Wednesday, April 13, 2011

Legal Grounds: Legal News - April 13, 2011

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April 13, 2011 FindLaw.com Legal Grounds Newsletter

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THE WASHINGTON FILE:

Now Issuing Personal Opinions
CRITICS FAULT RETIRED JUSTICE O'CONNOR OVER ETHICS
(AP) - Retired Supreme Court Justice Sandra Day O'Connor continues to hear cases in U.S. appeals courts while also playing a role in public policy issues. Her critics say she should do one or the other, but not both. The 81-year-old O'Connor has campaigned against the election of state court judges. She says that threatens the judiciary's independence because of increasing campaign contributions.

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TOP NEWS - RELEVANT HEARSAY:

A Revealing Conclusion
STRIP SEARCHES DON'T VIOLATE 4TH AMENDMENT, D.C. CIRCUIT RULES
(FindLaw's Decided) - The D.C. Circuit has ruled that persons arrested for non-violent, non-drug-related misdemeanors may be subject to strip searches even without a showing of reasonable suspicion. In other words, it's constitutional in D.C. to strip search a person who has been hauled in for trespassing. The plaintiffs in Bame v. Dillard were arrested during the 2002 IMF and World Bank protests. Before being strip searched, they were hauled into a Superior Court holding facility where they went through metal detectors and pat downs.

Food Fight Ahead?
CHICAGO PUBLIC SCHOOL BANS BAG LUNCHES
(FindLaw's Law & Daily Life) - Jamie Oliver may have set his sights on Los Angeles, but Principal Elsa Carmona has picked up the Food Revolution slack at Chicago's Little Village Academy. Brown bag lunches are a thing of the past for the school's parents and students. Carmona has banned them from campus. Chicago Public Schools permits principals to decide how to handle home-packed lunches, reports the Los Angeles Times. While some merely confiscate sugary and salty snacks, Little Village Academy has stopped allowing them altogether.

Yelling 'Timber' Not Required
WHAT TO DO, WHOM TO CALL WHEN A TREE FALLS
(AP) - When a tree came down on the roof of Peter R. Rosenblatt's Washington, D.C., home during a snowstorm this winter, he knew the drill. He'd been through the same thing a few months earlier. "We called in the insurance company and the roofer and the arborist," he said. Last year, severe storms caused more than $12 million in U.S. property damage. Although there are no specific statistics on how much of that was caused by falling trees, they are a frequent source of damage to homes, power lines and more.

CYBERLAW NEWS - DOWNLOAD THIS!:

Poking Back
COURT TOSSES WINKLEVOSS TWINS' FACEBOOK APPEAL
(FindLaw's Decided) - Despite his polite wording, the 9th Circuit's Chief Judge Kozinski put the smackdown on the Winklevoss twins and their hopefully final Facebook appeal. After settling claims against Facebook alleging that Mark Zuckerburg had stolen their idea for a social network, the Winklevoss twins tried to renege on the agreement, claiming that it was acquired by fraud. Upholding the agreement, Judge Kozinski implies that the twins should have hired better attorneys.

CRIMINAL LAW - ARRESTING DEVELOPMENTS:

Tat Attack
MAN USES SWORD, GUITAR IN PULP FICTION-LIKE TATTOO SHOP ATTACK
(FindLaw's Legally Weird) - The last pain anyone would expect to experience in a tattoo shop is from cuts and bruises caused by a sword attack. But in one Orlando, Florida tattoo parlor, that's exactly what happened when homeless convict Jason Lynn Gay attacked the shop owner and his client. There were also a guitar and glass table involved.

LEGAL LITE:

Location is Everything
'BOOBIES' BRACELETS RULED OK IN PA. SCHOOL FOR NOW
(AP) - Breast cancer fundraising bracelets that proclaim "I (heart) boobies!" are not lewd or vulgar and can't be banned by public school officials who find them offensive, a federal judge in Pennsylvania said Tuesday in a preliminary ruling. The ruling is a victory for two Easton girls suspended for defying a ban on their middle school's Breast Cancer Awareness Day.


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