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Prop. 8′s Day in Court Begins With ‘Standing’
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Prop. 8's Day in Court Begins With 'Standing' - Civil Rights - Law and Daily Life
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Prop. 8's Day in Court Begins With 'Standing' By Laura Strachan on December 6, 2010 12:06 PM | No TrackBacksAll eyes are on San Francisco today as the high-profile Prop. 8 appeal beings with an interesting legal question: Do these particular parties even have the right to argue this case?
Arguments in the Prop. 8 appeal begin with two one-hour sessions devoted to standing and the constitutionality of the voter-approved proposition that defined marriage as between a man and a woman. The latest Proposition 8 arguments represent an appeal of the highly-publicized August ruling by Vaughn Walker that found Prop. 8 to be in violation of the Equal Protection and Due Process clauses of the U.S. Constitution.
The basic legal principle of standing is first up before the judges, and it will serve as a gatekeeper for the second argument. Specifically, the issue before the 9th Circuit will be whether Imperial County (where voters overwhelmingly supported the proposition) and other members to the suit have the right to bring the issue before the court in the first place.
Essentially, the randomly chosen three-judge panel will determine if ProtectMarriage, a group that may not be directly affected by the latest Prop. 8 ruling, can even bring their case. The panel will also hear whether a California county, and not the state that regulates marriage, can bring their appeal.
ProtectMarriage and Imperial County will argue that their standing rests on a technicality -- that each represents voters that supported Prop. 8 and that Imperial County issues marriage licenses that are affected by a ruling in favor of same sex marriages.
Although cleverly crafted legal arguments will certainly be presented on both sides, a successful standing argument likely will require a personal legal interest rather than a general interest. The court will be looking at whether the challengers have suffered an actual injury by same-sex marriages.
If the court should rule that the challengers lack standing, then there would be no further inquiry because there would be no challenger and same-sex marriage would be permitted in California. Of course, the panel could rule they do have standing and then turn to the merits of the constitutionality of the case. The case is being broadcast on television, radio and the internet, as the outcome could have far-reaching effects in California and the rest of the country.
Related Resources:
Proposition 8: All Eyes On Appeals Court Panel (LA Times)Standing (FindLaw)Prop 8 Found Unconstitutional By Federal Court (FindLaw's Decided)
Categories: Civil Rights, Family Law Tags: prop 8, proposition 8, same sex marriage, standing, vaughn walker
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Subscribe to this blog's email newsletter Popular Topics California child custody child support civil rights divorce employment law gay marriage gay marriage legislation gay rights health care health care reform health insurance immigration marriage same sex marriage same-sex marriage school taxes unemployment unemployment benefits Categories Bankruptcy (34) Civil Rights (205) Employment Law (156) Estate Planning (21) Family Law (167) Finances (71) Health & Safety (54) Immigration Law (46) Insurance (39) Military (17) Real Estate Law (54) School Law (60) Tax (34) Traffic Laws (17) Archives Select a Month... December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 More Acknowledgments Acknowledgments - Page 2 Acknowledgments - Page 3 Acknowledgments - Page 4
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Passengers are Stripping for TSA Agents
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Passengers are Stripping for TSA Agents - Civil Rights - Law and Daily Life
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Passengers are Stripping for TSA Agents By Laura Strachan on December 8, 2010 5:47 AM | No TrackBacksThe new TSA procedures have instilled an array of reaction in air travel passengers. Many are worried about airport body scanners radiation; other are upset about being felt up in the now infamous TSA pat downs.
From pasties designed to block the screening to National Opt Out Day, passenger reactions to the enhanced pat-downs and screenings have been making as many headlines as the procedures themselves.
Recently a man walked through Phoenix's Sky Harbor airport with nothing but a Speedo on and "I Heart TSA" written on his back. Whether this was a form of protest or support is still unclear. The video has since been posted on YouTube and has received over 10,000 views to date.
Meanwhile, Fox News reports that a week earlier a woman, boarding a flight from Oklahoma City, stripped down to her bra and underwear in an effort to "get through security faster." Of course, once she cleared security, she donned more appropriate travel clothes.
