FindLaw Writ - Recent Articles

New York's Highest Court Upholds Benefits for Same-Sex Spouses in Narrow Ruling

Tues., Nov. 24, 2009 00:00:01 GMT

(Joanna Grossman, for FindLaw's Writ) -- In a recent ruling, the New York Court of Appeals � the state's highest court -- upheld policies granting spousal benefits to some public employees who have legally married a person of the same sex in another state or country. But the Court's ruling was very narrow, and it did not rule on whether out-of-state same-sex marriages will be recognized in New York for all purposes. It implored the legislature to take up the broader question of marriage recognition, as it had earlier with the question of authorizing same-sex marriages in New York....

A First Amendment Challenge to Animal Activists' Convictions: How Far Can Protesters Go? Part Two

Mon., Nov. 23, 2009 00:00:01 GMT

(Julie Hilden, for FindLaw's Writ) -- In October, a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a split decision in a criminal case against a group of individual animal rights activists and their organization, Stop Huntingdon Animal Cruelty ("SHAC"). SHAC strongly objects to, and protests, animal cruelty at Huntingdon's labs. The defendants were prosecuted under a now-outmoded version of the federal Animal Enterprise Protection Act (AEPA)....

The Ninth Circuit Errs in Santa Cruz City Council Protester Case

Fri., Nov. 20, 2009 00:00:01 GMT

(Vikram Amar and Alan Brownstein, for FindLaw's Writ) -- In this column, we return to a case that we first wrote about over two years ago, involving a silent but pesky protester at a city council meeting who was arrested for his expressive conduct, and who then sued city officials under the First Amendment....

Why the U.S. Government Must Invest in Infrastructure Now, Or Pay A Steep Cost

Thurs., Nov. 19, 2009 00:00:01 GMT

(Neil Buchanan, for FindLaw's Writ) -- Recently, I returned from a trip to Austria, Spain, England, and Scotland. By coincidence, the first issue of The New York Times I picked up after returning to this country included an op-ed column by Bob Herbert, who argued passionately that the United States is falling behind our peers in virtually all areas of public investment -- roads, bridges, electrical grids, education, and more. After my trip, and after looking carefully into the evidence on the matter, I am convinced that Herbert is correct....

The EU-US Safe Harbor Does Not Protect US Companies with Unsafe Privacy Practices

Tues., Nov. 17, 2009 00:00:01 GMT

(Anita Ramasastry, for FindLaw's Writ) -- Recently, the Federal Trade Commission (FTC) has gotten tough with US companies that have not lived up to their own privacy promises to European consumers. In particular, it has filed complaints against seven US companies that claimed that they were adhering to the European Union's Safe Harbor Program, but allegedly were not. (The FTC issues or files a complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaints themselves are not a finding or ruling that the named parties have violated the law.)....

Elevating Judge David Hamilton to the Seventh Circuit

Tues., Nov. 17, 2009 00:00:01 GMT

(Carl Tobias, for FindLaw's Writ) -- When President Barack Obama assumed office in January, fourteen of the 179 judgeships on the United States Courts of Appeals were unfilled. Thus, it was imperative that the new chief executive promptly fill these vacancies. Currently, however -- although Obama has instituted measures to facilitate appointments -- most of those positions are still empty, and a number more have opened up, as judges have retired or assumed senior status, so that the total number of openings is presently twenty, representing over ten percent of federal appellate seats....

Senator Orrin Hatch Responds to Professor Carl Tobias on Judicial Nominations

Mon., Nov. 16, 2009 00:00:01 GMT

(Senator Orrin Hatch) -- Professor Carl Tobias recently argued that Senate Republicans are keeping President Obama from appointing federal judges. He is wrong on both his facts and his conclusions....

Is There a Constitutional Right to Sign a Petition Anonymously?

Mon., Nov. 16, 2009 00:00:01 GMT

(Michael Dorf, for FindLaw's Writ) -- Last month, in Doe #1 v. Reed, the United States Court of Appeals for the Ninth Circuit rejected a claim that over one hundred thousand people who signed a Washington state petition have a constitutional right to prevent the public from learning their names and addresses. The plaintiffs, who have already prevailed on one aspect of their case in the Supreme Court, have now filed a new petition seeking review by the Justices. In this column, I consider the surprisingly difficult question of whether there is a constitutional right to sign a petition anonymously....

Why the Stupak Amendment to the Healthcare Reform Bill Is Unconstitutional

Thurs., Nov. 12, 2009 00:00:01 GMT

(Marci Hamilton, for FindLaw's Writ) -- The United States Conference of Catholic Bishops registered a major victory this week, when it succeeded in pressuring members of the House to include in the healthcare reform bill the so-called "Stupak Amendment." The Amendment is a provision that carves out new territory for those organizations and persons who oppose abortion -- virtually all of whom are religiously-motivated. It does so by forbidding federal funds from being applied to abortions in any instance, including when those funds are being used to subsidize the purchase by low- or middle-income individuals of private insurance on the open market. Under the Stupak Amendment, federal funds cannot be used to pay for "any part" of an insurance plan that would fund abortions....

