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Pledge of Allegiance in Schools Ruled Constitutional on Appeal

Bloomberg:  “Reciting the Pledge of Allegiance with its reference to God in public schools doesn’t violate the U.S. Constitution’s separation of church and state, a federal appeals court ruled. The U.S. Court of Appeals in San Francisco disagreed with Michael Newdow, an atheist who sued a school district near Sacramento, California, challenging the [...]

Law Professor With Too Much Free Time Writes Scholarly Law Review Article on Middle Finger Law

Finally we have a law review article about a legal issue that might interest lay people.  Ira P. Robbins, the Barnard T. Welsh Scholar and a Professor of Law and Justice, at the Washington College of Law of American University published an article in the University of California, Davis Law Review called “Digitus [...]

Stores Land in Gun-Control Crossfire

Wall St. Journal:  “Starbucks Corp. and some other chain stores in the U.S. are finding themselves caught in the middle of a firearms debate, as gun-control advocates go up against a burgeoning campaign by gun owners to carry holstered pistols in public places.  The ‘open carry’ movement, in which gun owners carry unconcealed handguns as [...]

US House Votes To Divide Hawaii on Basis of Race

This is not a joke.  Democrats and a few Republicans in the House of Representatives passed a bill that would recognize a new race, the native Hawaiian race, and give its members special rights and privileges  not given to any other Americans except for native Americans who are members of federal government recognized [...]

Food Police Arrest Employees of Food Distributors Who Took Bribes

New York Times:  “Over the last 14 months, Mr. Watson and three other purchasing managers, at Frito-Lay, Safeway and B&G Foods, have pleaded guilty to taking bribes.  Five people connected to one of the nation’s largest tomato processors, SK Foods, have also admitted taking part in the scheme.”

New Credit Card Rules and College Students

Inside Higher Ed:  “A new era in the vexed relationships between colleges, credit cards and students begins Monday [February 23, 2010], when most of the new provisions of the Credit CARD Act of 2009 take effect.  The law provides new protections to students and imposes new requirements on colleges and alumni groups that [...]

Two Men Who Lied About Earning Military Medals are Charged with Felonies

New York Times:  “Courts to decide whether First Amendment protects lies about being a war hero.  The federal courts are wrestling with a question of liberty and patriotism: Does the First Amendment right to free speech protect people who lie about being war heroes?  At issue is the Stolen Valor Act, a three-year-old [...]

Want to Know what Campaign Finance Reform is Really About?

Interpreting the United States Supreme Court’s decision in Citizens United vs. Federal Election Commission.

Citizens United v. Federal Election Commission (FEC): Supreme Court Ruling Is a Major Victory for New Media First Amendment Rights

The Digital Media Lawyer Blog:  “In a victory for new media rights, the U.S. Supreme Court held today that the Government may not prohibit corporations from making independent expenditures on media in support of political causes.  This opinion invalidated a federal statute, 2 U.S.C. §441b, that prohibited corporations — except those involved in [...]

New Credit Card Rules Effective February 22, 2010

The Federal Reserve’s new rules for credit card companies mean new credit card protections for you. Here are some key changes you should expect from your credit card company beginning on February 22, 2010.

What your credit card company has to tell you

When they plan to increase your rate or other fees. Your credit card company [...]

Psssst … Let’s Nail Sheriff Arpaio

Washington Times:  “Controversial Sheriff Joe Arpaio of Maricopa County, Ariz., is no stranger to hardball tactics, so he probably isn’t fazed by being on the receiving end of rough politics.  Still, that doesn’t excuse the Obama administration’s apparent ideological vendetta against him.   By the (il)logic of the administration and its allies at the [...]

Home Owners Making Agreed Loan Payments Can Lose Their Homes Without Notice

ABA Journal:  “The federal Home Affordable Modification Program is supposed to help struggling owners get revised mortgage terms that will make it possible for them to hold onto their personal residences.  But only a small fraction of those who apply are being approved by lenders, even when they are making trial revised loan [...]

Obamacare: Stimulus for Estate Abuse?

Estate of Denial:  “As U.S. Senate leaders try to wrap up the debate over governmental control of health care, some dangerous characters are lurking in the wings.  Grave robbers, property poachers, walker stalkers and other opportunists seeking to loot estates are likely applauding this move. Disgruntled family members, wannabe heirs or unscrupulous members [...]

Making Criminals out of All Americans

Washington Times:  “The Founders viewed the criminal sanction as a last resort, reserved for serious offenses, clearly defined, so ordinary citizens would know whether they were violating the law.   Yet over the last 40 years, an unholy alliance of big-business-hating liberals and tough-on-crime conservatives has made criminalization the first line of attack — [...]

FBI Says Corruption Threatens “Soul and Fabric” of U.S.

Reuters:  “Corruption, whether in the form of crooked officials, financial fraudsters or even philandering sports stars, is tearing at the fabric of U.S. society and is the country’s No. 1 criminal threat, a senior FBI agent said on Tuesday.   Addressing businessmen in Florida, where financial fraud cases jumped by 42 percent in [...]

