October 26, 2006
Referendums Addressing Kelo
Following up on an earlier post here, there's an interesting piece in the Christian Science Monitor about the various referenda to address the "problems" created in Takings jurisprudence by Kelo: "The states ran in the same direction. They generally make it more difficult for government bodies to seize private property strictly for economic development and tax-enhancing purposes, or to sell to a private entity. But the laws are far from uniform."
NJ Supreme Court to Legislature: Write a Statute for Gay Marriage, Now
In case you are living under a rock, the New Jersey Supreme Court yesterday held that denial of marriage-like benefits to gay couples violated the state's constitution. Opinion here. "[T]he Legislature must either amend the marriage statutes to include same-sex couples or create a parallel statutory structure, which will provide for, on equal terms, the rights and benefits enjoyed and burdens and obligations borne by married couples."
October 24, 2006
Trial Begins on Child Porn Law
The never-enforced Child Online Protection Act of 1998 has gone to trial, according to this article. "The U.S. Supreme Court has twice upheld preliminary injunctions that prevented the government from enforcing the law until a trial to determine the act's constitutionality can be held."
October 23, 2006
Judicial Activism Redux. There's an interesting editorial by Ann Althouse of the Wall Street Journal on judicial activism that I bet you'll find interesting here.
Exit Poll Ban Likely to be Banned. A Florida statute that bans exit polls within 100 feet of the polls has been viewed skeptically by a federal judge, an article points out. This is sort of scary -- exit polls may be the only thing remotely approaching verification of these electronic voting machines, and yet they want to ban them? Why?
A Defamatory Statement by Any Other Name... Also from an article in Florida, a court held that a plaintiff could not avoid the statute of limitations for defamation by characterizing his claim as one for "false light."
October 22, 2006
Nude Women are Okay with the California Legislature
A California judge has interpreted a statute that makes it a crime to "expose his person" as applying only to men. Article here. The case arose out of a woman who disrobed to protest the loud basketball playing of her 14 year old neighbor.
I'm putting my money on reversal.