A First Amendment Challenge to Animal Activists' Convictions: How Far Can Protesters Go? Part One

Wed., Nov. 11, 2009 00:00:01 GMT

(Julie Hilden, for FindLaw's Writ) -- On October 14, a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a split decision in a criminal case that is likely to prove significant both for legal doctrine relating to the advocacy of illegal activity, and for the future of animal rights activism....

Courts Divide Over the Constitutionality of Sex Toy Bans

Tues., Nov. 10, 2009 00:00:01 GMT

(Joanna Grossman, for FindLaw's Writ) -- The Supreme Court of Alabama recently upheld a state obscenity law banning the sale or promotion of sex toys. In so holding, the Court agreed with one of the two federal appellate courts to consider the same question in recent cases....

Suit Challenges Federal Ban on Compensation for Bone Marrow Donor

Mon., Nov. 9, 2009 00:00:01 GMT

(Sherry Colb, for FindLaw's Writ) -- Recently, the Institute for Justice (IJ) filed a lawsuit against Attorney General Eric Holder Jr., asking that he be enjoined from enforcing the federal criminal prohibition on compensating bone marrow donors, a prohibition contained in the National Organ Transplant Act (NOTA) of 1984. Other plaintiffs in the suit include patients suffering from blood diseases such as leukemia....

Should Summary Judgment Have Been Granted in the Federal Proposition 8 Suit? Part Two

Fri., Nov. 6, 2009 00:00:01 GMT

(Vikram David Amar, for FindLaw's Writ) -- In my last column, Part One in this series, I discussed some recent developments in the federal court litigation over the legality of California's Proposition 8. That initiative measure, adopted by state voters last fall, amended the California constitution to ban recognition of same-sex marriage in the state. Opponents of Proposition 8 filed suit in federal district court this spring alleging that the provision violates the due process and equal protection clauses of the United States Constitution....

Should Federal Agencies or Courts Protect Consumers in Financial Markets?

Thurs., Nov. 5, 2009 00:00:01 GMT

(Neil Buchanan, for FindLaw's Writ) -- As Congress and the Obama administration struggle with a variety of proposed changes to the laws governing U.S. financial markets, it appears likely that existing regulatory agencies will ultimately be given more responsibility to guarantee the safety and soundness of the markets....

A First Look at the Military Commissions Act of 2009, Part One

Wed., Nov. 4, 2009 00:00:01 GMT

(Joanne Mariner, for FindLaw's Writ) -- Last week, President Obama signed the 2010 National Defense Authorization Act, which included a package of changes to the rules governing military commission proceedings. Called the Military Commissions Act of 2009, the new law replaces � and somewhat improves upon � the Bush-era military commissions legislation known as the Military Commissions Act of 2006....

The Constitutionality of Health Insurance Reform, Part II: Congressional Power

Mon., Nov. 2, 2009 00:00:01 GMT

(Michael Dorf, for FindLaw's Writ) -- Although many key details remain to be negotiated, Congress appears poised to enact some substantial reform of American health care that will build on, rather than replace, our patchwork of government, private, and non-profit insurance. The bill that the President signs will likely contain, among other things, an "individual mandate" requiring that everyone obtain health insurance or face a financial penalty. Would such a mandate be constitutional?...

With Obama Proceeding Reasonably To Fill Federal Judgeships, the Bottleneck Is the Senate

Fri., Oct. 30, 2009 00:00:01 GMT

(Carl Tobias, for FindLaw's Writ) -- A growing drumbeat of commentary has recently criticized President Barack Obama for not acting quickly enough to fill the 96 present vacancies on the federal appellate and district courts. However, as I shall explain, closer evaluation of the record compiled by President Obama shows that these criticisms are actually unwarranted, and that responsibility should more properly be assigned elsewhere. In particular, blame should now be placed at the Senate's door....

Why The Obama Administration Should Have Strongly Opposed the UN Religious Defamation Resolution

Thurs., Oct. 29, 2009 00:00:01 GMT

(Marci Hamilton, for FindLaw's Writ) -- Islamic countries recently have been pushing the United Nations to adopt a resolution that would make "religious defamation" a civil rights violation. Their theory is that it should be a human rights crime for anyone to speak negatively about a religion. Their aim is to bring the world community to their side in condemning the public criticism of Islamicism in any and every context, including that of political cartoons....

Are "Hate Crimes" the Same Thing as "Thought Crimes"?: Opponents of the Federal Hate Crime Bill Invoke Free Speech

Wed., Oct. 28, 2009 00:00:01 GMT

(Sherry Colb, for FindLaw's Writ) -- Today, President Obama is scheduled to sign the Matthew Shepard Hate Crimes bill, which will expand the scope of the federal hate crime law to include that committed on the basis of gender, sexual orientation, gender identity, or disability....

Does the Federal Anti-Animal-Cruelty-Depiction Statute Violate the First Amendment? Part Two

Tues., Oct. 27, 2009 00:00:01 GMT

(Julie Hilden, for FindLaw's Writ) -- Does the federal criminal statute targeting depictions of illegal animal cruelty violate the First Amendment? Earlier this month, the Supreme Court heard oral argument in a case that raises this very question. In this column � the second in a two-part series -- I'll continue my analysis of that case....