Whatever time stripping down to a Speedo or a bra may save, it likely is lost in the ensuing spectacle. There obviously is a time and place for protesting the TSA procedures. Public displays are not the most effective way to go about changing these procedures. With the continuing stream of creative approaches to the TSA procedures, it will be interesting see if any compromise is reached with this privacy issue.
Related Resources:
Woman Strips Down At Airport, Gets Patdown Anyways (Gizmodo Australia)
Airport Screening Gone Too Far? (FindLaw's Law and Daily Life)Transportation Department (FindLaw)
ShareThis TweetCategories: Civil Rights Tags: airport scanner, passengers strip at airport, tsa, TSA Pat-down procedures
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Subscribe to this blog's email newsletter Popular Topics California child custody child support civil rights divorce employment law gay marriage gay marriage legislation gay rights health care health care reform health insurance immigration marriage same sex marriage same-sex marriage school taxes unemployment unemployment benefits Categories Bankruptcy (34) Civil Rights (205) Employment Law (156) Estate Planning (21) Family Law (167) Finances (71) Health & Safety (54) Immigration Law (46) Insurance (39) Military (17) Real Estate Law (54) School Law (60) Tax (34) Traffic Laws (17) Archives Select a Month... December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 More Acknowledgments Acknowledgments - Page 2 Acknowledgments - Page 3 Acknowledgments - Page 4
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Diaper-Wearing 'Autistic' Man Cons Babysitters About this Entry This page contains a single entry by Laura Strachan published on December 8, 2010 5:47 AM.Best Ways to Avoid the Holiday Custody Crunch was the previous entry in this blog.
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NOW Charges Hooters With Catering to Kids
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NOW Charges Hooters With Catering to Kids - Employment Law - Law and Daily Life
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NOW Charges Hooters With Catering to Kids By Tanya Roth on December 21, 2010 8:48 AM | No TrackBacksHooters wants to have its hot wings and eat them too, legally speaking.
New complaints filed last week against the restaurant chain in Sacramento, San Francisco, San Bruno and Orange County claim that Hooters wants want to be classified as places for sexual entertainment and as a family friendly restaurant -- all at the same time. The National Organization of Women's complaints argue Hooters can't have it both ways.
Hooters has been the subject of many suits for sexual harassment, over uniforms, and as recently discussed in this blog, for weight discrimination. Now, NOW charges Hooters with a completely different and potentially more successful tack. According to the San Francisco Chronicle, NOW says that in the past, Hooters has successfully defended itself against the implementation of federal rules regarding sexual harassment of its servers. Hooters claimed they are in the sexual entertainment business and their waitresses know they will be working in a "sexually-charged atmosphere" Patricia Bellasalma, NOW's California president, told the Chronicle.
Fair enough for all the adult waitresses who sign on to work as a Hooter's girl. But what about the baby t-shirts reading "Future Hooters girl" and the availability, as NOW claims, of kid's menus and high-chairs?
Under many state and city laws, adult entertainment establishments are not permitted to serve anyone under 18 years of age. NOW's Bellasalma claims that Hooter's is not only serving minors, but making them welcome. To bolster this argument, at least some Hooter's restaurants allow a "kids eat free" day on Sundays.
If these claims are true, the company might have some back-tracking to do. The claims could affect not only sexual harassment rules for servers, or service to minors violations, but even zoning violations if the restaurants are officially found to be adult establishments.
The company dismisses the complaints as a "waste of taxpayer money" according to The Orange County Register. In an effort to address several of the potential issues at once, Mike McNeil, the vice president of marketing for Hooters of America, told The Register, "It is time for NOW to accept the fact that the public likes Hooters and there is really nothing they can do about it. Hooters is no more in violation of California adult entertainment codes than the Sports Illustrated swimsuit edition is. However, guys can't do that job either."
Whether you love 'em or hate em, go for the hot wings or the hotties, Hooter's supporters and detractors might want to agree on just one thing: skip the baby T and maybe leave the future Hooter's girls at home?
