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Lawyers and technology competency: Louisiana weighs in

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Lawyers and technology competency: Louisiana weighs in In 2019, lawyers have a duty to stay on top of changes in technology. This requirement first appeared in 2012 when the ABA amended the comments to Model Rule 1.1 to indicate that technology competence is a requirement for lawyers. Specifically, Comment 8 was amended to include the following: Maintaining CompetenceTo maintain the requisite kn...
Tags: Daily Record--Legal Currents Column, Law & Technology, Web/Tech, NBlack


Justices allow Texas execution to go forward

Today the Supreme Court refused to block the execution of John William King, who was scheduled to die by lethal injection tonight for the 1998 murder of James Byrd Jr. Byrd, who was African-American, was the victim of a gruesome crime that spurred tougher hate-crime laws. Byrd’s death drew nationwide headlines after he was chained to the back of a pickup truck and dragged down a road in Jasper, Texas. As the U.S. Court of Appeals for the 5th Circuit explained, Byrd’s “torso, legs, and left arm w...
Tags: Featured, What's Happening Now


"The case against solitary confinement"

The title of this post is the headline of this lengthy and effective Vox piece from last week.  I call the piece effective in part because, in addition to being well-structured and well-written, it includes lots and lots of links.  Here is how the piece starts (with links retained): Albert Woodfox was held in solitary confinement for more than 40 years in a Louisiana prison before being released in 2016, when he was 69 years old.  In his book Solitary, published last month, Woodfox writes that ...
Tags: Law, US, America, United States, United Nations, Un, Louisiana, Albert Woodfox, Vox, University of Denver, Mendez, Woodfox, Juan E Méndez, Douglas A Berman, Mandela Rules, Laura Rovner


Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday a Louisiana abortion clinic filed a cert petition asking the Supreme Court to strike down a state law requiring abortion providers to have admitting privileges at nearby hospitals; the justices had put the law on hold in February, in June Medical Services v. Gee. At AP, Mark Sherman reports that “[i]f the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the...
Tags: Supreme Court, Law, California, Court, Ap, Cnn, United States, Davis, Louisiana, North Carolina, Law360, Courthouse News Service, Newton, Trump, Round-up, Mark Sherman


Abortion providers ask Supreme Court to take up appeal

In early February, the Supreme Court put a temporary hold on a Louisiana law that requires doctors who perform abortions in the state to have the authority to admit patients at a nearby hospital. Chief Justice John Roberts joined the court’s four more liberal justices in granting a request from abortion providers to bar the state from enforcing the law until the providers could file a petition for review of a ruling by the U.S. Court of Appeals for the Fifth Circuit upholding the law. That petit...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Scalia, Howe, Anthony Kennedy, U S Court of Appeals for the Fifth Circuit, 5th Circuit, Cases in the Pipeline, What's Happening Now, Brett Kavanaugh


How to Get No Contace

My question involves no contact orders in the State of: Louisiana I am Grandmother who has a no contact order on my granddaughter it was issued by a judge and initiated by DCFS. I was not informed of the court date or time and my lawyer was not informed of this court date. The judge made no contact permanent . I want to adopt my granddaughter and CPS sYS I MUST GET THIS REMOVED but how?
Tags: Law, Louisiana, Orders Of Protection, DCFS


Henry Montgomery (of Montgomery v. Louisiana) denied parole yet again at age 72

A few years ago Henry Montgomery won in the Supreme Court with his claim that the landmark Eighth Amendment decision in Miller v. Alabama must be applied retroactively.  But that win only garnered him a chance to be paroled after serving more than 50 years on a murder charge as a teenager in the early 1960s.  Last year, Montgomery was denied parole as detailed in this prior post, and yesterday he was denied parole again as reported in this local article headlined "After 55 years in prison, Baton...
Tags: Supreme Court, Law, Alabama, Angola, Louisiana, Montgomery, Miller, U S Supreme Court, Kelsey, Baton Rouge, Louisiana State Penitentiary, Henry Montgomery, Vannoy, Douglas A Berman, Charles Hurt, Keith Nordyke


With Regulators Increasing Focus on Spam Robocalls, Arkansas Follows Others States in Passing Anti-Spoofing Privacy Law

