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
Thinking Out Loud: Property Rights After Natural Disasters
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
Seventh Circuit Affirms Right to Bear Arms Outside of Home
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.
And now, Megatsunamis
Megatsunamis. Nuff said
http://www.ouramazingplanet.com/3854-hawaii-giant-tsunami-landslides.html
Oral Arguments at Ninth Circuit for Hawaii 2nd Amendment Case
Yesterday, the Ninth Circuit Court of Appeals heard oral argument in the Baker v. Kealoha case The argument can be heard at – Download 12-16258 (1).
. Our earlier post here.
The Plaintiff’s Opening Brief is: here.
The City’s Answering Brief is: here.
The Brady Center’s amicus brief is: here.
Disclosure:
LA Times – Small union is causing big problems for ports
Los Angeles Times has an interesting piece about the strike in the ports of Los Angeles and Long Beach. Per the article: The disruption is costing an estimated $1 billion a day at the ports of Los Angeles and Long Beach, on which some 600,000 truckers, dockworkers, trading companies and others depend for their livelihoods.
Damon Key’s Legal Alert for Summer/Fall 2012
All you fans of Damon Key's Legal Alert – here is our edition for Summer/Fall.
Damon Key Legal Alert (Summer-Fall 2012)
New Jones Act Case from 11th Circuit – Harrisson v. NCL – Appeals From Remand Orders
OK, now that Thanksgiving is out of the way, I have a queue of cases to get out to my loyal followers.
First up, a Jones Act case from the Eleventh Circuit Court of Appeals, Harrisson v. NCL (Bahamas) Ltd., original opinion can be found here. The case is REALLY about federal appellate court
New Longshore Act Decision from Ninth Circuit – Keller Foundation v. Tracy
I have a rather large queue of cases to digest and disseminate, so excuse the delay. I will still call it a "new" Longshore case, because, well, it is.One oft-litigated issue in maritime injury cases is the situs and status test. Longshore and harbor workers have a different worker compensation scheme than other maritime workers
New Ninth Circuit Clean Air and Greenhouse Gas Case – Kivalina v. Exxon Mobil
Opinion is here.