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Month: March 2016

Federal Ruling Muddies the Law on Recording the Police

Federal Ruling Muddies the Law on Recording the Police

Update: In July of 2017 a federal court reversed the decision described below. See our post on the reversal. — Constitutional and criminal law are littered with nuances  and vagaries. But at least we’ve got a basic, First-Amendment rule on recording the police. To summarize: Almost every court to consider the issue has determined that the First Amendment gives you the right to record (pictures, video, and audio) an officer in public while he is performing his duties. But that doesn’t mean…

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EEOC Files First Lawsuits for Sexual Orientation Discrimination Under Title VII

EEOC Files First Lawsuits for Sexual Orientation Discrimination Under Title VII

Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first two lawsuits against a Pennsylvania employer and a Maryland employer for sexual orientation discrimination. The EEOC’s actions are not too surprising, given its recent decision in July of 2015, in which it held that discrimination against employees based on sexual orientation was illegal sex discrimination under Title VII of the Civil Rights Act. The EEOC’s decision is seen as controversial by some, as federal courts have historically found…

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Widespread Outrage Over Suggestion That Children Represent Self in Immigration Court

Widespread Outrage Over Suggestion That Children Represent Self in Immigration Court

Count me in as another voice within the chorus of shocked responses to senior immigration court judge Jack. H. Weil, who said during a deposition that three- and four-year olds can learn immigration law well enough to represent themselves in court. This wasn’t just a casual comment; Judge Weil was addressing the issue of whether children facing deportation are entitled to attorneys at taxpayer expense. And let’s not forget that he trains other immigration judges nationwide, many of whom are hearing cases of immigrant children…

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Buyer Desperation a Major Factor in Current Real Estate Market

Buyer Desperation a Major Factor in Current Real Estate Market

I recently asked a Bay Area real estate agent about trends she’s observing in the current market. The first thing out of her mouth was the new need for her to understand buyer psychology as they learn the consequences of low housing inventory (fewer homes on the market than interested buyers). No longer is it a simple matter of buyers figuring out how much money they have saved up and how much house they can thereby afford, doing a bit of shopping,…

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Kansas Supreme Court: Law Making It a Crime to Refuse DUI Chemical Testing Is Unconstitutional

Kansas Supreme Court: Law Making It a Crime to Refuse DUI Chemical Testing Is Unconstitutional

By John McCurley Like all other states, Kansas has an “implied consent” law for drivers suspected of DUI (driving under the influence). These laws generally require that drivers arrested for driving under the influence submit to chemical testing for the purpose of determining whether and how much alcohol or drugs are in their bodies. (These tests typically involve the analysis of blood, breath, or urine.) In most states, the consequences of refusing a chemical test are administrative—the driver’s license will…

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