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    Public Law Legal Research Blog

    CONSTITUTIONAL LAW:   The First Amendment and Personal Social Media

    Attorney and Client: Defamation Crime-Fraud Exception to the Attorney-Client Privilege Is Not Applicable to Defamation Claims

    ZONING:  A Rezoning Application for a Private Facility Need Not Substantially Accord with the Comprehensive Plan or the Factors Set Forth in Virginia Code §§ 15.2-2283 and 15.2-2284

    ELECTION LAW:  Federal District Court Judge Orders Georgia Lawmakers to Redraw Congressional Map for the 2024 Election

    PUBLIC LAW:  The Continued Vitality of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics

    ADMIRALTY: Statute of Limitations for Wrongful Death

    CONSTITUTIONAL LAW: Ban on Possession of Large-Capacity Magazines Did Not Facially Violate the Second Amendment

    CIVIL RIGHTS/CONSTITUTIONAL LAW: Pitt Bull Owners’ § 1983 Action May Proceed

    CONSTITUTIONAL LAW: History and the Application of the Second Amendment

    Chevron Deference Does Not Always Result in Support for the Government's Position

    CORONAVIRUS: Hoarding During the Pandemic

    CONTRACTS: Emergency Orders and Delayed/Excused Action

    FEDERAL TORTS CLAIMS ACT: Feres Doctrine Cracked? Opening of Pandora's Box or Further Encasement in Stone?

    FIRST AMENDMENT/PUBLIC HEALTH: Freedom of Religion During the COVID-19 Pandemic

    CIVIL RIGHTS: Solitary Confinement of Juvenile Offenders Struck Down in Florida

    CONSTITUTIONAL LAW:  Court Upholds Ordinance Prohibiting Discrimination Against Public Assistance Recipients

    TORTS: Immunity of Yelp for Derogatory User Comments

    CONSTITUTIONAL LAW: Requiring Major Political Party Affiliation for State Court Judges Runs Afoul of First Amendment Right of Association

    CIVIL RIGHTS: Noncitizen Charged with Deportable Crime Is Entitled to Jury Trial

    TORTS: Expanding Virginia's Anti-SLAPP Legislation

    LOCAL AND STATE GOVERNMENT: State Is Immune from Liability for Sexual Abuse by Adopted Child

    FRAUD: CFTC Sues Bitcoin Ponzi Scheme Operator

    CIVIL RIGHTS: Third Circuit Joins Sister Circuits in Recognizing Right to Record Police

    EDUCATION LAW: Scotus Offers Circuits Guidance as to Scope of 20 U.S.C. § 1415(l) and the Exhaustion of Administrative Remedies

    CONSTITUTIONAL LAW:    Maryland "Assault Weapon" Ban Upheld by Fourth Circuit

    BANKRUPTCY: Puerto Rico Debt Restructuring

    CONSTITUTIONAL LAW: Permanent Gun Ban for Individual Committed to a Mental Institution May Violate Second Amendment

    CIVIL RIGHTS: Help America Vote Act Creates Individual Right Enforceable Through § 1983

    CIVIL PROCEDURE: Relief in Federal District Court from a Fraudulently Obtained Remand Order

    CIVIL RIGHTS: Do Termination Reports Constitute "Publication"?

    CHURCHES: Constitutional Law—Ministerial Exception

    CONSTITUTIONAL LAW: Involuntary Commitment Scheme Violates Due Process

    BANKRUPTCY: Reopening a Federal Bankruptcy Case

    CIVIL RIGHTS: Intracorporate Conspiracy Doctrine

    CIVIL RIGHTS: A Civil Rights Civil War: Religious Observance and Educational Rights of the Disabled

    CONSTITUTIONAL LAW: Denial of Medical Care for an Inmate Was Cruel and Unusual Punishment

    PUBLIC LAW: Ability to Obtain Shelter Is a Major Life Activity

    PUBLIC LAW UPDATE: Circuits Split on Showing Required in Reverse Discrimination

    CIVIL PROCEDURE: Simultaneous Involvement in Cobell Settlement Claim Bars Plaintiffs' Mineral Lease Complaint Against United States

