Environmental protection

  • May 7, 2014

    As controversy continues to surround Oklahoma’s botched execution of Clayton Lockett, a “bipartisan panel of legal experts have urged sweeping changes in what it calls the ‘deeply flawed’ administration of capital punishment.” Erik Eckholm at The New York Times reports on the panel’s proposal for execution by single-dose injections. At The Week, Andrew Cohen explains why either John Paul Stevens or Sandra Day O’Connor should lead Oklahoma’s  investigation.
     
    Writing for The New York Times, Justin Gillis reports on a new study which shows “with water growing scarcer in dry regions, torrential rains increasing in wet regions, and heat waves becoming more common and more severe…the effects of human-induced climate change are being felt in every corner of the United States.”
     
    As the Supreme Court nears the end of its term, many will be focusing on the justices’ ruling in high stakes securities class action and software patent cases. Lawrence Hurley at Reuters has the story.
     
    At The Life of the Law, Katherine Thompson writes to President Obama about immigration law and the struggles facing same-sex couples—and he writes back. 

     

     

  • May 1, 2014

    Justice Antonin Scalia is facing criticism for “flatly misstating core facts from one of his own prior opinions.” In Environmental Protection Agency v. EME Homer City Generation, decided Tuesday, Justice Scalia’s dissent cites to his 2001 opinion in Whitman v. American Trucking Association.  However, “the EPA's stance in [Whitman] was the exact opposite of what Scalia said it was in Tuesday’s opinion.”  Sahil Kapur at Talking Points Memo highlights an “unusually major mistake” at the high court.
     
    Controversy continues to surround Oklahoma’s botched execution of Clayton D. Lockett. Erik Eckholm and John Schwartz at The New York Times report on Gov. Mary Fallin’s response to the troubling event “defending the death penalty but order[ing] an independent autopsy of Mr. Lockett and a thorough review of the state’s procedures for lethal injections.” In response to Gov. Fallin’s proposal, the ACLU of Oklahoma stated that the governor’s planned efforts “create a serious conflict of interest” and that the “Attorney General and Governor fought every attempt at transparency or accountability in our execution process.” Steven Erlanger at The New York Times notes the “outrage in Europe over the flawed execution.”
     
    The Honorable Lynn Adelman, U.S. District Court Judge for the Eastern District of Wisconsin, ruled that Wisconsin’s state’s voter ID law violated the Fourteenth Amendment and Section 2 of the Voting Rights Act. Ari Berman at The Nation has the story.
     
    Alex Kreit at Marijuana Law, Policy & Reform comments on the U.S. Court of Appeals for the Fourth Circuit’s unlawful user law that “makes it a crime for anyone who ‘is an unlawful user of and addicted to a controlled substance’ to possess a firearm.” 

     

  • April 24, 2014

     
    A new Justice Department initiative could expand clemency eligibility for nonviolent drug offenders. Announced Wednesday by Deputy Attorney General James M. Cole, the plan “would canvass the entire federal prison population for the first time to find inmates who committed low-level crimes and could be released early.” Matt Apuzzo at The New York Times examines the implications of the DOJ’s decision. 
     
    Justice Sonia Sotomayor read her impassioned dissent in Schuette v. Coalition to Defend Affirmative Action from the bench Tuesday, stating that the plurality were “out of touch with reality [and] one not required by our Constitution.” MSNBC’s Adam Serwer reports on the “simmering tensions over the high court’s approach to race.”
     
    Garret Epps at The Atlantic explains how Seventh Circuit Judge Richard Posner’s opinion involving a chicken-gutting case, demonstrates “how judges change details they don’t like.”
     
    Joel Mintz at the CPRBlog explains why the Environmental Protection Agency’s Final Enforcement Strategic Plan “contains a modest silver lining in an ominous dark cloud.”
     
    At Womenstake, Beccah Golubock Watson discusses a bipartisan effort by a group of senators to reduce sexual assault on college campuses.
  • March 27, 2014
     
    During the 1950s, Victor Green wrote The Green Book, a travel guide listing restaurants and businesses that welcomed the patronage of African-Americans during the Jim Crow era. Writing for The American Prospect, Kent Greenfield—Professor of Law and Law Fund Research Scholar at Boston College Law School and Faculty Advisor for the Boston College Law School ACS Student Chapter—explains why, “after Tuesday’s arguments at the Supreme Court, we may need to dust off the Green Book and indeed initiate new editions for women, LGBT people, Muslims, and Jews.” 
     
    “The U.S. remains the only country in the world that imposes [life without parole] on children.” Steven M. Watt at the ACLU’s Blog of Rights tells the tragic story of Juwan Wichware and argues that “any punishment kids do receive should reflect their unique capacity for rehabilitation.”
     
    Yesterday, the Supreme Court heard oral argument on whether “Secret Service agents can be sued for moving a group of protesters out of earshot of President George W. Bush in 2004.” NPR’s Nina Totenberg breaks down Wood v. Moss.
     
    At TPM’s Editor’s Blog, Nan Aron calls for more diversity from the federal bench and notes “why it is so important that the people who may someday judge us represent a broad cross section of the American people.”
     
    Frank Ackerman at the CPRBlog describes how the Koch-funded Beacon Hill Institute is producing a “steady stream of anti-environmental analyses.”
     
    Katie Hamm and Erika Basurto at the Center for American Progress reveal how “the Strong Start Act would significantly improve access to early education for low-income children.”

     

  • March 20, 2014
    This week, the American Civil Liberties Union advised the U.S. Court of Appeals for the Ninth Circuit to reject an Arizona law denying bail to immigrants in the country illegally. While those defending the law claim that it is meant to “improve public safety, not punish people for federal immigration violations,” the ACLU maintains that “Latino detainees are [being] unfairly held while other nationalities are allowed to put up bond.” Paul Elias of the The Associated Press has the story.
     
    In Shelby County v. Holder, the Supreme Court struck down Section 4 of the Voting Rights Act, which required select jurisdictions to submit all changes in voting rules to the Justice Department for review. Writing for MSNBC, Adam Serwer comments on the role Chief Justice John Roberts played in the controversial decision and the implications of “equal sovereignty.” For further analysis on Shelby County, please see ACSblog analysis by Spencer Overton, former ACS Board Member and the President and CEO of the Joint Center for Political and Economic Studies.
     
    At CPRBlog, James Goodwin follows the developing legal dispute concerning Duke Energy’s violation of the Clean Water Act. Goodwin explains why “federal prosecutors are now looking into whether North Carolina’s environmental regulators engaged in any criminal activity in their efforts to shield Duke.”
     
    Steven R. Morrison at PrawfsBlawg notes “a rare move in terrorism (and all criminal) cases” concerning former Al-Qaeda spokesman Sulaiman Abu Ghayth.
     
    On C-SPAN, Supreme Court Justice Elena Kagan reflects on her “life and career” in a conversation with Georgetown University Law Center students.