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From the publisher: NLRB decision shows danger of obstructionist tactics 

By: Susan Bocamazo
Published: July 16, 2010

Tags: NLRB

The recent decision from the U.S. Supreme Court invalidating 600 rulings that were handed down by a two-member National Labor Relations Board illustrates the consequences of the now familiar pattern of senators blocking nominees from a president of the opposing party.

From the Publisher: High Court rejects civil rights claims against federal docs 

By: Susan Bocamazo
Published: May 17, 2010

Tags: Bivens, civil rights, Federal Tort Claims Act

It was Francisco Castaneda’s bad luck that his cancer manifested itself while he was in the custody of federal immigration officials.

From the publisher: Are criminal charges in bullying cases an idea whose time has come? 

By: Susan Bocamazo
Published: April 28, 2010

Tags: bullying, cyberbullying

In the suburbs west of Boston, where I live, the daily paper is full of news of a student suicide that has come to national attention. Fifteen-year-old Phoebe Prince, allegedly bullied to despair by a gang of other students, hung herself on Jan 14.

JURY SELECTION 

By: Susan Bocamazo
Published: March 30, 2010

Tags: jury selection, Sixth Amendment

A defendant was unable to show that a jury selection process that allegedly drained minorities from the jury pool before jurors in felony trials could be chosen was unconstitutional.

See “Unanimous Supreme Court rules in jury selection case.”

U.S. Supreme Court. Berghuis v. Smith, No. 08-1402. March
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Publisher’s note: If you turn down a mint, does that mean you want to remain silent? 

By: Susan Bocamazo
Published: March 12, 2010

Tags: Miranda warning

The U.S. Supreme Court is set to decide just how hard the police have to work to get a suspect to answer the question of whether he wants to remain silent.

DIVERSITY JURISDICTION 

By: Susan Bocamazo
Published: February 23, 2010

Tags: diversity jurisdiction

A corporation is a citizen of the state where its “nerve center” is located for the purpose of establishing federal diversity jurisdiction.

See “Justices adopt ‘nerve center’ test for diversity jurisdiction.”

U.S. Supreme Court. Hertz Corp. v. Friend, No. 08-1107. Feb. 23, 2010.
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‘MIRANDA’ WARNING 

By: Susan Bocamazo
Published: February 23, 2010

Tags: Miranda warning

A Miranda warning given by Florida officers indicating the right to an attorney “before” questioning adequately informed the defendant of his Fifth Amendment rights.

See “Justices find ‘Miranda’ warning adequate”

U.S. Supreme Court. Florida v. Powell, No. 08-1175. Feb. 23, 2010. Lawyers USA No. 993-1637.

ATTORNEY FEES 

By: Susan Bocamazo
Published: February 22, 2010

Tags: attorney fees

Can interim attorney fees be awarded for a constitutional violation without determining if the constitutional violation was the result of a policy or custom adopted by a municipality?

Los Angeles County v. Humphries , 09-350. Certiorari granted Feb. 22, 2010. Ruling below: 54 F.3d 1170
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INEFFECTIVE ASSISTANCE OF COUNSEL 

By: Susan Bocamazo
Published: February 22, 2010

Tags: ineffective assistance of counsel

Is a criminal defendant is denied the effective assistance of counsel when his lawyer chooses methods other than expert testimony to create a reasonable doubt of guilt?

See “Justices to rule on use of expert testimony in criminal trials.”

PEREMPTORY STRIKES 

By: Susan Bocamazo
Published: February 22, 2010

Tags: peremptory strikes

A trial judge ruling on an objection to a peremptory strike of a juror can consider race-neutral “demeanor-based” explanations for the strike, even though he did not personally witness the juror’s demeanor.

See “Supreme Court rules on peremptory strikes.”

U.S. Supreme Court. Thaler v. Haynes, No.09-273.
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