Related Resources
Attorney Files Complaint Against Hooters For NOW (KTVU News)Types of Zoning (FindLaw)Court Allows Hooters Weight Bias Lawsuit (FindLaw's Law and Daily Life)
ShareThis TweetCategories: Employment Law Tags: adult entertainment, Hooters, NOW, serving minors
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Subscribe to this blog's email newsletter Popular Topics California child custody child support civil rights divorce employment law gay marriage gay marriage legislation gay rights health care health care reform health insurance immigration marriage same sex marriage same-sex marriage school taxes unemployment unemployment benefits Categories Bankruptcy (34) Civil Rights (207) Employment Law (159) Estate Planning (22) Family Law (168) Finances (71) Health & Safety (54) Immigration Law (46) Insurance (39) Military (17) Real Estate Law (54) School Law (60) Tax (34) Traffic Laws (17) Archives Select a Month... December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 More Acknowledgments Acknowledgments - Page 2 Acknowledgments - Page 3 Acknowledgments - Page 4
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Hawaii Lawyers Trying to Maintain Their Monopoly
Law.Com reports that the Hawaii Bar Association has petitioned the Hawaii Supreme Court to expand on its authorized practice rules in a way that would prohibit non-lawyer legal document preparers.
Bar Association President Jeffrey Sia said the "motive is not greed, but the protection of the public." Does he have any empirical evidence to back up this position — of course not!!
When the Massachusetts Bar Association tried to pass a similar rule expanding the definition of the Unauthorized Practice of Law, the US Department of Justice and the US Federal Trade Commission sent an advisory letter to the MBA suggesting that there was no consumer benefit in the expanded rule and that it would be anti-competitive. The FTC stated that there was no justification for such a rule in the absence of substantial consumer injury would could be documented. I wonder how the FTC will respond to this latest effort by the organized bar to restrict consumer choice.
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Keane Award on Excellence in ELawyering to be Awarded at ABA TECHSHOW
The eLawyering Task Force of the Law Practice Management Section of the American Bar Association will award, for the first time, the James I Keane Memorial Award for Excellence in eLawyering at the ABA TECHSHOW in March in Chicago. The James I. Keane Memorial Award gives recognition to law offices or legal organizations that have developed legal service innovations delivered over the Internet. Thus, the focus of the award is the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class. The Award will be given to a law firm on Friday, March 14, 2008 at a Luncheon to be attended by all of the participants in ABA TECHSHOW.
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Louisiana Virtual Law Firm Offers On-Line Wills
Myrna Arroyo, a solo practitioner in located in Baton Rouge, Louisiana, who specializes in estate planning, has launched a virtual law firm site that offers wills, living trusts, and other estate planning documents bundled with legal advice for a fixed price. The site is designed to provide an alernative to web sites like LegacyWriter, Do Your Own Will, LegalZoom, and Wills-Online, which offer legal forms without any legal advice. None of these legal form web sites offer documents that are specific to the State of Louisiana because of the particular nature of Louisiana law, which is based on the French Civil Code. Users are able to complete an on-line questionnaire which generates a completed legal document, ready for lawyer review, analysis, and further customization. Web enabled document automation enables saves time in document creation, enabling Ms. Arroyo to provide legal advice with the document for a fixed price. The site is powered by Epoq’s, DirectLaw Web Service.
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Virtual Law Firm in Iowa Offers Legal Forms Bundled with Legal Advice
Bernardo Granwehr has launched Iowa’s first virtual law firm focusing on family law matters and wills at IowaLawyerOnLine. The law firm offers legal forms bundled with legal advice for fixed price. For example, Iowa Divorce Forms with Minor Children sells for 9.00 and a Will sells for 0.00. The divorce services are designed for pro se itigants. The web site is powered by our DirectLaw hosted service which includes the Rapidocs web-enabled document automation capability. Cllients complete on-line questionnaires which generate completed forms and documents ready for attorney review. The use of a web-enabled document automation capability keeps the cost of document creation to a minimum enabling the attorney to spend time giving legal advice and additional custom-drafting at still make a reasonable fee for the time expended.
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