Category Archives: Judiciary

Justice Liu to be inducted into American Academy of Arts and Sciences

Justice Goodwin Liu has been elected a fellow of the American Academy of Arts and Sciences.  Older than the Constitution, the Academy is described in a California Courts news release as “one of the nation’s most prestigious honor societies that recognizes global leaders across diverse fields who are addressing societal challenges and advancing the public good.” Justice Mariano-Florentino Cuéllar was elected to the Academy a year ago.  Former Chief Justice Ronald George was inducted in 2009. Court of Appeals Chief Judge and former U.S. Supreme Court nominee Merrick Garland joins Justice Liu as newly elected fellows in the “Law” section of this year’s 200+-member Academy class.  Other members of the class include former First Lady Michelle LaVaughn Robinson Obama, James Fallows, Sherrilyn Ifill, Jonathan Franzen, Deval L. Patrick, and Emily Bazelon. Previously elected Academy members include Benjamin Franklin, Alexander….. To continue reading this legal news please click Read full information...

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Argument preview: Justices will review challenge to census citizenship question

Editor’s Note: An earlier version of this post ran on April 2, 2019, as an introduction to this blog’s symposium on Department of Commerce v. New York, as well as at Howe on the Court, where it was originally published. In March 2018, Secretary of Commerce Wilbur Ross announced that the 2020 census would ask whether each person being counted by the census is a U.S. citizen. Ross explained that the Department of Justice’s civil rights division wanted the data to better enforce federal voting rights laws, and he characterized the decision as routine: From 1820 until 1950, the census had generally included a question about citizenship, and from 1960 until 2000, the census asked some respondents whether they were U.S. citizens. But in January a federal district court in New York barred the government from including the question on the census, concluding that the voting-rights explanation was simply a rationale that the government came up with after it had already….. To continue reading this legal news please click Read full information...

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Case o' The Week: A Wobble Bobble? – Christopher Johnson, Claims vs. Arguments, and Rule 32 on Appeal

  Priors may wobble, but they don’t fall down (in the Ninth).United States v. Christopher Johnson, 2019 WL 1523106 (9thCir. Apr. 9, 2019), decision available here.Players: Decision by Judge Mark Bennett, joined by Judges M. Smith and Nguyen.   Hard-fought appeal by AFPDs Amy Cleary and Cullen Macbeth, D. Nevada FPD.Facts: Johnson pleaded guilty to being a felon in possession of a firearm. Id. at *1. The DJ assigned a base offense level of 20, based on prior “crime of violence” felony priors. Specifically, Johnson had been convicted in California for assault with a deadly weapon (not a firearm), in violation of CPC § 245(a)(1). Id. at *2. Johnson had been sentenced to six months in county jail for that offense. Id.   In federal court, the defense objected to the use of this assault prior as a “crime of violence” because it lacked the necessary men rea. Johnson did not, however, object to its classification as a….. To continue reading this legal news please click Read full information...

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Step by Step

One foot in front of the other . . .Northfield School Board v. Washington South Education Ass'n., 2019 VT 26By Elizabeth KruskaThis opinion can be boiled down pretty simply: if there is a statute that tells you what steps to follow in your particular situation, follow those steps. You don’t get to make up your own steps if you’d like the law to protect you. Mr. Clayton was a teacher in the Northfield school system. He had a contract and was a member of the Washington South Education Association. Because he had an employment contract, he was subject to the rules set forth in this statute, which sets forth the steps that are to be taken if a teacher with a contract is subject to suspension or termination. Because he was a member of the Association, which had a collective bargaining agreement (CBA), he was also subject to those rules. There were some allegations that Mr. Clayton did and said some unbecoming things during his course of being a teacher. The school….. To continue reading this legal news please click Read full information...

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331. Judicial indiscretion

In Delaware, its pretty big news that the state Supreme Court upheld the murder conviction of Michael Jones.  Shortly after a warrant was issued for Jones arrest for homicide, he got into a car with a couple friends, one of them named Cedric Reinford:.. To continue reading this legal news please click Read full information...

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