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Eli Wald on Judicial Disqualification under the Due Process Clause of the Fourteenth Amendment, Caperton v. A. T. Massey Coal Co., Inc., et al, 2009 U.S. LEXIS 4157, 129 S. Ct. 2252 (2009).

In Caperton v. A. T. Massey Coal Co., Inc. , the U.S. Supreme Court explored whether a justice who received extraordinary campaign contributions from the board chairman and principal officer of appellant corporation violated the Due Process Clause of the Fourteenth Amendment when he denied a recusal...

Supreme Court To Hear Violent Video Game Case

LONG BEACH, Calif. - (AP) Before picking up any Wii games or downloading apps on her iPhone for her two daughters, Lillian Quintero does her homework. She'll first read reviews online and in magazines, then try them out for herself. If she thinks the games are engaging and educational enough. . ...

Birthright Citizenship Legal Resources

For nearly a century and a half, the Fourteenth Amendment to the U.S. Constitution has provided automatic citizenship to almost everyone born in the United States. News reports say that legislators in many states are going to try to pass laws this year that deny such "birthright citizenship"...

Lawsuit Challenges Discretion In Issuing Gun Permits

SACRAMENTO, Calif. - (AP) The nationwide debate over liberalizing gun laws spilled into a federal courtroom in Sacramento on Thursday as gun-rights groups challenged how much discretion California's law enforcement officials have in issuing concealed weapons permits. Gun-rights advocates argued that...

Camreta v. Greene: Will The Supreme Court Reach An Important 4th Amendment Issue Concerning Questioning Witnesses?

By Jay Shapiro, Partner Katten Muchin Rosenman LLP "If the Supreme Court finds its way to one of the critical issues in Camreta v. Greene, 588 F.3d 1011 (9th Cir. Or. 2009) (Free unenhanced version of the opinion available from lexisONE Free Case law), it will have the opportunity to address a...

Excerpts from the April 1, 2012, Bender's Immigration Bulletin: Ending Birthright Citizenship Would be Costly to America

Ending Birthright Citizenship Would be Costly to America On March 5, 2012 the National Foundation for American Policy ("NFAP") published a paper authored by Bender's Immigration Bulletin Editorial Board member Margaret D. Stock. Entitled " The Cost to Americans and America of Ending...

Why Joe the Plumber’s Civil Rights Claims Were Flushed Down the Toilet

Plaintiff, Joe the Plumber, became a national figure during the 2008 presidential campaign when he appeared in the media on numerous occasions questioning and criticizing then Senator Obama's tax plan particularly as it related to small businesses. Plaintiff subsequently filed a 42 U.S.C.S. §...

Nebraska Lawyer Sues Bar Association Over Speech Rights

By William Perry Pendley DENVER - A Nebraska attorney on Oct. 9 filed a lawsuit against the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under the Constitution's First and Fourteenth Amendments. Scott Lautenbaugh, Esq., an Omaha, Nebraska...

Nebraska Lawyer Seeks Class Certification And Injunction

By William Perry Pendley DENVER - A Nebraska attorney on Oct. 12 filed additional pleadings in his lawsuit against the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under the Constitution's First and Fourteenth Amendments. Scott Lautenbaugh...

State Net Capitol Journal: Supreme Court Weighs In On Major ‘Equal Protection' Cases

Last week was an historic one for the U.S. Supreme Court. The justices handed down rulings on three weighty issues that have been contested in statehouses across the country for decades: affirmative action, same-sex marriage and the Voting Rights Act. The decisions will reshape the meaning of the U.S...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

9th Circuit Strikes Down Arizona’s Proposition 100, A Constitutional Amendment Denying Bail To Undocumented Immigrants

Arizona’s Proposition 100, which mandates that bail be denied for serious felony offenses as prescribed by the state legislature, if the person charged has entered or remained in the United States without documentation, was struck down on October 15, 2014, by the United States Court of Appeals...

McNees, Wallace & Nurick LLC Family Law Update: Parent's Responsibility to Pay for Child's College Education

By Anthony Hoover In 1993, Pennsylvania passed a law that provided courts the authority to require parents to pay college expenses for their children (23 Pa.C.S. § 4327). In 1995, the Pennsylvania Supreme Court, in Curtis v. Kline , held that the 1993 statute was unconstitutional [ enhanced...

California: Due Process – A Constitutional Right

The California WCAB has issued several decisions recently on the topic of “due process.” The term “due process” is a phrase attorneys often fling about in court whenever they want to convey that something “unfair” has occurred. But the term has a very specific meaning...

No 14th Am. Birthright Citizenship for American Samoans: CADC

"Appellants are individuals born in the United States territory of American Samoa. Statutorily deemed “non-citizen nationals” at birth, they argue the Fourteenth Amendment’s Citizenship Clause affords them citizenship by dint of birthright. They are opposed not merely by the United...

Katten Muchin Rosenman LLP: 8 Key Estate Planning Opportunities Arising From The Supreme Court's Decision On Same-Sex Marriage

By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases known as Obergefell v. Hodges [1] struck down every...

Expert: Abolishing Birthright Citizenship Would Jeopardize American Equality Principle

"Donald Trump is not the first Republican presidential candidate to float the idea of scrapping the principle that anyone born in the United States automatically becomes a US citizen. And he probably won’t be the last. [This story is based on a radio interview. Listen to the...

Why Birthright Citizenship is Most Wonderful for America - Cyrus D. Mehta

Please take a moment to read Cyrus D. Mehta's post in its entirety to learn why tinkering with the Fourteenth Amendment would lead to 'absurd and disastrous results.'