Arizona Auto Dealer to Pay $500,000 to Settle Harassment Complaints

Arizona Republic:  “The former owners of Bell Road Auto Mall, who still own Big Bell Road Kia in Phoenix, have agreed to pay $500,000 to settle longstanding sexual and racial harassment charges brought by the Equal Employment Opportunity Commission on behalf of five former employees.  It’s one of a string of similar cases [...]

EEOC Files Class Action Lawsuit to Stop Employer from Considering Prospective Employee’s Criminal History

Workplace Prof Blog:  “Continuing their recent focus on the potential discriminatory effects on racial and ethic minorities from employers’ use of criminal background checks in hiring, EEOC filed a class action law suit on September 30, 2009.   EEOC alleged that a Dallas-based convention and corporate events planning company unlawfully discriminates against black, Hispanic and male [...]

Why Tax Botox? The Alarming Sin Tax Trend

Forbes.com:  “The Senate health care reform bill, released last month, is over 2,000 pages long.  It would generate nearly $850 billion in new federal spending over 10 years, cut over $400 billion from currently scheduled Medicare spending and levy $372 billion in new taxes.  Washington is abuzz, dissecting the bill, analyzing and demagoguing [...]

New FHA Loan Rules for Condos Will Hurt Buyers & Builders

Former President Ronald Reagan used to say that “government is not the solution, government is the problem.”  The new FHA condo loan rules are an example of that concept.  The Federal Housing Administration’s new lending rules for buyers of condominiums will reduce the number of loans made to condo buyers, which will cause [...]

Woman Charged with a Felony for a 4 Minute Video Recording During Sister’s Birthday Party in a Movie Theater

Boing Boing:  “A woman who tried out her new pocket camera by video-recording a few minutes of her sister’s surprise birthday party at a showing of ‘New Moon’ has been charged with a felony — ‘camcordering’ a movie.”

Federal Government at Work: Let’s help people buy homes! No, wait. Let’s make it harder. New Rules for FHA mortgages

The Phoenix Real Estate Guy:  “Sometimes I don’t understand Congress and the government.  Ok, often I don’t understand them…  Case in point:  The flurry of activity in the hollowed halls of the U.S. Capitol building over the last couple of months to get the first-time homebuyer’s tax credit extended (and expanded beyond first-time [...]

Obama Wants FHA to Increase Minimum Down Payment

An Associated Press story says that the Obama administration wants the Federal Housing Administration to increase the minimum down payment amount required for an FHA backed home loan.  Currently the minimum is 3.5 percent of the purchase price.

“Spam Filter Ate My Electronic Filing Notice” Plaintiffs Get Another Chance

Technology & Marketing Law Blog by Eric Goldman:  “The “spam filter ate my electronic filing notice” excuse was an inevitable byproduct of the CM/ECF electronic filing system now in place in federal courts. As expected, courts have not been very sympathetic to this excuse. In an unpublished decision, the Third Circuit gave a [...]

Federal Judge Releases Written Opinion on Red Flags Rule

The Blog of Legal Times:  “The judge who ruled that lawyers can’t be forced to comply with new federal rules meant to prevent identity theft released his written opinion today. The 40-page document is pretty much in keeping with U.S. District Judge Reggie Walton’s Oct. 29 comments from the bench.  But it provides [...]

Criminal Charges for the White House State Dinner Crashers?

The Volokh Conspiracy:  “America’s most successful party crashers, Michaele and Tareq Salahi, who stormed the gates of a White House state dinner and somehow managed to get in, may soon be facing criminal charges, according to the Secret Service.   Secret Service spokesman Jim Mackin says the agency is moving closer to beginning [...]

Obama Plans New Loan Modification Assistance

Arizona Republic:  Unable to stop the housing crisis in the United States, President Obama intends to expand the housing band-aid with a new program that will assist home owners in getting a new loan with lower payments.  Treasury spokeswoman Meg Reilly announced the plan over the weekend.

Google Now Helps Legal Research

Ernie the Attorney:  “I’ve long contended that the law should be available online for free. Seems fitting and proper, since ‘ignorance of the law is no excuse’ and all. If you can’t claim you didn’t know what the law is, then shouldn’t the government at least make the law available online [...]

Phoenix Real Estate Investor Gets 18 Months For Mortgage Fraud

Phoenix Business Gazette:  “Brandon Azadegan, 29, was convicted in April of selling four homes to a straw buyer and pleaded guilty to wire fraud and money laundering, according to the U.S. Attorney Office’s for Arizona. . . . State and federal prosecutors have promised investigate mortgage fraud and real estate scam artists [...]

Justice Department to Focus on Arizona Mortgage Fraud

Arizona Republic:  “Arizona’s new U.S. attorney, Dennis Burke, says an epidemic of mortgage-fraud cases is prompting the Department of Justice to intensify its crackdown in the state.  He says his office has gotten a green light to hire three attorneys to work exclusively on mortgage-fraud cases and that Washington officials recognize that Arizona [...]

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