Author: bakhtawar

From Matter of Crane, decided Wednesday by Judge Michael L. Dollinger (Monroe County): On March 25, 2020, the Court received notification from the New York State Division of Criminal Justice Services (“DCJS”) that Douglas James Crane, a New York State pistol permit licensee, was convicted of the misdemeanor offense of Criminal Possession of Stolen Property in … Continue reading N.Y. Gun Restrictions Won’t Be Applied Retroactively, to Gun Owner with a 1982 Receiving Stolen Property Conviction Continue Reading →

The news that Justice Ruth Bader Ginsburg is again being treated for a recurrence of cancer has spurred yet more handwringing over the possibility of a late-term appointment to the U.S. Supreme Court. It also remains entirely possible that a justice might voluntarily choose to retire, perhaps in order to allow President Trump to fill the seat … Continue reading Lame Duck Appointments? We’ve Had a Few Continue Reading →

The Supreme Court is a court, like any other. The only operative portion of a Supreme Court opinion comes with the conclusion on its final page. The authoring Justice or per curiam court writes that “[t]he judgment of the” lower court is “affirmed,” “reversed,” “vacated,” or “the case is remanded for further proceedings consistent with … Continue reading When does a Supreme Court judgment become effective? Continue Reading →

In an important decision issued earlier today, the Michigan Supreme Court unanimously concluded that a county government many not seize the entire value of a property in order to collect $8.41 in delinquent property taxes. In Rafaeli, LLC v. Oakland County, the court concluded that such a tax “forfeiture” qualifies as a taking under the Michigan … Continue reading Michigan Supreme Court Rules Government Can’t Seize Entire Value of Home Over Property Tax Delinquency Worth $8.41 Continue Reading →

The Oregon Attorney General has opened a criminal investigation into the conduct of various federal officers in Portland. If this investigation actually proceeds to some sort of criminal court proceeding, then the officers would be able to remove the case to federal court. 28 U.S.C. § 1442(a) provides: (a)A civil action or criminal prosecution that is commenced in a State court and … Continue reading An Oregon Criminal Prosecution of Federal Officers Could Be Removed to Federal Court Continue Reading →

As the saying goes, all professors are mortal. From time to time, faculties will deal with tragedy. Due to various health situations, a professor may be unable to finish a class as planned. Perhaps the situation will last a short time. For example, a professor needs a few weeks to recover from surgery. In such … Continue reading What happens when a professor is unable to finish teaching a class due to COVID-19? Continue Reading →

Friday’s decision by New York Judge Kathryn E. Freed in Cayuga Nation v. Showtime Networks Inc. involves a lawsuit over an episode of the Showtime TV series Billions. The show depicted possible bribery and blackmail by the leaders of a “Cayuga Iroquois” tribe, including a council member named “Jane Halftown.” Plaintiffs, Cayuga Nation and tribal council member Clint Halftown, … Continue reading Indian Tribes, Like Other Government Entities, Can’t Sue for Libel; Lawsuit Over Billions Episode Thrown Out Continue Reading →

From Judge Ronald L. Abrams’ opinion in Reynolds v. McBroom, decided May 11 but just posed on Westlaw (2020 WL 4001126): On July 6, 2016, St. Anthony Police Officer Jeronimo Yanez shot and killed Philando Castile during a traffic stop. At the time of the shooting, Castile’s girlfriend, Plaintiff Diamond Reynolds … and her minor daughter … Continue reading Libel Case Flowing from the Philando Castile Shooting Can Go Forward Continue Reading →

This year, professors will have to adapt their classes for distance learning. One helpful tip is to break down the doctrine into small, manageable bites. The buzzword is module, which is synonymous with unit or topic. To help professors, I have divided the corpus of constitutional law into separate modules. Each module will link to a … Continue reading 12 Modules for Constitutional Law I (Structure and Powers) Continue Reading →

It is really hard to make sense of what’s going on in Portland, where protests, vigils, and confrontations have been constant for almost two months. Peaceful protesters burned an iconic elk statute, toppled a George Washington statue, and allegedly set fire to a Portland Police Association office . There are nightly confrontations in front of the federal courthouse, and now … Continue reading What’s Happening in Portland? Continue Reading →