Archive

Archive for August, 2010

Welcome Back!!

August 30, 2010 Leave a comment

As a new school year begins with new classes, new students, and a whole lot of new work, I thought it might be nice to provide a link to another law related blog that is insightful and interesting, Above the Law: A Legal Tabloid (www.abovethelaw.com).  Yes, I know this is not an academic blog with in-depth articles written by the many skilled legal minds across the country.  However, it provides a very honest and no BS approach to what new, and returning, law students should know about the profession that they have chose to dedicate their lives to for many years to come.  If you want to know what firms are hiring or firing, what morale is like in many of the most prestigious firms, and the overall state of the legal market, Above the Law is the place to go.  It is also a great place to go to get some quick information about the current legal decisions that are handed down by courts across the country.  So, if you haven’t checked it out, take a quick look and share it with others if you like what you read.

Categories: Uncategorized

An Appeal-Resistant Recognition of Fundamental Rights

August 9, 2010 Leave a comment

Summary:

  • Judge Vaughn Walker of the Northern District of California recently ruled that the U.S. Constitution gives same-sex couples the right to marry.
  • The opinion rested first on the Due Process Clause, finding that marriage is a fundamental right and concluding that our contemporary understanding of marriage encompasses same-sex marriage.
  • The opinion also rested on the Equal Protections Clause and rejected all proffered state interests in limiting same-sex marriage as irrational.
  • Importantly, the opinion relied not on conclusions of law but instead on appeal-resistant findings of fact.
  • Though a backlash to granting same-sex marriage rights is possible, the lack of legitimate state interests makes the backlash less likely when compared to the backlash against abortion rights.

This article is by Keith Southam, a 3L from Chicago-Kent.

Proponents of same-sex marriage scored a major victory recently in the federal Proposition 8 case.  Perry v. Schwarzenegger.  No. C 09-2292 VRW (N.D. Cal. Aug. 5, 2010).  In the opinion, Judge Vaughn Walker concludes that the United States Constitution guarantees same-sex couples the right to marry.  His decision is remarkable because of what it concluded, what it did not conclude, and its prospects going forward.

Read more…

Elena Kagan 112th Supreme Court Justice

August 5, 2010 Leave a comment

The Senate confirmed Elena Kagan to become the fourth woman ever to sit on the Supreme Court bench and marks the first time there have been three female Supreme Court justices at one time. 63 yea, 37 nay.

For more information, click here.

Categories: General