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LawReader News

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Middle Class Getting Squeezed Out of Courts. So What is Being Done About it?

[Jan 27th, 2015]
  Julie Kay, Daily Business Review January 26, 2015 Chief Justice Jorge Labarga and Judge Marcia CookeAM Holt Poor and middle-class litigants in Florida are increasingly showing up to court without lawyers, resulting in a significant access-to-justice problem throughout the state. That was the consensus of a panel on “The Importance of Access to Justice [...]

Supreme Court knocks down promised health benefits for union retirees

[Jan 26th, 2015]
  By DAVID G. SAVAGE   Supreme Court deals setback to unions over pledges to provide lifetime health coverage The Supreme Court cast doubt Monday on the future of old union contracts that had promised lifetime health benefits for retired workers and their families. In a case seen as a victory for corporate America, the justices [...]

Kentucky Supreme Court issues important guidance on proper jury instructions concerning causation of a plaintiff?s injury or death.

[Jan 26th, 2015]
  By David Kramer | dkramer@dbllaw.com In an opinion issued in December 2014 that recently became final, the Kentucky Supreme Court issued important guidance on proper jury instructions concerning causation of a plaintiff?s injury or death. In Branham v. Rock, 2012-SC-707, a decision authored by Justice Michelle Keller arising out of a medical malpractice action, the Court held that [...]

Rand Paul?s Brand of Judicial Activism ? Lochner v. New York discussed

[Jan 26th, 2015]
JAN 26, 2015 8:00 AM EST By Cass R. Sunstein For many decades, the Supreme Court?s 1905 decision in Lochner v. New York has ranked among the most universally despised rulings in the history of American law. In that long-repudiated case, the court struck down a maximum-hours law for bakers. A week ago, Senator Rand Paul [...]

Texas Used Junk Science to Restrict Abortion The state?s experts lied?and they got caught. By Kathryn Kolbert

[Jan 23rd, 2015]
Abortion rights activists protest outside a federal court in Austin, Texas, on Aug. 4, 2014, where a hearing started about restrictions on abortion clinics in the state. Photo by Jon Herskovitz/Reuters On Jan. 7, the U.S. Court of Appeals for the 5th Circuit heard oral arguments in a Texas case challenging the constitutionality of an abortion [...]

COUNTY LAW LIBRARY PURSUING NEW COURT FEES in Texas

[Jan 23rd, 2015]
  Posted: January 23, 2015 - County Law Library fees in Kentucky have dropped.  Isn?t it time for the Legislature to increase court costs to allow proper funding of Kentucky?s County Law Libraries? Stan Billingsley, LawReader.com By MATT DOTRAY A-J MEDIA The shelves at the Lubbock County Law Library aren?t as full as they used to be. [...]

Attorney: Lawmaker can?t be charged with DUI during session

[Jan 23rd, 2015]
BY ADAM BEAM Associated PressJanuary 22, 2015 FRANKFORT, KY. ? A state senator is trying to have his DUI charge dismissed because the state constitution bans lawmakers from being arrested while the legislature is in session. Republican state Sen. Brandon Smith of Hazard was arrested and charged with DUI on Jan. 6, the first day of [...]

GOVERNOR WENDELL FORD DIES AT AGE 90

[Jan 22nd, 2015]
Wendell Ford, the patriarch of Kentucky Democratic politics in the latter part of the 20th Century, died Thursday morning in Owensboro, his hometown. He was 90. Ford served 24 years in the U.S. Senate and was governor from 1971 to 1974. He was the first person in Kentucky history to be elected lieutenant governor, governor [...]

U.S. Supreme Court: Citizens Have No Protection Against 4th Amendment Violations

[Jan 21st, 2015]
  WASHINGTON, D.C. ? In a blow to the constitutional rights of citizens, the U.S. Supreme Court ruled 8-1 in Heien v. State of North Carolina that police officers are permitted to violate American citizens? Fourth Amendment rights if the violation results from a ?reasonable? mistake about the law on the part of police.   Acting [...]

Citizens United?s Legacy: Supreme Court Poised To Strike Down Another Key Campaign Finance Law

[Jan 21st, 2015]
BY IAN MILLHISER POSTED ON JANUARY 20, 2015 AT 9:01 AM UPDATED: JANUARY 20, 2015 AT 2:27 PM Imagine you are a lawyer representing one of your firm?s most important clients ? a client that provides a huge chunk of your firm?s revenues and that allows you and your law partners to afford your mortgages. The client?s general counsel [...]

