Last week, the Supreme Court granted cert in a group of cases that will likely be some of the most watched of the term -- the contraception mandate cases -- one of them originating in the Third Circuit.
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The first thing we learned in Corporations class in law school was that Delaware was the darling of incorporation. Why? For a number of reasons, one of them Delaware's Court of Chancery, which specializes in business disputes. In fact, the court shows its own business savvy and marketing prowess on its website where it boasts that "[i]ts unique competence in and exposure to issues of business law are unmatched." Sounds like a car commercial.
A few weeks ago, the Third Circuit issued an opinion that's not as business friendly as the Delaware court would like. And, with appeals deadlines passing, as reported by Wilmington, Delaware's The News Journal, we're wondering if this is heading to the U.S. Supreme Court.
A class of disabled students sued the Pennsylvania Department of Education, claiming that the state's special education funding formula violated the Individuals with Disabilities Act ("IDEA"), the Americans with Disabilities Act ("ADA"), and the Rehabilitation Act ("RA").
Finding the state's funding formula valid, the students' claims failed after a bench trial, and the Third Circuit affirmed.
We've just about had enough with the notion that breast cancer awareness-promoting bracelets reading "I Heart Boobies" are lewd or indecent. But apparently, the Easton Area School District has not. Earlier this week the school board voted 7-1 to appeal the Third Circuit's decision to the Supreme Court of the United States, reports The Assoicated Press.
In this time of shrinking school budgets, the Pennsylvania school district would rather pursue litigation, than education.
September 11, 2001, was a game-changer as far as FBI activity is concerned, with the release of the Domestic Investigations and Operations Guide in 2008. As a result, the FBI can "engage in limited racial and ethnic profiling" and mapping "of concentrated ethnic communities," when dealing with criminal, and terrorist, threats and investigations.
Understandably, the ACLU has a problem with these procedures and has started a campaign of its own called Mapping the FBI, seeking to "expose misconduct, abuse of authority" and abridgement of our civil liberties nationwide. Through 34 of its affiliates, the ACLU has filed public records requests to understand what the FBI is collecting and mapping. We're now seeing these cases make their way through the judicial system.
Since the Supreme Court's Windsor decision finding DOMA unconstitutional, earlier this year, there's been a flurry of activity across the nation with renewed efforts in states to allow same-sex marriage.
Today, we review the status of gay-marriage in the states that comprise the Third Circuit: Delaware, New Jersey and Pennsylvania.
Yesterday, the Third Circuit decided a case that could have a ripple effect across the nation.
The case involved the brothers Katzin, and their spree of burglaries of Rite Aid pharmacies across three states. When Harry Katzin emerged as a suspect through investigation, police consulted with the United States Attorney's office, and put a "slap-on" GPS tracker on Katzin's van -- without first obtaining a warrant.
Law enforcement tracked the brothers, and right after a Ride Aid pharmacy was burgled, the men were stopped in their van. A search of the vehicle turned up items that had been stolen from Rite Aid. Before trial, the brothers moved to suppress evidence obtained in the van, and the district court agreed, suppressing the evidence.
Have you ever been to the Hell's Kitchen neighborhood in New York? While I was a struggling law student, I lived there and I would often see drug baggies on the street, and an occasional prostitute at work in her John's car. Now, it's like Disneyland on crack.
In the latest case of gentrification, a group of citizens sued their township claiming disparate impact under the Fair Housing Act. How will the Supreme Court decide?
For a place that played such a pivotal role in the forming of our nation's democracy, you would think Pennsylvania would uphold the rights of voters, rather than find new ways to disenfranchise them.
While we await decision from Pennsylvania courts regarding the constitutionality of its newly enacted voter id laws, a unanimously passed bill permitting online voter registration has now stalled in the House State Government Committee.
A New Jersey judge has ruled that the Garden State must extend its constitutional protections and allow gay marriage beginning in October. The ruling comes soon after the U.S. Supreme Court's United States v. Windsor decision, and may be a bellwether for other states.
To understand the opinion by the New Jersey Superior Court for Mercer County, one must first understand the changing landscape of the law; we now examine existing New Jersey law and precedent, as well as the Supreme Court's Windsor decision.