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Category Archives: Civil Rights

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Brief and Declaration of Former National Security Officials in State of Washington v. Trump

Posted in Civil Rights, Due Process, Executive Orders, Policy Issues
The issues in State of Washington v. Trump can be framed broadly or narrowly. If framed broadly, the issues may have notable impacts as precedent that goes to the tripartite structure of our government, and the extent to which courts can, should, or will “look behind” the actual words of an executive order. The brief… Continue Reading

Timely, Open Access Web Site Provides a Great Way to Track the Civil Rights Cases Challenging the Various Executive Orders

Posted in Civil Rights, Class Actions, Litigation Industry, Policy Issues
With so many executive orders being challenged in many forums, keeping track of the events presents challenges similar to the challenges in tracking events in mass tort litigation. Below, a note on the best resource I know of for tracking the civil rights cases. Guest posts are welcome if others know of better resources. A… Continue Reading

More Fruitful Hourly Rates for Lawyers Suing Governments (or Others)

Posted in Civil Rights
Civil rights lawyers (and others) sometimes express exasperation when they are sometimes denied decent hourly rates after winning trials against governments (or insurers that fail to honor policy obligations.)  That group may be heartened by a new ruling from Judge Holderman of the Northern District of Illinois in a case arising from failure to provide… Continue Reading

Human Rights and the Oil and Gas Industry

Posted in Civil Rights
This is an age of increasing specialization even as to civil rights.  Thus, a new article in the Journal of World Energy Law & Business addresses civil rights in that sector. The article is by several European lawyers from ngos and Clifford Chance, and is titled: Human rights responsibilities in the oil and gas sector: applying… Continue Reading

Economics of Discrimination and the Growth of Justice – from Marginal Revolution

Posted in Civil Rights
What are the economics of discrimination ? Alex Tabarrock from Marginal Revolution put up the following thought-provoking post, and it’s repasted here for further dissemination. Law and economics – they go hand in glove.  _____________________________________________________________________    "The Growth of Justice Posted: 09 May 2012 04:32 AM PDT   Justice is a key ingredient for economic… Continue Reading

Monitors are Being Recruited for the NATO and G8 Meetings

Posted in Civil Rights
Here’s a good idea – the ABA is assisting and promoting efforts to recruit lawyers and others to monitor protests at the NATO and G8 meetings.  Set out below is the text of the email I received this morning from an ABA international law group.  _______________________________________________________________________ The Office for Democratic Institutions and Human Rights of… Continue Reading

A Disability Love Story – With Insights into Historic Failure to Cope with Dread Diseases

Posted in Civil Rights
Dread diseases are complex and, often, horrible. Coping with dread diseases requires massive attention and perseverance. To date, the nations, ngos and corporations of the world have achieved only modest progress towards coping with the causes, effects, costs and horrors of dread diseases.  This NYT story  by Jim Dwyer illustrates some of the horrors and… Continue Reading

Reputation Risk – Headlines from Libya Evolve into Would-Be Human Rights Litigation in France

Posted in Civil Rights
Reputation risk arises in so many ways. A few weeks ago, headlines announced that various Libyan government offices had been abandoned, and then rebels went through records. One set of records related to the Libyan regime spying on the email of its citizens. The headlines and stories identified a subsidiary (Amesys) of a well known… Continue Reading

Aiding and Abetting Liability Under International – 4th Circuit’s ATS Decision Attacked as Clearly Wrong

Posted in Civil Rights
In this post (and others linked in it), Kevin Jon Heller at OpinioJuris continues to savage the legal analysis of US circuit courts as to international law standards for "aiding and abetting" liability.  The criticism seems on point and powerful, but I’m certainly not an international law scholar. The big picture point here is that… Continue Reading

Tort Settlement Secrecy – Can Government Lawyers Ethically Use Settlement Agreement Terms That Purport to Limit Future Use of The Settlement ?

Posted in Civil Rights, Secrecy, Sovereigns
Is it ethical for government lawyers to demand, or a plaintiff’s lawyer to sign, a tort claim settlement agreement that includes terms that purport to limit the use of the settlement agreement in future litigation? “No” is the answer provided in this article addressing the issue in the context of government and private lawyers involved… Continue Reading

China Cracking Down on Civil Rights Lawyers

Posted in Civil Rights
This article reports that China is taking away law licenses from and fining lawyers who have been filing civil rights claims and claims for victims of the “tainted milk” scandal. Reading this type of news certainly provides a moment to pause and reflect on how lucky we are in the US, and the great value… Continue Reading