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A First Amendment Victory: Allowing Political Parties to Endorse Judicial Candidates

Posted on September 19th, by Jonah in Updates. No Comments

In a victory for free speech in political campaigns earlier this week, the Ninth Circuit in Sanders County Republican Central Committee v. Bullock enjoined Montana from enforcing a Montana statute that prohibits political parties from endorsing judicial candidates. The court ruled that the law violates the First Amendment’s protection of speech. The Sanders County Republican [...]

Texas v. Holder and the Propriety of Voter ID Legislation

Posted on September 12th, by Skye in Updates. 1 Comment

In Texas v. Holder, the federal district court in Washington unanimously struck down a Texas voter ID law (henceforth “SB 14″) requiring that prospective voters present photo IDs before casting their ballots. Judge Tatel, writing for the three-judge panel, deemed SB 14 to be “retrogressive” and “the most stringent in the nation” — “far more [...]

Jones, Redux

Posted on September 12th, by Skye in Updates. No Comments

The Supreme Court’s decision in United States v. Jones, rendered last January, proved anticlimactic for those followers of technology and the Fourth Amendment jurisprudence expecting an embrace or rejection of the mosaic theory promulgated by the D.C. Circuit in Maynard. Though the Court voted unanimously, holding that the government’s placement of a GPS tracking device [...]

Protecting Property Left by the Homeless on the Sidewalk

Posted on September 11th, by Jonah in Updates. 1 Comment

Does the Constitution protect the property of homeless people who leave such property in public areas while they perform tasks such as eating and showering? The answer is yes, according to the Ninth Circuit. Judge Wardlaw, writing for the court in Lavan v City of Los Angeles, ruled that the 4th and 14th Amendments protects [...]

The Founders and Patent Law

Posted on September 6th, by Jonah in Updates. No Comments

Patent law, traditionally thought by many to be a dull area of the law, has grabbed the legal spotlight recently. The recent patent infringement lawsuit between Apple and Samsung garnered daily headlines, and was dubbed the “Patent Trial of the Century” by the Wall Street Journal, among others. In another much-discussed lawsuit, Judge Richard Posner, [...]