Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc. (CRS Report)

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.,” by Cynthia Brougher, Legislative Attorney
July 23, 2014.

Hat tip to BeSpacific.

Access to Justice? “Change afoot in American civil justice system” (Legal Rebels)

“Change afoot in American civil justice system,” Jul 22, 2014, by Rebecca Love Kourlis (former justice of the Colorado Supreme Court).

Excerpt:
“…. Due process in the American civil justice system is like sweet green grass: It is essential to our lifeblood, but too much can be deadly. Beginning in 2008, the profession began to sound the alarm that the civil justice system was indeed in danger of foundering. The ABA Section of Litigation was part of that chorus. More than 3,000 members of the section participated in a survey (PDF), which found that:

  • Litigation is too expensive (81 percent).
  • Because of those costs, smaller cases are not litigated and access is denied (82 percent).
  • Litigation costs are not proportional to the value in a small case (89 percent) nor even to the value in a large case (40 percent).
  • The cost of litigation forces cases to settle that should not settle based on the merits (83 percent)

.” [Link to full article.]

For more Access to Justice (A2J, aka ATJ) news, visit Richard Zorza’s Access to Justice blog.

“Airbnb guest won’t leave, forcing condo owner to begin eviction proceedings” (ABA News)

ABA Journal News posted this story from California: “Airbnb guest won’t leave, forcing condo owner to begin eviction proceedings” Don’t forget to read all the Comments. Legal remedies will vary from state to state. Please check with a lawyer before becoming a landlord or “hotelier” or “BnB-er” – and especially when “just” renting out to a relative (in-law or otherwise).

Can Lawyers Copyright their Briefs (so to speak): Think “Fair Use”

Link to case and commentary from LLB2: “Court Holds West, Lexis Legal Briefs Offering Is Fair Use”

Re: White v. West Publishing Company and Reed Elsevier (USDC Southern District NY) (12 Civ. 1340 (JSR)), decided 7/3/14.

Excerpt from blog post: “One of the running issues I had been following is the attempt to copyright legal briefs with the intention to gain royalties or prevent others from using them. The particular case that litigates the issue is White v. West Publishing Company and Reed Elsevier (USDC Southern District NY). District Judge Rakoff ruled that the use by West and Lexis is fair use….” [Link to full post and case.]

Judicial Funding Cuts Inflict Widespread Economic Harm in Communities

ABA Journal News: Savings produced by court budget cuts are exceeded by harmful economic effects (white paper)

The white paper, “The Economics of Justice,” by Eric J. Magnuson, Steven M. Puiszis, Lisa M. Agrimonti, and Nicole S. Frank (DRI, 2014)

Press release: “DRI White Paper: Judicial Funding Cuts Inflict Widespread Economic Harm in Communities

“…. Salaries make up as much as 96 percent of court budgets, the white paper says. Budget cuts result in job losses, diminished tax revenues for local governments, and the increased expense of unemployment benefits.

Cuts also slow resolution of civil cases. The uncertainty caused by pending cases makes businesses reluctant to spend money on equipment, additional employees and expanded product lines, which also affects the local economy, the paper concludes.
….

The Florida study, for example, concluded that the backlog in foreclosure cases caused by underfunding of the state court system resulted in a $9.9 billion annual loss to the state’s economy in direct costs, and an additional $7.2 billion in indirect costs.’ [Link to full ABA news story and White Paper.]

Out-of-Cycle Changes to the Uniform Trial Court Rules (UTCR): Request for Public Comment

From OJD:

There have been a number of out-of-cycle changes to the Uniform Trial Court Rules (UTCR) to facilitate implementation of the Oregon eCourt Program, increase the fee for a pro hac vice application, correct typographical errors, and correct inaccurate website addresses. You can view the changes at the Current Uniform Trial Court Rules webpage.

We encourage all interested parties to submit comment on these changes. The UTCR Committee will review the comments at the meeting scheduled for October 17, 2014. You can post a comment at the web address mentioned above; mail it to the UTCR Reporter at the Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, Oregon 97301-2563; or email it to utcr@ojd.state.or.us. Please submit your comments so that we receive them by 5:00 p.m., August 29, 2014.”

See our 2013 blog post on Oregon court rule out-of-cycle amendments.

Musicians: 2014 Battle of the Oregon Law Bands: Application Due August First!

The Third Annual Multnomah Bar Association, “Battle of the Lawyer Bands” will take place October 2, 2014 at the McMenamins Kennedy School 5736 NE 33rd Ave, Portland, OR 97211 from 7 p.m. to 9 p.m.

Official Application and Contest Rules are at the MBA website.

Deadline: The application, entry fee and supporting materials are due to the MBA on August 1, 2014.

How is ‘certiorari’ pronounced? Even Supreme Court justices disagree

From the ABA Journal News: “How is ‘certiorari’ pronounced? Even Supreme Court justices disagree,” Jun 17, 2014, by Debra Cassens Weiss

Excerpt: “.... He listened to the U.S. Supreme Court’s oral arguments to learn the uniform pronunciation and instead found a six-way split of opinion, the National Law Journal reports. Black’s Law Dictionary also fails to settle the dispute, Duane writes in an article for Green Bag (PDF). It lists three pronunciations as acceptable….” [Link to full article.]