Posted 08 May 2014 in Commentary
When is a judgment a judgment for purposes of res judicata or the doctrine of full faith and credit when the judgment is obtained in one court and sought to be enforced in a different court?  Dictionary Many possible answers come to mind: when the judgment is entered, when the time for appeal has elapsed, during the pendency of an appeal for which no supersedeas bond was provided, when any appeal of the judgment is finished, when the judgment is final in the court that entered it, when the judgment is final in the court in which enforcement is sought. There may be a State and a circumstance in which every one of these possible answers is the right answer.

Posted 06 May 2014 in Commentary
Justice Kennedy is better known for his rhetorical flair than his practical guidance.church-state  But his majority opinion in Town of Greece v. Galloway provides a roadmap local governments can follow to stay out of trouble when beginning city council meetings with a prayer. Town of Greece resolves two issues:  whether prayers must be nonsectarian and whether prayers before city council meetings are coercive. The Court concludes that sectarian prayers that overtly refer to a specific faith are okay—to a point.  Sectarian prayers can go too far

Posted 06 May 2014 in Commentary
In our earlier post, we reported the Supreme Court’s decision in Greece v. Galloway, 8468059167_e8ebfeedbf_zruling that the Town’s prayer practice is not an unconstitutional establishment of religion. This post tracks some commentary on the case: SCOTUSblog has been providing analysis of the divided decision:
The stark difference between the majority opinion in the Allegheny County case and the Court’s new opinion in the Town of Greece case illustrated the progress made by Justice Kennedy toward the Court’s full embrace — although for differing reasons among five Justices who determined the outcome – of the “coercion” test in determining whether a government practice amounted to an “establishment of religion” in violation of the First Amendment.
Eugene Volokh of UCLA School of Law provides his reactions:

Posted 05 May 2014 in Case Notes
In addition to addressing local-government prayer this morning,CellTower the Supreme Court also decided to hear and answer another question impacting local governments: when a city denies a request to place a cell tower, how formally must it act? The Court granted cert in T-Mobile South, LLC v. City of Roswell, No. 13-975, which specifically asks what a local government must do to satisfy the Communications Act's "in writing" requirement at 47 U.S.C. 332(c)(7)(B)(iii):
Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record
As the Eleventh Circuit explained in its decision, some circuit courts have ruled

Posted 05 May 2014 in Case Notes
The Supreme Court has released its decision in Town of Greece v. Galloway, 8468059167_e8ebfeedbf_zconcluding that the Town's prayer practice has a "permissible ceremonial purpose" and is "not an unconstitutional establishment of religion." Writing for the Court, Justice Kennedy ruled that the Town's prayer practice "fits within the tradition long followed in Congress and the state legislatures." Some highlights from his opinion:

Posted 04 May 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:5653819568_1e37db21d0_z First Circuit Second Circuit

Posted 02 May 2014 in Case Notes, Commentary
Given the Supreme Court’s prominent role in deciding important issues of the day, it is easy to get caught up in the latest juicy Court mishap.  pollutionJustice Scalia erroneously depicted precedent in his dissent in EPA v. EME Homer City Generation, which had to be corrected. But don’t let that be the reason you read this blog post.  This case is important for local governments. The Clean Air Act’s Good Neighbor Provision prohibits upwind states from emitting air pollution in amounts that will contribute significantly to downwind states failing to attain air quality standards.  In EPA v. EME Homer City Generation the Supreme Court resolved two issues related to the Good Neighbor Provision.  Justice Ginsburg wrote the 6-2 opinion. The Court first considered how responsibility for air pollution should be allocated.

Posted 30 Apr 2014 in Tips and Tactics
Decisions across the U.S. identify, as one example of “bad appellate advocacy,” presenting too many issues on appeal.judicial bench The Seventh Circuit applied those words to a brief that presented “12 issues for review—many with sub-parts, for a total of 21 principal contentions. Posing so many issues ensures that each is superficially argued.” Reed-Union Corp. v. Turtle Wax, Inc., 77 F.3d 909, 911 (7th Cir. 1996). The court in Carpinet v. Mitchell, 853 A.2d 366, 371 n.2 (Pa. Super. 2004), found much to criticize, finding itself “compelled to comment on the state of this appeal.” The court found itself

Posted 28 Apr 2014 in Case Notes, Commentary
Does an anonymous, unverified tip of dangerous driving justify a traffic stop? Yes, says a divided Supreme Court.highway stop In Prado Navarette v. California an anonymous 911 caller reported that a vehicle had run her off the road.  The Court held 5-4 that a police stop complied with the Fourth Amendment because, under the totality of the circumstances, the officers had reasonable suspicion that the driver was intoxicated.  When police stopped the Navarette brothers they smelled marijuana.  A search of the vehicle revealed 30 pounds of marijuana. The Court’s rationale, in an opinion written by Justice Thomas, is as follows.  The tip of dangerous driving was sufficiently reliable because