Legal Analysis and Commentary from Justia
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David S. Kemp

Changing Our Attitudes Toward Health Policies

Justia columnist and attorney David Kemp discusses two recent issues that have come up in recent news related to health and health policy. The first issue Kemp discusses is that of breast cancer prevention and treatment, in light of a New York Times op-ed written by actress and director Angelina Jolie. The second issue is the recent and alarming outbreak of bacterial meningitis in New York City, particularly among gay and bisexual men. Kemp compares and contrasts the two issues, arguing that there is no place for moral approbation or judgment in the prevention and treatment of these diseases or any others. Continue reading →

Posted In: Health Law, Other Commentary

More Analysis and Commentary

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President Obama’s Burgeoning Scandals—Benghazi, IRS, and AP’s Telephone Logs—Are All Smoke and No Fire

Justia columnist and former counsel to the president John Dean discusses each of the three scandals on which the media are currently focusing. After commenting on the nature of modern political scandals generally, Dean focuses on the Benghazi scandal, the scandal regarding the IRS’s targeting conservative organizations, and the scandal regarding DOJ’s subpoenaing AP telephone records. Each scandal, Dean concludes, will not be found significant in the end. Continue reading →

Posted In: Politics

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Abuse in the Sports World, and What Needs to Be Done About It

Justia columnist and Cardozo law professor Marci Hamilton discusses abuse in the world of sports, including school, amateur and professional sports. While child sex abuse has been a problem in this world, physical, emotional, and verbal abuse are far too common, and need to stop as well, Hamilton urges. She cites the example of Rutgers basketball coach Mike Rice, but stresses that Rice is far from alone in his abusive behavior. And, Hamilton notes, it is a problem that athletes looking for—or wanting to continue with—college scholarships feel that they have no other choice but to take the abuse. Hamilton asks us all to imagine sports as it should be: free of bullying and fear, and offers a model code of conduct for sports addressing the various forms of abuse that athletes may suffer, as well as reporting requirements when abuse does occur. Continue reading →

Posted In: Education, Other Commentary

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The U.S. Supreme Court Rules That Blood Tests for Drunk Driving Suspects Require a Search Warrant: A Wise Decision?

Justia columnist and Cornell law professor Sherry Colb considers the merits of the Supreme Court’s approach to cases where drunk driving is suspected, as set forth in Missouri v. McNeely. There, the Court held that police must conduct a “totality of the circumstances” exigency analysis to determine whether seeking a warrant prior to performing a blood test would significantly undermine the efficacy of the search in an individual case. Colb considers whether the Court’s ruling makes sense, in light of what generally happens in DWI cases, and discusses an alternative approach that was proposed by the Chief Justice, as well as the approach described in Justice Thomas’s dissent and its witty hypothetical. Continue reading →

Posted In: Criminal Procedure

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A Difference of Opinion: Are Universal Life Church Weddings Valid in New York?

Justia columnist and Hofstra law professor Joanna Grossman comments on the validity, in New York, of marriages performed by the Universal Life Church, which ordains its ministers via the click of an online button, and subsequent online approval. New York courts are split on the matter, and as Grossman notes, a recent annulment filing has brought the issue up once again. Her column brings up interesting questions such as, “Who is a minister?” and “What is a Church?” Continue reading →

Posted In: Family Law

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Why Tennessee Might—and Should—Reject Its Proposed “Ag Gag” Bill

Justia columnist and attorney Julie Hilden comments on a Tennessee controversy over a proposed ag-gag law that would require anyone who intentionally records images of animal abuse to submit their unedited footage or photos to law enforcement within 48 hours. Hilden argues that, as Tennessee Attorney General Bob Cooper—who called the proposed law “constitutionally suspect”—has argued, it has numerous serious flaws. Continue reading →

Posted In: Speech and Religion

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The Breadth of the Ministerial Exception and Ecclesiastical Deference: A State Supreme Court Case Highlights Questions Left Open by Last Year’s U.S. Supreme Court Hosanna-Tabor Ruling

Justia columnist and U.C., Davis law professor Vikram David Amar comments on a decision from the Kentucky Supreme Court concerning the ministerial exception to employment discrimination law, which leaves some inquiries to ecclesiastical, rather than secular resolutions. In this area of law, Amar notes that last year’s U.S. Supreme Court case on the ministerial exception, Hosanna-Tabor, left a number of questions still to be answered by the courts, both state and federal—including the U.S. Supreme Court, meaning, Amar says, that future High Court clarification is likely. Continue reading →

Posted In: Speech and Religion

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How Did Gay Bashing Become Part of the Debate Over Government Spending and Deficits? Why We Need to Focus on Making Wise Investments in Future Prosperity

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the recent contention by Harvard history professor Niall Ferguson that famed economist John Maynard Keynes was gay and, for that reason, did not care about the well-being of future generations. Buchanan rebuts this ugly claim on a number of levels; notes similar arguments that cropped up before the Supreme Court in the Prop 8 oral argument; and makes the case that far from ignoring future generations, Keynes had their interests always at heart, and sought to build for them a more prosperous future. Continue reading →

Posted In: Tax and Economics

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Legal Limits on the Forced Feeding of Hunger-Striking Guantanamo Bay Detainees

Justia columnist and Cornell law professor Michael Dorf comments on the law applicable to the forced feeding, via tubes, of those Guantanamo detainees who refuse to eat, as they are on a hunger strike, and are becoming dangerously weak. Human rights groups condemn the forced feeding as cruel, but the government says that it is better than the detainee’s dying. With U.S. law unclear on the force-feeding issue as it related to detainees, Dorf analyzes the situation, citing two relevant Supreme Court precedents and other legal sources that might shed light on the issue. He also suggests that the detainees’ best hope, in this situation, might be to invoke international law, though their chances of prevailing will still be slim. Continue reading →

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Posted In: Constitutional Law, Human Rights, Military Law

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Multilevel Marketing: How to Avoid Building the Pyramid

Attorneys Jonathan E. Turco and David O. Klein comment on how companies can engage in perfectly legal multilevel marketing without running the risk of engaging in an illegal pyramid scheme. Turco and Klein detail how the two differ; explain the rules of the road regarding multilevel marketing; and comment on both state and federal regulations in this area of law, including a set of FTC safeguards. Continue reading →

Posted In: Consumer Law, Technology Law