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Relist Watch

John Elwood reviews Monday’s relists. I’m today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the full 30 days to file reply briefs before oral argument. After this Friday, the court’s next scheduled conference isn’t until February 15 – almost a month from now. And any cases granted at that conference will ...
Tags: Texas, Featured, Supreme Court, Law, Congress, Virginia, New York City, Freedom, Alabama, Indiana, Dhs, United States, House Of Representatives, Kansas, Louisiana, Nielsen

Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligations

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligation Office water coolers used to be gathering places where people discussed current events and caught up on office gossip. But, like many other time-honored traditions, even water cooler conversations have been affected by technology. Certainly these in-office discussions still occur, but much of the day-to-day discours...
Tags: Facebook, New York, Supreme Court, Law, Court, Social Media, Ethics, Web/Tech, Nopd, Louisiana, Thomson Reuters, Aba, ABA Journal, Gill Pratt, National Guard, Jefferson

In praise of pretrial-detention algorithms, the 'failure to appear fallacy,' Louisiana ↓ technical revocations, and other stories

Several national items merit Grits readers' attention here during the calm before the 86th Texas Legislature storm. Debtors-prison reform: Economic populism and the justice system The New York Times this week published a lengthy, excellent feature on how criminal fines and fees oppress the poor. Good analysis and background. Best evidence supports use of risk assessments in pretrial release decisions Some prominent heavyweight corrections researchers responded to criticisms in the press, not to ...
Tags: Texas, Law, Philippines, Aclu, New York Times, Louisiana, Harris County, FTA, Texas Legislature, Gritsforbreakfast, 86th Texas Legislature, Jennifer Skeem, Skeem, Intermediate Sanctions Facilities, Louisiana The Bayou State

"Reducing Barriers to Reintegration: Fair chance and expungement reforms in 2018"

The title of this post is the title of from the Collateral Consequences Resource Center to document the laws passed in 2018 aimed at reducing barriers to successful reintegration for individuals with a criminal record. Here is the report's executive summary: * In 2018, 30 states and the District of Columbia produced 56 separate laws aimed at reducing barriers faced by people with criminal records in the workplace, at the ballot box, and elsewhere.  Many of these new laws enacted more than one...
Tags: Florida, New York, Law, Colorado, California, Washington, Pennsylvania, Maine, Kansas, Nebraska, Michigan, Louisiana, North Carolina, District Of Columbia, Arizona California, Douglas A Berman

Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States

Spotlighting criminal-justice debt and its profound impact on the poorest Americans

The New York Times magazine has this lengthy new article about criminal justice debt under this full headline: "How Cities Make Money by Fining the Poor: In many parts of America, like Corinth, Miss., judges are locking up defendants who can’t pay — sometimes for months at a time." I recommend the piece in full, and here is a snippet: No government agency comprehensively tracks the extent of criminal-justice debt owed by poor defendants, but experts estimate that those fines and fees total tens...
Tags: New York, Supreme Court, Law, Washington, Oregon, Alabama, America, West, New York Times, Louisiana, Washington State, Ross, National Public Radio, American Civil Liberties Union, Corinth, Southern Poverty Law Center

One More State Adopts Duty of Technology Competence (Sort Of)

I’m adding another to my list of states that have adopted the duty of technology competence for lawyers, although this state has done it in a somewhat different way. Louisiana has amended its Code of Professionalism for lawyers to add two provisions related to lawyers’ use of social media. The two provisions related to technology provide: “I will use technology, including social media, responsibly. My words and actions, no matter how conveyed, should reflect the professionalism expected of me a...
Tags: Law, Uncategorized, Louisiana, Aba, Louisiana Supreme Court, Bob Ambrogi, Tech Competence, Louisiana State Bar Association, LSBA

A hasty review of the SL&P year that was 2018

Year in review stories are catnip to me, so I figured I might as well use an unexpected little pocket of free time to create my own listing of big events in 2018 based on a lightning quick review of blog posts from the past year.  This listing is not representative or even all that reflective, and I welcome reader input on stories forgotten or unmentioned (or poorly ranked).  So, for giggles and comment, here is a list of post titles and links providing an imperfect, too-quick review of some not...
Tags: Florida, Supreme Court, Law, Congress, California, Senate, United States, Bill Cosby, Ohio, Louisiana, Doj, Kennedy, Philly, Michael Cohen, Jeff Sessions, Anthony Kennedy

Another dive into the choppy waters of Miller and Montgomery implementation

I am sure I have posted any number of articles highlighting that implementation of the Eighth Amendment limit of juvenile life without parole sentences has been choppy at best (see here and here and here for a few more examples). The latest iteration of this depressingly evergreen story comes from Mother Jones here under the headline "The Supreme Court Said No More Life Without Parole for Kids. Why Is Antonio Espree One of the Few to Get Out of Prison?".  I recommend this long piece in full, and...
Tags: Supreme Court, Law, Pennsylvania, Angola, Graham, Philadelphia, Michigan, Louisiana, Kennedy, Montgomery, Miller, Mother Jones, Henry Montgomery, Douglas A Berman, Larry Krasner, Jody Kent Lavy

After rejection of contentious proposed amendments, FIRST STEP Act passed by Senate by vote of 87 to 12!!!!

