The End of Qualified Immunity?
6/18/20
Since its genesis in Pierson v. Ray, the qualified immunity doctrine has never been shy of critics. If you were to talk to the late Justice William Douglas (the lone dissenter in Pierson) about …
The End of Qualified Immunity?
6/18/20
Since its genesis in Pierson v. Ray, the qualified immunity doctrine has never been shy of critics. If you were to talk to the late Justice William Douglas (the lone dissenter in Pierson) about …
A Summary of the Executive Order on Policing and “Instances of Misconduct”
6/18/20
By: Jake Loken
Seeking to address the “instances in which some [law enforcement] officers have misused their authority, challenging the trust of the American people, with tragic consequences,” President Trump issued the Executive Order on Safe Policing for Safe Communities, …
California’s Proposed Education Budget Cuts May Lead to More Layoffs
6/3/20
By: Matthew Jones
California Governor Gavin Newsome proposed a new budget, which includes cuts of approximately 8% to California’s education system. Previously, California districts were not permitted to layoff teachers after mid-May. However, if the proposed budget cuts are approved, …
COVID-19 in Jails: A Case Study
5/22/20
By: Wes Jackson
By now we are all familiar with the CDC’s recommendations for limiting the spread of COVID-19: “social distancing,” maintaining a distance of six feet from others as much as possible, avoiding large gatherings, and self-isolation if you …
5/5/20
By: Wayne Melnick and Janeen Smith
Georgia’s on-the-road driving test joins the ever-growing list of changes to life as we know it as a result of COVID-19. A new generation of drivers will be hitting the roads in Georgia soon, …
Requests for Compassionate Release in the Era of COVID-19
5/4/20
By: Curt Graham
Correctional facilities across the country are facing unique challenges related to the COVID-19 pandemic. Some facilities have already reduced inmate populations in an effort to curb its effects. Additionally, courts are receiving an unprecedented number of requests …
New Jersey Court Limiting Ability to Defend Ongoing Snow/Ice Event Slip and Fall Claims
5/4/20
By: Josh Ferguson
The Appellate Division of the New Jersey Superior Court dramatically shifted the “on-going storm rule” relative to snow/ice slip and fall claims in New Jersey. See Pareja v. Princeton International Properties, __ A.3d__ (N.J. Super. App. …
Stay at Home Orders Under Attack – What are the Limits and Rights of State Governments?
4/22/20
By: Marc Finkel
Faced with the uncertainty of navigating through a global pandemic, governors throughout the United States have issued a series of executive orders aimed at slowing the spread of the novel coronavirus. Many of these executive orders have …
Narrow Victory for Law Enforcement and Commonsense in Kansas v. Glover
4/9/20
By: Peter Dooley
The scope of reasonable judgments that police officers can make during traffic-stops under the Fourth Amendment was recently widened, at least narrowly, by the U.S. Supreme Court on April 6th in their 8-1 decision in Kansas …
Federal Judge Refuses to Enjoin Kentucky Governor from Restricting Interstate Travel
4/6/20
By: Barry Miller
A federal judge has refused to halt enforcement of an order that directed Kentuckians not to travel outside the state for two weeks because of COVID-19.
Governor Andy Beshear issued the order on March 30. It makes …
COVID-19: Protecting Those Who Protect Us
4/2/20
By: Parisa Saleki
The Volunteer Protection Act of 1997 (Public Law 105–19) came into effect over two decades ago with a simple goal: promote volunteerism by limiting, and sometimes eliminating, a volunteer’s risk of tort liability. The recently enacted Coronavirus …
The CARES Act and What It Means for State and Local Governments
3/31/20
By: Jacob Daly
Much of the focus on the Coronavirus Aid, Relief, and Economic Security (CARES) Act has been on the relief it provides for individuals and both large and small businesses, as well as the funding it provides for …