Does federal funding disqualify faith-based groups from using religious criteria in employment decisions and policies - an allowance they enjoy under both civil-rights law and Supreme Court rulings in cases not involving federal funding? Leave aside the fact that existing civil-rights law and Supreme Court rulings support religious hiring rights, and that only one federal court, a district court in Mississippi, has ruled that religious employment discretion is forfeited with the acceptance of government funds.
Clause 1. Cases and Controversies; Grants of Jurisdiction . Claus... too far to extend the jurisdiction of the Court generally to cases arising under the Constitution,... able to request advisory opinions of the Supreme Court. This intent of the Framers was early effec... case arises only when a party asserts his rights "in a form prescribed by law." "By cases and cont... that entitles them to a percentage of any civil penalty assessed for violation, have been held to ...
Nearing the fifteenth birthday of the Americans with Disabilities Act (ADA), most commentators believe that its overall effects have been disappointing. By this point, there is a standard set of explanations for the ADA's failures: the Supreme Court's limiting decisions relating to the definition of disability, the limits of antidiscrimination law, and the economic failures of the accommodation mandate. This Article challenges the assumption, nearly universal until now, that these explanations and recommendations apply equally to the entire ADA. Through a first-ever quantitative analysis of Title II and III cases, this Article shows that these cases -- unlike title I cases -- fare relatively well in the courts compared with other civil rights statutes. This Article suggests that the maj...
...(2003), clarified that AEDPA applies to cases likePinholster's, the court amended its order but... avital role in protecting constitutional rights.' " Holland v.Florida, 560 U. S. ___, ___ (2010) (... See Brieffor American Civil Liberties Union as Amicus Curiae 9("The whole po...
In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence—every jurisdiction, that is, except Kentucky. The Supreme Court of Kentucky recently held that when there is no duty to warn about a consequence because it is collateral, misadvice about that same consequence is not a consti...
... issue of constitutional informational rights in the guilty-plea context. 11 Its decision will ... about collateral consequences in criminal cases. 13 Effective-assistance-of-counsel jurisprudence... registration, post-sentence involuntary civil commitment as a "sexually violent predator," the l...
In June, 2009, the US Supreme Court issued a controversial 5-4 decision involving the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits an employer from taking an adverse employment action against an employee "because of such individual's age." Gross v. FLB Financial Services Inc was a mixed-motives disparate treatment case, in which both discriminatory and legitimate factors allegedly accounted for FBL's decision to demote a 54-year-old employee. Speaking for the five conservative Justices, Justice Clarence Thomas rejected the argument that the analytical formula that applies in mixed-motives cases brought under Title VII of the 1964 Civil Rights Act also applies in ADEA cases. Details of the case are presented.
The right to counsel is one of the most established tenets of criminal law. But a recent U.S. Supreme Court case could lead more trial courts to find a right to counsel in civil cases where litigants face the potential loss of liberty or other rights, and procedural protections are lacking. The case, Turner v. Rogers, "sets a precedent allowing judges to be a little more proactive in deciding when pro se litigants" can get appointed counsel in civil cases, said Albert S. Dandridge, a partner in the Philadelphia office of Schnader Harrison Segal & Lewis who has written about the ruling's implications.
In two separate cases, the Supreme Court considered the appropriate use of the exclusionary rule, refusing to apply it to instances where law enforcement fails to comply with the knock and announce requirement prior to making a forcible entry and to statements made by an individual when not afforded notice of the right to consular notification under Article 36 of the Vienna Convention on Consular Affairs. In two employment-related cases, the Court further clarified what speech and expressive conduct would qualify for protections afforded government employees under the First Amendment and clarified what would amount to retaliation within the antidiscrimination in employment provisions of Title VII of the Civil Rights Act of 1964.
Arbitration . Paris Court of Appeal rules in favour of enforcing Paris ICC aarbitral award, despite contrary UK Supreme Court ruling . Dallah Real Estate v Government of ... It noted that: (i) the Pakistani Government civil servants had participated in the performance of th... witnesses such that (save in defamation cases) they are now exposed to being sued and held liabl... that the applicant's legal or equitable rights were infringed or threatened by a continuation of ...
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