In this post back in August I wondered "Could enhanced FIRST STEP Act get more than 90 votes in the Senate if even brought up for a vote?".  Well, it seems I was off by three votes, as tonight the the US Senate voted 87 to 12 to enact the FIRST STEP Act.  With a vote in the House scheduled for later this week, this bill should be on Prez Trump's  desk before the end of this week and law before Prez Trump heads down to Mar-a-Lago for the holidays.  This USA Today article, headlined "Senate passes...
Tags: Utah, New York, Law, Congress, Senate, America, Barack Obama, Arkansas, House, Ted Cruz, Aclu, Mitch McConnell, US Senate, Louisiana, Usa Today, Naacp

21st Century Air National Guard

Lieutenant General L. Scott Rice is the Director, Air National Guard (ANG), the Pentagon, Washington, D.C. He is responsible for formulating, developing and coordinating all policies, plans and programs affecting more than 107,600 Air Guard members and civilians in more than 90 wings and 175 geographically separated units across 213 locations throughout the 50 States, the District of Columbia, Puerto Rico, Guam and the Virgin Islands. Rice is a command pilot with more than 4,300 hours in the F-1...
Tags: Europe, Leadership, Congress, California, Washington, Germany, Russia, Defense, US, America, Department Of Defense, Ukraine, People, Canada, Military, United States

Noting possible Miller follow-up cases on the latest SCOTUS relist list

I continue to wonder when the Supreme Court will take up a new case to clarify (or, ideally, extend) its Eighth Amendment jurisprudence limiting extreme prison sentences set forth in Graham and Miller.  The latest Relist Watch from John Elwood at SCOTUSblog spotlights a few cases that might be in the works as the next possible Miller follow-up: Newton v. Indiana, 17-1511, and Mathena v. Malvo, 18-217, both raise the same issue involving the lawfulness of imposing a discretionary life sentence o...
Tags: Supreme Court, Law, Virginia, Indiana, Graham, Louisiana, Newton, Montgomery, Miller, Muhammad, U S Court of Appeals, 4th Circuit, Douglas A Berman, John Elwood, Red Onion, Red Onion State Prison

The Relist Watch Before Christmas (UPDATED)

John Elwood previews 2018’s last relists. [Editor’s Note: This post was updated on Wednesday afternoon to include two additional relists, Newton v. Indiana and Mathena v. Malvo.] Here at Relist Watch, we have a long and distinguished tradition of doing lighthearted, holiday-themed posts to commemorate the last installment of the year. It’s a great way of getting into the spirit of wearing novelty clothing while making awkward small talk in overcrowded rooms. But this year, we’re inaugurating a n...
Tags: Florida, Texas, Featured, Supreme Court, Law, Kentucky, Virginia, Alabama, Fresno, Indiana, United States, New Jersey, Ohio, Atkins, Louisiana, Zappos

Tuesday round-up

Yesterday the Supreme Court issued additional orders from its conference last Friday, adding one case to its merits docket. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Education Week’s School Law Blog, Mark Walsh reports that the court agreed to review Kisor v. Wilkie, which raises “an important question about when courts should defer to a federal agency’s interpretation of its own ambiguous regulations.” Additional coverage comes from Ton...
Tags: Supreme Court, Law, Congress, Bloomberg, Ap, United States, New York Times, Kansas, Louisiana, Usa Today, The Washington Post, Chevron, Medicaid, Courthouse News Service, Round-up, Mark Sherman

Former AUSA Disbarred In Louisiana For Anonymous Blog Comments

A former Assistant United States Attorney has been disbarred by the Louisiana Supreme Court for his anonymous blogging The underlying facts of this case are largely undisputed. By way of background, respondent commenced employment as an Assistant United States Attorney... [Author: Legal Profession Prof]
Tags: Law, Louisiana, Louisiana Supreme Court, Legal Profession Prof, Bar Discipline & Process, Assistant United States

More Louisiana Crimes And Mischief

A bar discipline recommendation from the Louisiana Attorney Discipline Board for a fully stayed 18 months suspension By way of history, the Respondent was arrested on February 23, 1993 with regard to allegations of disturbing the peace and obscenity. Records... [Author: Legal Profession Prof]
Tags: Law, Louisiana, Respondent, Legal Profession Prof, Bar Discipline & Process

