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Posted 10 Sep 2021 in Commentary Written by: Tyler F. Wallach

“We the People”.  These three simple words embody the very idea of self-governance and establish the foundation for a political structure of government that Abraham Lincoln once described as “of the people, by the people, and for the people.”  In form and substance, they represent a government that emanates from the people, whose powers are granted by them, and are to be exercised for their benefit.  That government belongs to “We the People” of the United States of America (“U.S.”),...

Posted 06 Jul 2021 in Commentary Written by: Lourdes Morate Martín

It is generally said that in the American system of impartial justice—which we Spaniards know (I admit) basically through cinema, films, and television—the weight of judicial precedent is fundamental when it comes to judgments issued by the courts. This, in principle, might seem very different from the Spanish civil law system, which is based on comprehensive legal codes and the premise that judges and courts are subject “to the rule of law.” However, there are more things that unite us than...

Posted 02 Jul 2021 in Commentary Written by: Chris Balch & Eugene Hsue

The Basics of the Federal Judiciary By: Chris Balch The Constitution of the United States establishes the judicial power of the National Government in “one Supreme Court and in such other inferior courts as the Congress may from time to time create.” The same document authorizes “original” actions, which are cases where the Supreme Court sits as a trial level court in very limited circumstances. There is nothing said about the authority of the Court, the standards it is to employ, or...

Posted 28 Jun 2021 in Commentary Written by: Christopher Forte

When I was asked to write an article discussing the concept of Pride and what it means, it was quite honestly a daunting task.  I was confronted with a sizeable dose of imposter syndrome, because as the Assistant General Counsel for the City of Middletown, Connecticut—who only recently stepped into the shoes of Pride organizer—I acknowledge that there are (and have been) so many LGBTQIA+ activists and non-profit organizations locally, statewide, and across the country, who have been in the...

Posted 22 Jun 2021 in Commentary Written by: Erich Eiselt

Fifty-two years ago, just after midnight on June 28, 1969, eight officers with New York’s now-defunct Public Morals Squad descended on 53 Christopher Street in Greenwich Village.  Their target was the Stonewall Inn, a well-known gay bar and safe haven for the LGBTQIA+ community.  The infraction which brought them was an alleged violation of liquor laws.  More than 200 patrons were lined up, required to produce identification, subjected to anti-gay slurs, and needlessly subjected to force. Police raids in gay bars were...

Posted 20 May 2021 in Commentary Written by: Deanna Shahnami

Since 1991, every United States President has officially recognized and designated May as Asian/Pacific Islander American Heritage Month.  May is also Asian Heritage Month in Canada.[i]  Americans and Canadians have a shared purpose this month for celebrating and recognizing the achievements and contributions made by attorneys, among others, of Asian and Pacific Islander heritage. In the U.S. alone, 5.2 % of all 2020 employed lawyers were Asian.[ii]  For local government attorneys, IMLA is committed to providing our members with valuable DEI...

Posted 17 May 2021 in Case Notes, Commentary Written by: Amanda Karras

Today in a unanimous, but narrow opinion, the Supreme Court struck down the First Circuit’s expansion of the exception to the warrant requirement known as the “community care-taking doctrine” from automobiles to the home.  The Court left open the possibility that exigent circumstances might justify a search without a warrant under these circumstances, but that issue was not before the Court in this case. In this case, Kim Caniglia and her husband got in a fight during which he went and...

Posted 14 May 2021 in Commentary Written by: Chris Ritter, MEd, JD

  Defining the Issues While there are a large number of hardships faced by attorneys practicing law, the following are some of the most common and most serious: A. Anxiety Disorders. Disorders relating to anxiety range from a general Panic Attack (which is Panic Disorder with or without Agoraphobia[i]) to specific phobias such as Social Anxiety Disorder (SAD), Obsessive-Compulsive Disorder (OCD), Posttraumatic Stress Disorder (PTSD), Acute Stress Disorder (ASD), Generalized Anxiety Disorder (GAD), Substance-Induced Anxiety Disorder, anxiety due to a medical condition, and anxiety...

Posted 05 May 2021 in Commentary Written by: Deanna Shahnami & Elsa I. Jaramillo-Velez

U.S. Legal System – Federal, State, and Local Structure (Spanish and English versions below)  |  (Versiones en español e inglés a continuación) A legal system that is over 200 years old has not aged much in its structure since its creation.  The U.S. Constitution delegates powers to the federal government—national government—and what powers are not delegated to the federal government are left with the states.  Currently, 50 states and five territories comprise the United States of America.[1] The U.S. Constitution established three...

Posted 03 May 2021 in Commentary Written by: Celia Guillot Rabanal

ALEL and IMLA Working Group Series (Spanish and English versions below)  |  (Versiones en español e inglés a continuación) En 1978, con la aprobación de la Constitución, España se constituye una monarquía parlamentaria y empieza una nueva etapa democrática en nuestro país, después de casi 40 años de dictadura. La Constitución abre paso al estado de las autonomías, reconociendo y garantizando en su Artículo 2 el derecho a la autonomía de las nacionalidades y regiones que integran el estado español, así como...