December 2012

Interesting case noting the interplay between the Declaratory Judgment Act and the federal courts' admiralty jurisdiction.  The case is Garanti Finansal Kiralama A.S. v. Aqua Marine and Trading, Inc. and the original opinion can be found here.Facts are straightforward:  a marine shipping fuel provider brought a claim in arbitration demanding to be paid for…

As Amended.  Often seen in statutes.  Rarely litigated.The First Circuit Court of Appeals issued a decieion in a Defense Base Act case.  It is entitled Truczinskas v. Director, Office of Workers' Compensation Programs and can be found here.  The facts are short.  A employee duing military training in Saudi Arabia was found hanging from…

I am pleased to announce that the Condemnation Committee of the American Bar Association's Section on Litigation is presenting a teleconference "roundtable" on the timely subject of natural disasters and property rights.The talk is entitled "Thinking Out Loud: Property Rights After Natural Disasters".  Register here.A synopsis:

Over one-half of the people in the United…

Judge Richard Posner, writing for the majority on a Seventh Circuit panel, struck down Illinois’ ban on firearms possession outside the home as unconstitutional under the 2nd Amendment. The decision stays its impact for 180 days to allow the Illinois’ legislature time to “fix” the law.The opinion can be downloaded here.Much to read with the opinion largely based on historical analysis of carriage of firearms in the 18th century and on empirical studies about gun related crimes in America.We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home. The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside. The theoretical and empirical evidence (which overall is inconclusive) is consistent with concluding that a right to carry firearms in public may promote self-defense. Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden. The Supreme Court’s interpretation of the Second Amendment therefore compels us to reverse the decisions in the two cases before us and remandStay tuned.