December 5 roundup

“An important win for property owners”: Supreme Court rules 8-0 that protected species habitat doesn’t include tracts containing no actual dusty gopher frogs and not inhabitable by them absent modification [Roger Pilon, George Will, earlier on Weyerhaeuser v. U.S. Fish & Wildlife Service, Cato Daily Podcast with Holly Fretwell and Caleb Brown (“The Frog Never Had a Chance”)] Proposed revision of federal Violence Against Women Act (VAWA) would expand definition of domestic violence to includ...
Tags: New York, Texas, Supreme Court, Law, Obesity, Uncategorized, Domestic Violence, Endangered Species, Louisiana, American Bar Association, Bar Associations, ABA Journal, Weyerhaeuser, Fifth Circuit, CALEB BROWN, VAWA

"T.M. Landry, a school in small-town Louisiana, has garnered national attention for vaulting its underprivileged black students to elite colleges. But the school cut corners and doctored college applications."

An exposé in the NYT. It ends:“Write whatever you want to write about us on the negative side,” Mr. Landry told a reporter. “But at the end of the day, my sister, if we got kids at Harvard every day, I’m going to fight for Harvard. Why is it O.K. that Asians get to Harvard? Why is it O.K. that white people get to Harvard?”Mr. Landry raised his voice. He accused The Times of saying that it was wrong for T.M. Landry to want the best for its black students. He told his students that he would always...
Tags: Education, Law, Lying, Harvard, The Times, Jesus, Affirmative Action, Louisiana, Punishment, Humiliation, Jesus Christ, Mike, Landry, Race And Education, Ann Althouse, Michael Landry

Empirical SCOTUS: The strength of precedent is in the justices’ actions, not words

During his Supreme Court confirmation hearing in 2005, Chief Justice John Roberts declared, “Judges have to have the humility to recognize that they operate within a system of precedent shaped by other judges equally striving to live up to the judicial oath, and judges have to have modesty to be open in the decisional process to the considered views of their colleagues on the bench.” Although precedent is a strong principle in the justices’ decision calculi, it does not bind the Supreme Court in...
Tags: Supreme Court, Law, White House, Court, Austin, South Dakota, Hawaii, Citizens United, Michigan, Louisiana, Jackson, Kennedy, Douglas, Sutherland, Antonin Scalia, Wade

Wednesday round-up

Today the justices will hear oral argument in Timbs v. Indiana, in which they will consider whether the Eighth Amendment’s excessive fines clause applies to the states. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Julia Hollreiser and Benjamin Rodd have a preview at Cornell Law School’s Legal Information Institute. At The Economist’s Espresso blog, Steven Mazie writes that a “rare left-right coalition of anti-poverty activists, Christian conserva...
Tags: Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Indiana, Cnn, New York Times, Federal Communications Commission, Npr, Louisiana, Oklahoma, Usa Today, Economist, Trump

Opinion analysis: Frogs and humans live to fight another day

In a mixed-bag ruling, a unanimous Supreme Court returned Weyerhaeuser Co. v. U.S. Fish and Wildlife Service to the U.S. Court of Appeals for the 5th Circuit to decide several questions not answered on the first go-round. Chief Justice John Roberts’ opinion for the court appears calculated to decide just enough to justify shipping the case back to the lower court. The case involves the Fish and Wildlife Service’s designation, under the Endangered Species Act, of property in Louisiana as “critica...
Tags: Featured, Supreme Court, Law, Frogs, Louisiana, Chevron, John Roberts, Wildlife Service, Roberts, Natural Resources Defense Council, 5th Circuit, Weyerhaeuser Co, Merits Cases, Brett Kavanaugh, U S Court of Appeals for the 5th Circuit

Spotlighting the still-challenging politics that surround the intersection of marijuana reform, criminal justice reform and racial inequities

Today's must-read for both marijuana reform and criminal justice reform fans is this lengthy new Politico article fully headlined "Racial Justice and Legal Pot Are Colliding in Congress: The latest fight over criminal justice reform is over allowing felons access to newly legal aspects of the cannabis industry. Lawmakers are getting woke — slowly." I recommend this piece is full, and here are some extended excerpts: Thanks to Senate Majority Leader Mitch McConnell, the [Farm] bill includes an a...
Tags: Florida, New York, Law, Obama, Congress, California, Oregon, Senate, Elizabeth Warren, America, Tennessee, House, Mitch McConnell, Capitol Hill, Dc, Bill

Senate Majority Leader McConnell tells Prez Trump that FIRST STEP Act will not get done this year

