On Thursday, August 2, 2012, at 3:30 p.m., as part of the ABA Annual Meeting, the ABA and the State & Local Government Law Section is sponsoring a free screening of " Crime After Crime," the award-winning documentary from director Yoav Potash chronicling two San Francisco Bay Area land use lawyers who volunteer
General Legal Matters
SCOTUS and the Stolen Valor Act – First Amendment Protects Lies about Medals Too
The Supreme Court handed down its decision in United States v. Alvarez. Opinion, authored by Justice Kennedy, is here.
The plurality decision was joined by the Chief Justice and Justices Ginsburg and Sotomayor. It begins:
Lying was his habit. Xavier Alvarez, the respondent here, lied when he said that he played hockey for theDetroit…
SCOTUS: Stolen Valor Act – brief filed – U.S. v. Alvarez
Update: the Supreme Court is considering the Ninth Circuit’s decision in United States v. Alvarez, relating to the Stolen Valor Act. My earlier posts on this case are here and here. Mr. Alvarez just filed his Brief which can be downloaded (Respondent’s Brief)
The Question Presented is:
Section 704(B) of Title…
Supreme Court Review Sought in Stolen Valor Act Case – United States v. Alvarez
Occasionally, I'll digress from the usual eclectic fare of this blog to share some interesting cases from around the country.
I posted earlier about the Stolen Valor Act case arising from California. The case involved a man asserting his receipt of the Medal of Honor. Per the Ninth Circuit:
Apparently, Alvarez makes a hobby of lying about himself to make people think he is “a psycho from the mental ward with Rambo stories.” The summer before his election to the water district board, a woman informed the FBI about Alvarez’s propensity for making false claims about his military past. Alvarez told her that he won the Medal of Honor for rescuing the American Ambassador during the Iranian hostage crisis, and that he had been shot in the back as he returned to the embassy to save the American flag. Alvarez reportedly told another woman that he was a Vietnam veteran helicopter pilot who had been shot down but then, with the help of his buddies, was able to get the chopper back into the sky.
The Ninth Circuit reversed the conviction, here . As predicted, the United States just petitioned for Supreme Court review (petition here).
The Question Presented is:
Section 704(B) of Title 18, United States Code, makes it a crime when anyone “falsely represents himself or herself, *** verbally or in writing, to have been awarded any decoaration or medal authorized by Congress for the Armed Forces of the United States.” The Question Presented is Whether 18 U.S.C. 704(B) is facially invalid under the Free Speech Clause of the First Amendment.
Stay tuned.
Ninth Circuit Decision on Intervention in Groundfishery Rulemaking Litigation
The Ninth Circuit just released its decision in a lawsuit regarding groundfish regulations on the West Coast. The case is West Coast Seafood Processors Association ("Association") v. Natural Resources Defense Council, Inc. and the decision can be downloaded here.
The Natural Resources Defense Council filed a lawsuit against the National Marine Fisheries Service challenging aspects of…
Justice Kennedy on Federalism: Bond v. United States
Liberty. While liberty is a magical word for many a sailor and Coast Guardsman, today Justice Kennedy reminds us that liberty is a fundamental underpinning of the U.S. Constitution.
"If the constitutional structure of our Government that protects individual liberty is compromised, individuals who suffer otherwise justiciable injury may object."
I don't often blog about…
SCOTUS Decides Tribal Case, but What About the Regulatory Taking?
The Supreme Court just decided the case of United States v. Tohono Oodham Nation. This case involved the Court of Federal Claim's jurisdiction to hear a case when a companion case, seeking different relief, was pending in a district court.
United States v Tohono Oodham Nation, No. 09-846 (Apr 26 2011)…
Hawaii Blogosphere Expands! Welcome AHFI
Aloha and welcome to the latest blawg to grace Hawaii's legal community. Alston Hunt Floyd & Ing's Litigation Practice Group has launched www.hawaiilitigation.com. Not surprisingly, their initial posts are full of pearls of wisdom for the business community generally and the legal community specifically.
Louise Ing's post on courtroom attire was spot on and…
New Ninth Circuit Case on International Legal Assistance (MLAT)
Wow, today is a civil procedure day at the Ninth Circuit. First, it issued a decision which only a first year law student would love on “minimum contacts” with a State to subject out of state defendants to the State’s court system.
Second, is a case on the Mutual Legal Assistance Treaty (MLAT) with Russia. The…
Justice Alito Lecture in Hawaii – Live Blog
Justice Alito will be speaking tonight at the Hawaii Supreme Court and we will be trying a live blog. Follow the conversation:
