JURIST – Federal judge rejects New York town’s law banning laborers soliciting on sidewalks

[JURIST] A judge for the US District Court for the Easter District of New York [official website] on Thursday ruled [opinion, PDF] that a Long Island town’s law preventing day laborers from soliciting work on sidewalks is an unconstitutional violation of the First Amendment. In ruling, Judge Denis Hurley stated, “[t]he [Oyster Bay] ordinance prohibits speech and conduct of an expressive nature that does not pose a threat to safety on the town’s streets and sidewalks. It reaches children selling lemonade at the end of a neighbor’s driveway, … the veteran holding a sign on a sidewalk stating ‘will work for food,’ and students standing on the side of a road advertising a school car wash.” 

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Brady Ruling

JURIST – Federal judge orders release of immigrant children from detention centers


[JURIST] Judge Dolly Gee of the US District Court for the Central District of California [official website] on Friday upheld [order, PDF] her July decision [JURIST report] and ordered the government to release immigrant children held in family detention centers, “without necessary delay.” The original ruling [opinion, PDF] found that the current Department of Justice (DOJ) [official website] method of detaining children with their mothers violates a 1997 court settlement. The settlement bars children from being detained in unlicensed secure facilities. 


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Lawyer who billed clients for watching true-crime shows is suspended-ABA Journal


A “doggedly unrepentant” lawyer who billed her wrongful death clients for watching reality crime TV shows has been suspended for a year from law practice.

The Tennessee Supreme Court upheld the suspension of Knoxville lawyer Yarboro Sallee, who was accused of billing her clients hourly fees of more than $140,000 for less than three months of work and insisting that they pay a contingency fee as well. The Legal Profession Blog, the Chattanoogan and the Knoxville News Sentinel have stories. The July 23 opinion is here (PDF).


From the Decision:

In her motion, Attorney Sallee also objected to the trial court’s comment that she “watched TV and charged her client for it.” She characterized this statement as “ridiculous,” adding, “since when is television not a respectable avenue for research anyway.” Attorney Sallee pointed to a particular time entry on her “billing statement” as legitimate billable time because it was spent watching a five-hour documentary on the Peterson “Stair Case Murder” in North Carolina. Her motion did not address a 12.5-hour time entry on September 25, 2010, for watching “48 Hours” episodes on similar spousal homicides, a 4.0-hour time entry on October 19, 2010 for watching four “48 Hours” episodes on asphyxia, or a 3.5-hour time entry on October 20, 2010 for watching these same “48 Hours” episodes a second time. At Attorney Sallee’s regular hourly rate, this would amount to over $5,000 for watching episodes of “48 Hours.” 


Read entire article here.

Animal Legal Defense Fund, et al. v. Otter, et al.

New York Justice Denies Habeas Corpus Relief for Hercules and Leo Given Precedent Set in Previous Case, ‘For Now’

July 30, 2015– New York County Supreme Court Justice Barbara Jaffe issued a 33-page decision in the case of the chimpanzees Hercules and Leo, held in captivity in a Stony Brook University laboratory.

Justice Jaffe denied habeas corpus relief to Hercules and Leo only because, as she wrote, “for now” she is bound by the intermediate appellate court decision in Tommy’s case, which is before the Court of Appeals seeking further review. 

Read the decision here.

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NSBA issues guide on the impact of Obergefell same-sex marriage decision on school districts

Historic SCOTUS ruling; Obergefell by G-A-Y

The National School Boards Association (NSBA), along with two other key education groups, has issued a guide, titled “Same Sex Marriage – What the Obergefell Decision Means for School 


It discusses the legal impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. ___, 2015 WL 2473451 (June 26, 2015), on local school board policies.

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