an alternative to the LSAT. Today, nearly 80% of law schools, including even the highly competitive Yale and Harvard, accept GRE scores. The waves of change don’t stop there....

In an appeal from the district court’s order dismissing plaintiff’s 42 U.S.C. section 1981 race discrimination claim and compelling arbitration, the order is affirmed in part where the district court did not err in determining that the cost-sharing provision of the parties’ arbitration agreement was not substantively unconscionable. However, the ruling is reversed in part and remanded where: 1) the question of whether the parties’ agreement was unconscionable was for the court to decide; and 2) the district court failed to address whether certain provisions of the agreement were substantively unconscionable....

Justice Sonia Sotomayor took a break from her holiday downtime last week to deny a Christian retailer’s pleas for protection from the federal government. In an order issued last Wednesday, Sotomayor said that Hobby Lobby – Oklahoma City billionaire David Green’s for-profit company – did not qualify for an injunction from the Affordable Care Act birth control mandate while the family challenges the requirement in court, Reuters reports. Last Thursday, the Tenth Circuit denied the crafty chain’s motion for a preliminary injunction, finding that Hobby Lobby failed to demonstrate “entitlement to such relief....

In US v. Hinojosa, No. 08-1393, the Sixth Circuit faced a challenge to a conviction of defendant for child pornography related crimes. In affirming the conviction, the court held that, considering the totality of the circumstances, the district court did not clearly err in finding that defendant’s then-wife consented to officers’ continued entry into the residence. Furthermore, the court concluded that defendant’s pre-Miranda statements were properly included in an affidavit as the initial interrogation did not present a custodial environment such that Miranda warnings were required prior to questioning....

Child Molestation Habeas Petition In McNeal v. Adams, No. 08-16472, a child molestation prosecution, the court affirmed the denial of petitioner’s petition for writ of habeas corpus, holding that 1) the state-court findings that petitioner’s Sixth Amendment right to counsel was not violated under the Strickland prejudice inquiry were not contrary to, or an unreasonable application of, clearly established federal law; and 2) counsel was not needed to help petitioner understand the legal issues because no basis existed for denying the motion at issue....

We called it. Back in July we saw the writing on the wall when a Pennsylvania county clerk named Theresa Santai-Gaffney told the Standard-Speaker, “I’ve never surrendered” in her fight to keep the Keystone State’s same-sex marriage ban alive. Well, it looks like she might just have to. On Monday, the Third Circuit denied the Schuylkill County clerk’s motion for a hearing en banc, essentially leaving her with one option: the U....

An Ohio man was convicted of possessing weaponized ricin with intent to use it as a weapon in a rather dramatic suicide plot – a conviction upheld by the Sixth Circuit yesterday. Readers will recall that ricin was the favorite murder toxin of choice by the now loved and infamous Walter White of Breaking Bad fame. The amount that Levenderis had refined was enough to kill 250 Tucos or Gus Frings....

In a murder prosecution, the denial of Petitioner’s habeas petition is affirmed, where: 1) even if an excluded photograph of the victim had been presented at trial, reasonable jurors could still have found Defendant guilty; and 2) an excluded police report would not have been exculpatory. Read Pudelski v. Wilson, No. 07-3856 Appellate Information Argued: April 22, 2009 Decided and Filed: August 14, 2009 Judges Opinion by Judge Holschuh Counsel...

Termination of disability benefits affirmed Schwalm v. Guardian Life Ins. Co. of Am., 09-4275, concerned a challenge to the district court’s dismissal of plaintiff’s suit against an insurer’s decision to terminate plaintiff’s long-term disability benefits for complications caused by a spinal fusion surgery. In affirming, the court held that the insurer’s decision was not arbitrary and capricious, and its conclusion that plaintiff was no longer disabled within the meaning of the plan is supported by substantial evidence....

If a random person popped up on your porch with a pooch to sniff around, you would probably be perturbed. Justice Antonin Scalia says that you are entitled to be equally outraged when the police and pawlice do the same thing. Tuesday, the Supreme Court held in a 5-4 decision that the government’s use of trained police dogs to investigate a home and its immediate surroundings is a “search” within the meaning of the Fourth Amendment....

Have you ever gotten in trouble at school and thought, “Wait a minute, don’t I have rights here?" The U.S. Supreme Court said it best when it ruled that students like you do not shed their constitutional rights at the schoolhouse gate. Feeling patriotic yet? As a student, you maintain certain individual rights under the U.S. Constitution at school and at school activities. Federal laws and state laws also protect students....

Whether you’re a seasonal business booming in the summer months, or a year-round shop wanting to give kids a job on their summer breaks, hiring temporary employees for a few months can be a great way to expand your business and provide valuable learning opportunities. That’s if you do it right. Hiring summer employees isn’t always as simple as throwing someone on the payroll in July. Here are five tips for getting your summer hiring decisions right, from our archives:...

Native American tribes sued Wisconsin officials for trying to tax their land, renewing a battle they thought had ended more than 150 years ago. By treaty in 1854, the Chippewa tribes claim their land was forever exempt from property taxes. Until recently, that seemed to be true. Now the tribes want a court to settle the dispute and an injunction in LAC Court Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v....

While philosophers and internet commenters can argue whether revenge can be morally justifiable in some cases, vigilante justice is rarely the best solution. This should not need to be said so many times. But Cain Velasquez, a two-time UFC heavyweight champion, is now facing an attempted murder charge after allegedly shooting the man accused of molesting his son. He later decided to act within the limitations of the law and sue the alleged predator and his family....

Defendant’s sentence for illegally reentering the U.S. following removal is vacated where criminal possession of a weapon in the second degree, in violation of N.Y. Penal Law section 265.03, is not a crime of violence for the purposes of Sentencing Guidelines section 2L1.2(b)(1)(A)(ii). Read US v. Gamez, No. 07-3660 Appellate Information Argued: September 23, 2008 Decided: December 5, 2008 Opinion filed: August 20, 2009 Judges Per Curiam Counsel For Appellant:...

When we were in college, there was a man who protested regularly on our university campus. He wasn’t a student, and we’re still not sure what he was protesting, but he always brought a giant American flag with him. We remember the campus police telling him one afternoon that he had to pack up the flag and leave because he wasn’t in a free speech zone. That was the first time we realized that the campus had free speech zones....

Yesterday, we (again) brought you the tale of Tio Sessoms, a then-teenaged suspect who kinda-sorta asked for counsel. The en banc Ninth Circuit, on its third take on the case, granted habeas relief for the second time, after a Supreme Court cert. grant and summary reversal. This time, a majority of the Ninth Circuit held that Sessoms’ two statements (“There wouldn’t be any possible way that I could have a – a lawyer present while we do this?...

Easy Setup. Partnerships are formed by a private agreement between the partners, and don’t need to register their existence with the state like corporations or limited liability companies. Partnerships don’t require a written agreement, but it’s a good idea to have one, nonetheless. Easy End. Just as easy as it is to form a partnership, it’s simple to change or dissolve a partnership; all it takes is one partner giving notice of his express will to leave the partnership....

The Eighth Circuit just upheld another NLRA ruling for workers who protested their employer’s employment acts or policies. It looks like the end of the sandwich case that has ruffled a few feathers. Increasingly, it appears that the NLRA has a lot of teeth, further frothing up the controversial debate as to what kind of legal protections employees enjoy when they actively publish negative publicity about their employers. Jimmy John’s Workers The petitioner was MikLin which operated a Jimmy John’s in the Minneapolis-St....