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Sweeping Changes Proposed to Virginia Lawyer Advertising Rules

The Virginia State Bar, like most regulators of lawyers around the country, regulates lawyers' advertising. Sweeping new rules proposed by the Bar will dramatically simplify, and in many ways improve, these rules. ...more

A Revolution Brewing: Partisan Gerrymandering May be Unconstitutional

It’s been true for a long time, since nearly the dawn of the Republic, that politicians drafting voting districts have tinkered with borders of those districts for a host of reasons. Indeed, “gerrymandering,” owes its name to...more

Policing Social Media Policies

Police officers in Petersburg had a First Amendment right to post to Facebook their complaints about their police department. A department policy limiting social media postings was unconstitutional. So held the U.S. Court...more

Legislature to Litigants: “Can’t Touch This!” – Virginia Supreme Court Recognizes Legislative Privilege

The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more

Virginia Supreme Court Opinions Affecting Local Government Law: September 15, 2016

The Virginia Supreme Court issued two opinions in September affecting local government law. Its work resulted in opinions addressing legislative privilege from document requests, and applying a local government tax exemption...more

Leading a Briber On Isn't the Same as Accepting a Bribe: How Gov. McDonnell Beat His Corruption Rap

The Supreme Court has reversed Gov. Bob McDonnell's conviction for bribery under the Hobbs Act. In ruling his conviction must be set aside, the High Court conceded the case was "distasteful," but unanimously concluded that...more

Spokeo, Inc. v. Robins: the Constitution Requires Proof of Concrete Injury

The Supreme Court of the United States, in a 6-2 ruling, has fleshed out the Constitutional requirement for proving injury in a Fair Credit Reporting Act case. In Spokeo, Inc. v. Robins, the Court held, in a boost to...more

Tasing is for Safety, Not Punishment: Even Non-Lethal Force Can be Deadly

South Boston police responded to the local Super 8 Motel in the wee hours of May 3, 2013. They came because they’d received phone calls from Linwood Lambert, Jr. asking somewhat unclearly for help. When they arrived, they...more

Google is Reimagining Writing and Publishing (if the Supreme Court Will Let It)

Google, or its parent company Alphabet, is the most valuable company in the world. It doesn't want for much and, least of all, for ambition and imagination. So its revolutionary Google Library project, to catalog and...more

Re-Districting After Shelby County v. Alabama: a Volatile Mix of Race and Politics

In 2012, following the 2010 decennial census, Virginia re-drew the boundaries of its Congressional Districts. In 2013, plaintiffs brought a Voting Rights Act challenge to that re-districting. They alleged that the...more

Police Shooting of Unarmed Suspect Who Threatened with Fake Gun Deemed Reasonable

Police Officers are often faced with unimaginable circumstances that most of society runs away from. However, police officers took the oath to protect and serve, and to run towards that danger. Sometimes, running towards...more

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used...more

Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs.  In Reed v. Town of Gilbert,...more

US Supreme Court Clarifies Appellate Rights in Multi-District Litigation Proceedings

In Gelboim v. Bank of America, the Supreme Court of the United States clarified the appellate rights of litigants in Multi-District Litigation. The Court's ruling in January expands the availability of appeal as an option to...more

T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell. At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications...more

Town of Greece v. Galloway: U.S. Supreme Court Clarifies Law on Legislative Prayer and the Establishment Clause

Today, the Court handed down its ruling in Town of Greece. In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision. The ruling pretty dramatically and explicitly broadens the...more

Black Swan interns are employees, not trainees

Summer brings an annual invasion, in thousands of businesses and in nearly every line of work, of a horde of talented, eager new interns. They’re eager to pad resumes and make contacts. Their new bosses are glad to impart...more

6/24/2013  /  FLSA , Internships , Training , Unpaid Interns , Wages
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