Laura E. Goldsmith Unwanted robocalls reportedly totaled 26.3 billion calls in 2018, sparking more and more consumer complaints to the FCC and FTC and increased legislative and regulatory activity to combat the practice. Some automated calls are beneficial, such as school closing announcements, bank fraud warnings, and medical notifications, and some caller ID spoofing is justified, such as certain law enforcement or investigatory purposes and domestic violence shelter use.  However, consumers h...
Tags: Fcc, Maryland, Law, Congress, Arkansas, Ohio, Louisiana, South Carolina, Ftc, Senate Commerce Committee, Illinois Massachusetts, Laura E Goldsmith, Spam Robocalls Arkansas Follows Others States


Opinion analysis: Divided court rejects lethal-injection challenge by inmate with rare medical condition

Today the Supreme Court rejected a claim by a death-row inmate that executing him by lethal injection would violate the Constitution’s ban on cruel and unusual punishment because of the likelihood that he could wind up choking on his own blood. By a vote of 5-4, the court cleared the way for Russell Bucklew’s execution, in an opinion that at times revealed bitter divides among the justices. The case was not a broad challenge to the use of lethal injection as a method of execution for all prisone...
Tags: Featured, Supreme Court, Law, Alabama, Missouri, Muslim, Louisiana, Oklahoma, Kennedy, Sonia Sotomayor, Howe, Sotomayor, Stephen Breyer, Breyer, Clarence Thomas, Anthony Kennedy


Friday round-up

Last night the Supreme Court halted the execution of a Buddhist prisoner, Patrick Murphy, pending review of Murphy’s challenge to Texas’ refusal to allow a Buddhist priest to join him in the execution chamber. Amy Howe has this blog’s coverage. At Bloomberg, Greg Stohr reports that “[[t]he order marked an abrupt shift for the court, which last month voted 5-4 to let Alabama execute a Muslim man without his imam.” Robert Barnes reports for The Washington Post that “[t]he court’s conservatives wer...
Tags: Texas, Mississippi, Supreme Court, Law, Congress, Washington Post, Alabama, America, Bloomberg, Alaska, Louisiana, Flowers, Ada, Chevron, Economist, Trump


Thursday round-up

Amy Howe analyzes yesterday’s oral argument in Kisor v. Wilkie, in which the justices considered whether to overrule precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations, for this blog, in a post that first appeared at Howe on the Court; she reports that the justices were “deeply divided in a case in which their ruling could have implications not only for veterans but also for other areas of the law ranging from the environment to immigra...
Tags: Supreme Court, Law, Bloomberg, Cnn, Alaska, New York Times, SEC, Louisiana, Smith, Frost, Sturgeon, Securities And Exchange Commission, National Park Service, Round-up, Reuters, John Roberts


Wednesday round-up

Today the justices wrap up their March argument sitting with one oral argument, in Kisor v. Wilkie, in which they will reconsider precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations. Amy Howe previewed the case for this blog. Benjamin Rodd and Julia Hollreiser have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law offers a graphic explainer for the case. Yesterday the court heard oral arguments in two pa...
Tags: Maryland, Supreme Court, Law, Court, Los Angeles, Cnn, Atlantic, Gop, Alaska, Federal Communications Commission, Louisiana, North Carolina, Frost, Sturgeon, National Park Service, Round-up


Crime and punishment roundup

Bloodstain analysis convinced a jury Julie Rea killed her 10-year-old son. It took four years for her to be acquitted on retrial, and another four to be exonerated. Has anything been learned? [Pamela Colloff, ProPublica] Forensics’ alternative-facts problem [Radley Balko] The chemists and the coverup: inside the Massachusetts drug lab scandal [Shawn Musgrave, Reason, earlier here, here, here, etc.] “I would say, you know, as a parting gift, if you’d like to throw in some iPhones every year, w...
Tags: Uncategorized, Canada, Crime And Punishment, Florida, Forensics, Louisiana, Prisoners, Prosecution, Sanctions


Relist Watch

John Elwood reviews Monday’s relists. Exciting times on the relist front! After a couple of light weeks, we had a flurry of action Monday. From last installment’s two new relists, the Supreme Court called for the views of the solicitor general in one case involving what accommodations employers must make for their employees’ religious exercise. The court denied cert in the other case, which involved claims of racial bias in jury deliberations, prompting Justice Sonia Sotomayor to issue an opinio...
Tags: Featured, Supreme Court, Law, Congress, Alabama, Nike, Indiana, Dhs, Chicago, United States, Social Security, Michael Jordan, Kansas, Jordan, Louisiana, Nielsen


Tuesday round-up

Today the justices will hear oral argument in Cochise Consultancy v. United States, ex rel. Hunt, which asks whether the “discovery” exception to False Claims Act statute of limitations applies to private parties in cases in which the government has not intervened. David Engstrom had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case at Cornell Law School’s Legal Information Institute. Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose...
Tags: Mississippi, Supreme Court, Law, Washington Post, Washington, Court, Bloomberg, Atlantic, Gop, United States, New York Times, Kansas, Beltway, Louisiana, Usa Today, Flowers


Justices grant four new cases (Corrected)

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Corrections


Justices grant four new cases

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Patterson


SCOTUS takes up Miller retroactivity, unanimous juries, the insanity defense and criminal preemption in latest order list!