    PUBLIC LAW UPDATE: Tort Liability for Third-Party Criminal Conduct

    TORTS: Economic Loss Doctrine as a Bar to Negligent Misrepresentation Claims

    PUBLIC LAW: Lanham Act's Prohibition of Trademarking Governmental Insignia Applies Even to the Governmental Entity Itself

    PUBLIC LAW UPDATE: Silence Is Not Obstruction of Police

    BANKRUPTCY: Judicial Estoppel in Post-Bankruptcy Court State Court Actions

    CIVIL RIGHTS: Yackety-Yack, Don't Talk Back—Criticism of a Police Officer

    COPYRIGHT: Statutory Damages—Limit on Punitive Damages Award

    CIVIL RIGHTS: The EEOC's Presuit Conciliation Obligation—When Is It Satisfied?

    CIVIL PROCEDURE: Recovery of Costs in Federal Court by Prevailing Party

    SCHOOLS: The ABCs of IEPs: After-the-Fact Explanations Offered to Bolster Deficient Written Plans

    PUBLIC LAW UPDATE: Limited Federal Law Options for State Employee Claiming Disability Discrimination

    TORTS: Katrina Litigation and Governmental Immunity

    CIVIL RIGHTS: Conflicting Ninth Circuit Equal Protection Analyses Regarding Same-Sex Marriage

    CIVIL PROCEDURE: Pleading Affirmative Defenses in Federal Court After Twombly and Iqbal

    CONSTITUTIONAL LAW: The Separation of Church and High School Graduation Under the Establishment Clause

    PUBLIC LAW UPDATE: Shopper Can't Sue Store for Racial Mistreatment Under 42 U.S.C. § 1981 or via a Claim for Emotional Distress

    EMPLOYMENT DISCRIMINATION: Retaliation Exception to Exhaustion Requirement Ruled Not Abrogated by Morgan

    CIVIL PROCEDURE: Taxation of Fees for Electronic Discovery

    CIVIL RIGHTS: Police Can Be Sued Under 42 U.S.C. § 1983 for Arresting Plaintiff in Safe Location and Releasing Her in Dangerous Neighborhood

    CONSTITUTIONAL LAW: Judge Doesn't "Like" Plaintiffs' Facebook Theory

    CIVIL RIGHTS: Reach of the Federal Housing Act with Regard to Postacquisition Discrimination

    PUBLIC LAW UPDATE: Graduate Student Can Bring Title IX Retaliation Claim

    CIVIL RIGHTS: Medical School Not Liable for Dismissal of Disabled Student

    CIVIL PROCEDURE: When Is a Procedural Rule "Jurisdictional"?

    PUBLIC LAW: Consumer Protection—Obligation to Arbitrate

    INDIAN LAW: Indian Tribe Sovereign Immunity

    PUBLIC LAW UPDATE: Screening of Airline Passengers Withstands Constitutional and Statutory Challenges

    CIVIL PROCEDURE: Sovereign Immunity of Virginia Water Authorities

    CONSTITUTIONAL LAW: Business Could Be Liable Under Privacy Law for Secret Monitoring of Calls Between Employees and Customers

    PUBLIC LAW UPDATE: Bulk Purchases of Drivers' Records Okay Under Federal Privacy Law

    HEALTH LAW: Patient Privacy Interests: At Odds with Medical Advancement?

    CONSTITUTIONAL LAW: The Difference Between "Legislative Prayer" and "School Prayer"

    Bullying of Disabled Student May Violate Individuals with Disabilities Education Act

    PUBLIC LAW: Civil Rights Liability of Governmental Defendants for Private Violence

    PUBLIC LAW: Large Class Size as Disability Discrimination Against Teachers

    PUBLIC LAW: Seventh Circuit Finds Racially Hostile Work Environment Based on Nursing Home Honoring Patient's Racial Preferences

    PUBLIC LAW: Wrongful Murder Conviction for Withholding Exculpatory Information

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