Author: bakhtawar

In March, the NO BAN Act was introduced in the House as H.R. 2214. (I only learned of it today). This bill would modify the statutory regime that President Trump relied on to implement his various travel bans. Moreover, this bill would obviate Chief Justice Roberts’s statutory analysis from Trump v. Hawaii. Finally, this bill recognizes many … Continue reading The “NO BAN Act” Would Modify The Statutory Regime That Authorized President Trump’s Travel Bans Continue Reading →

Juvenile cases have historically been litigated confidentially. Ordinary criminal cases have historically been litigated openly, and the First Amendment has been read as protecting that openness. What should happen when serious juvenile cases are transferred to ordinary criminal court? Here’s one judge’s answer, from today’s ruling by Judge Michael P. Shea in Hartford Courant Co. v. … Continue reading Juvenile Cases Transferred to Ordinary Criminal Court Can’t Be Categorically Sealed Continue Reading →

You can see the dissenting opinions of Justices Alito, Gorsuch, and Kavanaugh here; Justice Alito’s opinion is joined by Justices Thomas and Kavanaugh. The Justices in the majority (Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan), who decline to issue an injunction pending appellate review, haven’t written an opinion (though note that injunctions from … Continue reading Supreme Court (by 5-4 Vote) Declines to Exempt Nevada Churches from Gathering Size Limits Continue Reading →

I blogged previously about ICE’s attempt to rescind its COVID-19 related exemptions at the eleventh hour and the ensuing legal battles here, here, here, here, and here. Just when it appeared that matters had calmed down and that international students would be able to be present in the United States whatever their universities end up deciding regarding online instruction, headlines hit … Continue reading No Visas for New International Students in Fully Online Program Continue Reading →

In Nevada, restaurants, bars, casinos, and gyms are allowed to operate at 50% of their capacity. However, houses of worship are capped at fifty people, regardless of their capacity. On May 22, 2020, the Calvary Chapel Church in Nevada challenged the Governor’s emergency directives. The district court denied a TRO on June 11. The church … Continue reading The Three Dissents in Calvary Chapel Dayton Valley v. Sisolak Continue Reading →

  From yesterday’s unanimous Alaska Supreme Court decision in In re Tiffany O., written by Chief Justice Joel Bolger: A daughter was appointed as guardian for her mother, a woman in her 60s who suffers from epilepsy [and is intellectually disabled]. The daughter relied on faith-based medicine to care for her mother, electing to, in one … Continue reading Adult Daughter Who Relies on “Faith-Based Medicine” Loses Guardianship Over Intellectually Disabled Mother Continue Reading →

[This is a serialization, with slight updates, of my 2012 article on the subject; for the Introduction (which also discusses my ambivalence about such laws), see this post.] On, then, to the specific laws, beginning with ones that protect off-duty lawful activity (or, in the case of Montana, require good cause for firing more broadly). [A.] Engaging … Continue reading Laws Protecting Private Employees’ Speech and Political Activity Against Employer Retaliation: Broad Protection for Off-Duty Lawful Activity Continue Reading →

Earlier this month, we discussed the new guidance issued to banks regarding those things distinctly ungroovy in the federal eye, marijuana businesses. Turns out, they really do need the help, because not only are they not very good at preventing or detecting money laundering, they’re quite easily fooled by those dedicated to it for the purpose of allowing you … Continue reading Turns Out You Can Charge Some Sweet Buds Continue Reading →

Pension funds are currently among the only way less-affluent Americans can get exposure to hedge and private equity funds. This may be changing. As part of the broader effort of Trumpian minions to get all of the deregulating that they can in before Jan. 21, 2021, Jay Clayton—in addition to letting as many hedge funds as possible keep as many of their investments … Continue reading Ordinary People Invested In Hedge, Private Equity Funds Unsure That More Ordinary People Should Invest In Hedge, Private Equity Funds Continue Reading →

The COVID-19 pandemic is still ravaging the country, with cases having surpassed the 4 million mark just earlier this week. Economic uncertainty continues to have an impact on law firms, with salary cuts, furloughs, buyouts, and layoffs still on the table. With the recent news that almost half of the Am Law 100 has adopted austerity … Continue reading Layoffs Come To Top 20 Am Law Firm Continue Reading →