The Supreme Court is back in action this morning and today's order lists includes a list of four cases in which certioriari is granted.  Four criminal grants would enough to warm a chilly morning for me, but all four cases involve fairly "big ticket" concerns.  With the help of SCOTUSblog, here is the list of granted cases:  Mathena v. Malvo, 18-217 Issue : Whether the U.S. Court of Appeals for the 4th Circuit erred in concluding — in direct conflict with Virginia’s highest court and other cou...
Tags: Supreme Court, Law, Virginia, Alabama, Kansas, Graham, Louisiana, Montgomery, Miller, Garcia, U S Court of Appeals, Ramos, Douglas A Berman, IRCA, Malvo, Kahler


Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a g...
Tags: New York, Mississippi, Supreme Court, Law, Washington Post, America, Bloomberg, House, New York Times, Npr, Louisiana, North Carolina, Flowers, Smith, The Washington Post, Cornell


"The Six Wings Of The Democratic Party."

According to FiveThirtyEight:The Super Progressives — Very liberal on economic and identity/cultural issues, anti-establishment... Prominent examples: Ocasio-Cortez , Rep. Ilhan Omar of Minnesota, Rep. Mark Pocan of Wisconsin.... People in this bloc generally see the Democratic Party as too centrist and too cautious...The Very Progressives — Very liberal on economic issues, fairly liberal on identity issues, skeptical of the Democratic establishment. Prominent examples: Bill de Blasio, Sen. Jeff...
Tags: Minnesota, Law, Obama, Oregon, Virginia, Barack Obama, Pennsylvania, New Jersey, Wisconsin, Louisiana, Democratic, Democratic Party, Pelosi, FiveThirtyEight, Josh Gottheimer, Mark Pocan


Monday round-up

Briefly: In the latest episode of SCOTUStalk (podcast), Tom Goldstein joins Amy Howe to discuss June Medical Services v. Gee, in which a divided court temporarily blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals. At Law.com, Marcia Coyle reports on a new study of oral arguments showing that “Supreme Court justices direct their humorous quips and barbs most often at advocates with whom they disagree, lawyers who are losing their argum...
Tags: New York, Supreme Court, Law, Alabama, Louisiana, Ross, Trump, Round-up, Kenneth Jost, Jost, Department of Commerce, Amy Howe, Tom Goldstein, ACKLIN, William Clark, Marcia Coyle


Tom Goldstein unpacks stay in Louisiana abortion case

In this week’s episode of SCOTUStalk, Tom Goldstein joins Amy Howe of Howe on the Court to unpack the Supreme Court’s recent order in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals from going into effect pending appeal. The post Tom Goldstein unpacks stay in Louisiana abortion case appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Court, Louisiana, Howe, Amy Howe, Tom Goldstein, Medical Services, SCOTUStalk


Symposium: The “intensely factual” question of physicians’ admitting privileges

Robin Fretwell Wilson is the Roger & Stephany Joslin Professor of Law and Director of the Epstein Health Law & Policy Program at the University of Illinois College of Law. Last month I lost someone close to me after an infection that began as double pneumonia ravaged her body. In the space of a day, a mother of nine in the prime of her life slipped away. It was so improbable. So permanent. And if that loss was not tragedy enough, the husband she left behind contracted MRSA, an antibiotic-resista...
Tags: Health, Texas, Featured, Supreme Court, Law, Cdc, America, Catholic, Louisiana, DOE, Centers For Disease Control And Prevention, U S Court of Appeals, Kavanaugh, Hellerstedt, 5th Circuit, Louisiana Texas


Relist Watch

John Elwood previews next Monday’s likely relists. With my long-awaited argument finally out of the way, my preparations will no longer keep me from creating humorous and informative posts on the relisted cases the Supreme Court is considering; instead, my lack of talent will. We had fairly little movement at the last conference. We got an opinion respecting the denial of certiorari in two cases that had been relisted five times. And one new grant in a case involving Yeezy’s latest persona. But ...
Tags: Featured, Supreme Court, Law, Congress, Colorado, Virginia, Alabama, Georgia, Indiana, Dhs, Walgreens, United States, Ford, Wheeler, Davis, Kansas


