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From the monthly archives:

June 2009

Ricci v. DeStefano – the New Haven Firefighter case – Which Is Fairer, Multiple Choice or Oral Examinations?

June 30, 2009

     In a previous post I described the New Haven firefighter case and Judge Sonia Sotomayor's participation in it as a member of the Second Circuit Court of Appeals.  In this posting I will analyze yesterday's 5-4 decision of the Supreme Court reversing the Court of Appeals' decision in that case.  One aspect of this case particularly [...]

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The Pending Federal Hate Crimes Legislation: Part 2

June 30, 2009

     In yesterday's post I stated that there are three objections commonly raised against the enactment of the Hate Crimes Act currently pending in Congress.  Those objections are that (1) Congress lacks authority to enact the law; (2) the law infringes upon freedom of speech; and (3) the law confers "special treatment" on certain favored groups.  I [...]

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The Pending Federal Hate Crimes Legislation – Part 1

June 29, 2009

     On April 29 the House of Representatives adopted a bill (H.R. 1913) entitled the "Local Law Enforcement Hate Crimes Prevention Act of 2009."  This legislation has been referred to the Senate Judiciary Committee for consideration.  The law would make it a federal offense to commit violence against someone because of the person's "race, color, [...]

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Free Legal Help with Civil Cases

June 26, 2009

What is community legal aid?
A non-profit law firm which:

*Specializes in poverty law and is devoted to providing free, high-quality civil legal services to eligible clients.
*Is dedicated to providing legal advice, information and representation as assistance for those seeking to achieve and maintain self-sufficiency.
*Provides information about laws and the legal system to those who work with [...]

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Response to Reader Comments on Abortion

June 26, 2009

     Your responses to the abortion question are amazing.  The question was, "What would happen if Roe v. Wade were overturned?"  There were several neat ideas presented in your comments.  I'll respond to these comments below the fold.

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Gender Implications of the Financial Crisis

June 25, 2009

Professor Bainbridge notes: "Eight of the top 10 Amazon bestsellers in the fantasy category are vampire romance novels by female authors. Whatever happened to elves, orcs, swords, and sorcery?"
Never one to miss an opportunity to jump to spurious conclusions, this made me wonder whether women have lost such faith in the men who continue to [...]

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Morality, Politics, and Law

June 25, 2009

     With yesterday's admission of an affair, Governor Mark Sanford joins a long list of politicians who, it turns out, have not been faithful to their marriage vows.  Coupled with his disappearance over Fathers Day weekend, these events must be deeply hurtful to his family.  The public disclosure and widespread coverage of his behavior only compounds the [...]

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Northwest Austin Municipal Utility District Number One v. Holder – The Voting Rights Act case

June 23, 2009

     Yesterday the Supreme Court handed down its decision in Northwest Austin Municipal Utility District Number One v. Holder, a case that had been closely watched because the Utility District was challenging the constitutionality of the preclearance requirement of the 1965 Voting Rights Act. The Court ruled in favor of the District, but it did [...]

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Is Marriage a Constitutional Right or Merely a Governmental Benefit?

June 23, 2009

     Under the Constitution the government is not obligated to grant us benefits.  However, the Constitution prohibits the government from interfering with our fundamental rights.  Is marriage a right or a benefit?  The question obviously has legal significance, but it also has important political consequences.  Nate Silver of FiveThirtyEight points out that public attitudes towards same-sex marriage seem to be [...]

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What Would Happen If Roe v. Wade Were Overturned?

June 22, 2009

     Assume for a moment that Justice Anthony Kennedy were to change his mind and vote to overturn Roe v. Wade – or that Judge Sotomayor, if confirmed, were to surprise the President and confound his supporters and vote with the four conservative justices on this subject – what would be the legal, social, and political [...]

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Is there federal recovery money for individuals?

June 19, 2009

I was laid off last December and I could not afford the COBRA health insurance, but I see there is new funding for COBRA that even includes helping to pay premiums in some cases.  Can I change my mind and select COBRA now?
Things are not going so good for my small business.  The economy is [...]

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The Taliban and the Law

June 19, 2009

    The Taliban in Pakistan are not fighting for national independence or ethnic identity or economic principles.  Instead their principal goal is to replace the normal lawmaking process (legislation enforced in civil courts) with Sharia – Islamic law – to be enforced in religious courts. 

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