According to this new New York Times piece, "Senator Mitch McConnell told President Trump in a private meeting on Thursday that there is not likely to be enough time to bring a bipartisan criminal justice bill up for a vote this year, regardless of the support it has in the Senate and the White House, according to people familiar with the meeting." here is more: Mr. McConnell, who as majority leader controls the Senate floor, delivered the news in a previously scheduled meeting at the White Hou...
Tags: Utah, Law, Obama, Congress, Senate, White House, Cotton, Arkansas, House, New York Times, Iowa, Wisconsin, Mitch McConnell, Homeland Security, Louisiana, Mike Lee

Friday round-up

For The Baltimore Sun, Michael Dresser reports that “Maryland Attorney General Brian Frosh announced Thursday that he is appealing a federal ruling that threw out the state’s congressional map for the 6th District after determining that Democratic officials unconstitutionally drew the boundary to diminish Republican influence.” Jess Bravin reports for that “[m]ost gerrymandering lawsuits have invoked the 14th Amendment’s equal-protection guarantee, contending that lawmakers violated their duty...
Tags: Maryland, Supreme Court, Law, Washington Post, Virginia, Warren, Louisiana, Round-up, Elizabeth, Fourth Circuit, House of Delegates, Jess Bravin, Kenneth Jost, Jost, Michael Murphy, Graham Moomaw

Non Sequiturs: 11.11.18

* The unstoppable Justice Ruth Bader Ginsburg maintains her three-Term streak as author of the Supreme Court's first signed majority opinion -- and, interestingly enough, it's a unanimous affirmance of the Ninth Circuit (opinion by my former boss, Judge Diarmuid O'Scannlain). [Empirical SCOTUS] * When he's not busy issuing landmark decisions (and feeding his clerks to SCOTUS), Judge Jed Rakoff (S.D.N.Y.) writes erudite essays for the New York Review of Books -- like his latest, a review of Joel...
Tags: Books, Supreme Court, Law, Scotus, Oregon, Michelle Obama, Louisiana, Department Of Justice, Donald Trump, Ruth Bader Ginsburg, Constitutional Law, Bell, Ninth Circuit, John Marshall, FCPA, New York Review of Books

Oregon Is Now The Only Remaining State With Old Jim Crow Jury System

Congratulations to Louisiana, which isn't the last horse in this race.
Tags: Crime, Law, Oregon, Courts, Louisiana, Juries

Reschedule Watch

John Elwood reviews Monday’s relists. If you’re reading a blog post that is entirely devoted to cases on the Supreme Court’s docket that haven’t even been granted yet, chances are you’re a law nerd. Thus, I will go ahead and make the heroic assumption that if you’re reading this, you already know about the six relisted cases the court agreed on Friday to review. I will likewise assume that you already know that the court denied review outright in the seven “net neutrality” relists – although you...
Tags: Florida, Featured, Mississippi, Supreme Court, Law, Congress, California, Planned Parenthood, Virginia, Alabama, United States, Federal Communications Commission, Kansas, Miami, Ohio, Atkins

Criminal justice reform ballot measures passing in Florida and Louisiana, but losing badly in Ohio

As noted in prior posts here and here, a whole lot of criminal justice matters were before voters this year. And though results are not yet official, it seems there are a few notable winners and one big loser: Florida's Amendment 4, which would restore people’s voting rights after they finish their sentences (with a few exceptions), and Amendment 11, which enables the repeal or reform of criminal laws to be applied retroactively, both appear on pace to pass. And Louisiana's Amendment 2, eliminat...
Tags: Florida, Law, Ohio, Louisiana, Douglas A Berman

Empirical SCOTUS: State fault lines that might lead to big cases before the Supreme Court

The Supreme Court currently has 43 arguments scheduled for this term. For the most part, these cases will go under the radar. Even cases with large sets of amicus briefs, usually a good sign of generalized interest in issues, do not have the same blockbuster quality as those of recent terms. For example, amici filed nearly 30 merits briefs in the case Weyerhaeuser Company v. U.S. Fish and Wildlife Service. The case deals with the scope of the Endangered Species Act. Although this topic is import...
Tags: Florida, Featured, Mississippi, Supreme Court, Law, Congress, Virginia, Alabama, Indiana, UPS, United States, Tennessee, Iowa, Arizona, Louisiana, District Of Columbia

Tuesday round-up

Amy Howe reports for this blog that last night the Supreme Court “gave the federal government a partial victory … in a dispute over discovery in the challenge to the government’s decision to reinstate a question about citizenship on the 2020 census” when,  “[w]ithout any publicly recorded objections, the justices kept on hold plans to depose Wilbur Ross, the Secretary of Commerce, about the decision.” At The Washington Post, Robert Barnes and Tara Bahrampour report that “[t]he court’s action mak...
Tags: Supreme Court, Law, Court, United States, Commerce, Liberty, New York Times, Associated Press, Epa, Louisiana, Usa Today, North Carolina, The Washington Post, Wall Street Journal, Justice Department, Ross

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