Symposium: June Medical should be summarily reversed

Jonathan B. Miller is Chief of the Public Protection & Advocacy Bureau in the Office of the Massachusetts Attorney General. The views expressed here do not necessarily represent the views of the Massachusetts Attorney General or the Office. June Medical Services, LLC v. Gee potentially presents an opportunity for the newest lineup of the Supreme Court, including Justice Brett Kavanaugh, to revisit constitutional protection of abortion. In a move that surprised many, the justices stayed the U.S. ...
Tags: Health, Texas, Featured, Supreme Court, Law, Massachusetts, Citizens United, Medicare, Louisiana, Trump, John Roberts, Centers for Medicare, Medicaid Services, U S Court of Appeals, Federal Election Commission, Bullock


Symposium: On a petition that does not exist

Kyle Hawkins is the solicitor general of Texas. SCOTUSblog has asked me to assess whether the Supreme Court should grant a cert petition that does not exist. That petition, should it ever come to be, would probably be styled June Medical Services, LLC v. Gee, though we can’t be 100 percent sure until we see it. It presumably would be about a Louisiana law that, operating within the confines of the Supreme Court’s 2016 decision in Whole Woman’s Health v. Hellerstedt, requires abortion providers t...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, U S Court of Appeals, Casey, Hellerstedt, 5th Circuit, Merits Cases, Whole Woman 's Health, Southeastern Pa, Planned Parenthood of Southeastern Pennsylvania, Brett Kavanaugh, Kyle Hawkins


Symposium: In the Louisiana abortion case, maybe the best defense is a good offense

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University. He blogs at  dorfonlaw.org . Chief Justice John Roberts surprised some observers when he joined his four more liberal colleagues to grant a stay of the decision by the U.S. Court of Appeals for the 5th Circuit in . The stay blocked Louisiana’s law requiring doctors performing abortions to have admitting privileges at local hospitals. The petitioners argued that the Louisiana law was substantially similar to the Tex...
Tags: Health, Texas, Featured, Supreme Court, Law, Senate, Court, Mitch McConnell, Nebraska, Knox, Louisiana, SEIU, Cornell University, Trump, Antonin Scalia, John Roberts


Taxing your privacy

Joe Apprendi Contributor Joe Apprendi is a general partner at Revel Partners. More posts by this contributor The new era in mobile Big data’s humble beginnings Data collection through mobile tracking is big business and the potential for companies helping governments monetize this data is huge. For consumers, protecting yourself against the who, what and where of data flow is just the beginning. The question now is: How do you ens...
Tags: Lyft, Uber, Column, Utah, New York, Human Rights, Privacy, Identity Management, Law, California, Oregon, Articles, Tech, Smartphones, Getty Images, Gps


Symposium: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Woman’s Health

Catherine Glenn Foster is the president and chief executive officer of Americans United for Life. The U.S. Supreme Court’s last pronouncement on abortion came in 2016, in the jurisprudential netherworld between the death of Justice Antonin Scalia and the appointment of Justice Neil Gorsuch. Whole Woman’s Health v. Hellerstedt invalidated portions of Texas’ HB 2, including a requirement that doctors performing abortions maintain patient-admitting privileges at a hospital within 30 miles of their ...
Tags: Health, Texas, Featured, Mississippi, Supreme Court, Law, Planned Parenthood, Wisconsin, Louisiana, Antonin Scalia, John Roberts, Scalia, The Supreme Court, Baton Rouge, U S Court of Appeals, Stephen Breyer


Symposium: The rule of law is at stake — the Supreme Court must take June Medical Services v. Gee and uphold the right to abortion

Fatima Goss Graves is the president and CEO of the National Women’s Law Center. June Medical Services v. Gee – the outrageous decision by the U.S. Court of Appeals for the 5th Circuit upholding an anti-abortion Louisiana law – is not just a threat to access to healthcare, but a blatant disrespect of legal precedent and the rule of law. The Louisiana law is identical to – and in fact was modeled after – a Texas law that the Supreme Court struck down in 2016. If the Supreme Court truly wishes to p...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Roe, U S Court of Appeals, Clarence Thomas, Samuel Alito, Hellerstedt, 5th Circuit, Fatima Goss Graves, Whole Woman 's Health, June Medical Services, Brett Kavanaugh



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