Is the Supreme Court About to Gut Another Civil Rights Law?

[Jan 21st, 2015]
  First, it was voting rights. Now, the Roberts court takes on the Fair Housing Act. ?By Pema Levy | Wed Jan. 21, 2015 6:15 AM EST In June of 2013, the Supreme Court struck down a key provision of the Voting Rights Act, making it more difficult to enforce that landmark civil rights law. On [...]

Take Advantage of Class Action Waiver Protections

[Jan 20th, 2015]
  Ronald L. Hicks, The Legal Intelligencer January 20, 2015   Companies have new protections against class action lawsuits, thanks to two recent decisions by the U.S. Supreme Court. The court’s decisions in American Express v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), and Oxford Health Plans v. Sutter, 133 S. Ct. 2064 (2013), provide significant [...]

SCOTUS Considers Major Energy Case From Western Energy Crisis

[Jan 18th, 2015]
  The Western energy crisis in 2000 and 2001 is finally getting its day in court ? the U.S. Supreme Court, to be specific. On Monday, the Supreme Court heard oral arguments in Oneok vs. Learjet. The lawsuit was brought by industrial companies in several Western states that purchase large quantities of natural gas for direct [...]

Supreme Court may dilute EEOC?s aggressive legal strategy re: concilation

[Jan 18th, 2015]
  Judy Greenwald  Jan. 8, 2015 The U.S. Supreme Court appears highly likely to take some degree of judicial review of whether the Equal Employment Opportunity Commission must seek conciliation with employers before suing them for violating federal law. The high court heard oral arguments last week in a case in which a three-judge panel [...]

Opinion analysis: Even habeas appellees may argue any ground fairly presented by the record so long as it does not enlarge the appellee?s rights

[Jan 16th, 2015]
Rory Little Criminal Law Posted Fri, January 16th, 2015 12:27 pm Email Rory Bio & Post Archive » Since at least 1924, when the Supreme Court endorsed it in United States v. American Railway, a general rule of appellate procedure has been that an appellee ? that is, the winner below ? ?may urge in support? of [...]

U.S. Supreme Court Could Allow Judges in 30 States to Solicit Campaign Contributions from Wealthy Donors

[Jan 15th, 2015]
Concerns about the appearance of corruption in American courts have grown more urgent in recent years as spending on judicial races has exploded. By Billy Corriher | Thursday, January 15, 2015 PRINT: SHARE: The U.S. Supreme Court could strike down rules that ban elected judges from personally soliciting potential donors for campaign cash. The Court has struck down [...]

Supreme Court sides with MN couple in mortgage cancellation case (No need to file a lawsuit!)

[Jan 14th, 2015]
IssuesThe Associated Press · Washington · Jan 13, 2015 A unanimous Supreme Court ruled Tuesday that home buyers don’t need to file a lawsuit, but may simply write a letter if they want to back out of a mortgage because they claim their lender violated the federal Truth in Lending Act. The decision came in a [...]

The Supreme Court?s Citizens United decision continues to echo

[Jan 9th, 2015]
  By AMANDA HOLLIS-BRUSKY Citizens United vs. Federal Election Commission turns 5 this month, but the damage from the Supreme Court’s revolutionary ruling on campaign finance is just beginning to be felt. Scholars and pundits will undoubtedly mark the anniversary with commentary on such issues as the troubling rise of “super PACs” and the proliferation of [...]

State Courts Strike Blows to Criminal DNA Collection Laws in 2014?What to Look for in 2015

[Jan 6th, 2015]
jANUARY 5, 2015 | BY JENNIFER LYNCH DNA can reveal an extraordinary amount of private information about you, including familial relationships , medical history, predisposition for disease , and possibly even behavioral tendencies and sexual orientation . While DNA testing in a criminal context has some benefits?such as supporting innocence claims?the mass, suspicionless collection, testing, and storing of genetic material from large populations [...]

The Future of Criminal DNA Collection in 2015

[Jan 6th, 2015]
Jennifer Lynch – EFF   DNA can reveal an extraordinary amount of private information about you, includingfamilial relationships , medical history, predisposition for disease , and possibly evenbehavioral tendencies and sexual orientation . While DNA testing in a criminal context has some benefits?such as supporting innocence claims?the mass, suspicionless collection, testing, and storing of genetic material from large populations creates [...]
 

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