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EXPLAINED: 6 - The Real Truth

No Sealing of Files in Eviction Proceedings

From Barfield v. Doe, decided today by the Florida Court of Appeal, in an opinion by Judge Jeffrey Kuntz, joined by Judges Martha Warner & Edward Artau: The litigants in the eviction proceeding sought to shield an entire court file from public disclosure. They argued a landlord filed an eviction…

Reason

Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case

Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?

Reason

'Mato Anomalies' preview: Compelling Persona noir vibes in neo-futuristic Shanghai

Investigate mysterious happenings in 'Mato Anomalies' as Detective Doe, who gets caught up with a dude who can jump into pocket dimensions.

Inverse

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Protecting People from Their Own Religious Communities: Judicial Evaluation of a Religious Community's Qualities

This new article of mine will be coming out next year in the Journal of Law and Religion, and I thought I'd serialize it here; there's still plenty of time for editing, so I'd love to hear people's feedback. Here's Part III (Part II is more doctrinal, so I'm skipping…

Reason

Protecting People from Their Own Religious Communities: Subpoenas, Political Disclosures, Public Records

Reason

Protecting People from Their Own Religious Communities: Pseudonymity of Litigants

Reason

No Pseudonymity in Disability Discrimination Lawsuit Over State Bar Character & Fitness Inquiry

"[H]arm to one's reputation or injury to one's standing in the community does not warrant a deviation from the strong presumption of public access[.]"

Reason

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Let's talk about 8 U.S.C. § 1252(f)(1) and Justice Barrett's concurrence in Biden v. Texas

As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket

Reason

Title IX, First Amendment, Religious Universities, and Alleged Blackmail

In yesterday's decision in Doe v. Dordt Univ., Judge C.J. Williams (N.D. Iowa) allowed much of Doe's unfair-Title-IX-discipline claim to go forward; the decision is long, but here's an excerpt to give the flavor of the dispute: First, a reasonable jury could find that the undisputed evidence shows an articulable…

Reason

District court rules many Minnesota abortion restrictions unconstitutional

MINNEAPOLIS — A district court judge has ruled many Minnesota laws restricting abortion access violate the state Constitution, a significant victory for abortion rights groups just weeks after the fall of Roe v. Wade.

Tribune News Service

Wisc. S. Ct. (4-3): Plaintiffs Challenging School Transgender Policy Can't Conceal Identities from Defendants' Counsel

From Doe 1 v. Madison Metro. School Dist., decided Thursday by the Wisconsin Supreme Court, in an opinion by Justice Brian Hagedorn joined by Justices Ann Walsh Bradley, Rebecca Frank Dallet, and Jill Karofsky: This case involves a constitutional challenge by parents to a school district policy. The substantive issues,…

Reason

Judge orders Texas not to investigate two more families with transgender children

AUSTIN, Texas — A Texas judge on Friday issued an injunction prohibiting the Texas Department of Family and Protective Services from pursuing child abuse investigations into two more families with transgender children.

Tribune News Service

The 3-3-3 Court on the Merits Docket and the Shadow Docket

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

Reason

6th-Grade Lesson About Hammurabi with "How Will You Punish This Slave?" Question Not Illegal "Harassment"

From Judge James Peterson's decision Friday in Ervins v. Sun Prairie Area School Dist. (W.D. Wis.): February 1 was the first day of Black History Month, so Black history was part of the curriculum at the time [at a Sun Prairie middle school]. Sixth graders were also beginning a unit…

Reason

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Pioneer Press

What does overturning Roe mean for Minnesota? Nothing, but …

MINNEAPOLIS — Abortions remain a legally protected right in Minnesota — but it just became a politically hotter issue for this fall’s elections.

Reason

Anonymity and Pro-Abortion-Rights Initiatives and Referenda

What kind of a showing of possible "harassment" or "reprisals" must backers of such ballot measures make to keep petition signatures (and financial contributions) from becoming public records?

Reason

No Pseudonymity in Challenge to Federal Vaccination Mandate

From Judge John Badalamenti (M.D. Fla.) today in Doe v. Austin: Plaintiffs in this case are thirty-nine individuals who are currently employed by federal executive agencies or federal contractors and have chosen to not receive a COVID-19 vaccination. Pursuant to Executive Orders 14042 and 14043 (the "Vaccination Mandates"), Plaintiffs are…

Tribune News Service

Texas judge temporarily halts 2 transgender child abuse investigations

AUSTIN, Texas — A Texas judge on Friday temporarily halted the state’s child abuse investigations into two families with transgender children, agreeing they faced immediate harm.

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Reason

No Pseudonymity in Case Alleging Anxiety and Panic Attacks

From Doe v. Truist Financial Corp., decided Tuesday by Judge Victoria Marie Calvert (N.D. Ga.): Plaintiff was an employee of Defendant Truist Financial Corp. which provided short term disability benefits to its employees through the Truist Financial Corporation Employee Benefit Plan. Plaintiff ceased working on April 22, 2021 due to…

Reason

No Pseudonymity for Plaintiff Suing Over Errors in Criminal History Report

From today's decision by Judge Joseph Goodwin (S.D. W. Va.) in Doe v. Evident ID Inc.: Plaintiff brings suit pursuant to the Fair Credit Reporting Act (FCRA) against Defendants Evident ID Inc. and MRI Software LLC, two consumer reporting agencies (CRAs), alleging violations of the FCRA's requirement that CRAs "follow…

Reason

"May Be The Most Helpful Brief I've Ever Read,"

said Judge Vince Chhabria (N.D. Cal.) about this amicus brief from Paul Alan Levy (Public Citizen).and Phillip R. Malone of the Juelsgaard I/P and Innovation Clinic (at Stanford).

Reason

No Pseudonymity for Lawyer Who Wants to Conceal Litigation Against Government from Future Clients

From Chief Judge Beryl Howell's opinion in Doe v. U.S. Dep't of Homeland Security (D.D.C. Mar. 14, 2022): Plaintiff, an attorney, has moved to proceed pseudonymously as he litigates his instant claim under the Freedom of Information Act seeking information from various government agencies about a January 2021 incident, during…

Reason

Ninth Circuit Upholds Dismissal of Arizona State's Trademark Lawsuit Over ASU_Covid.Parties Instagram Account

The account posted items such as (in mid-2020), "ASU: No More Social Distancing. No More Masks. It Is Time to Party!"

Reason

Pseudonymous Lawsuit by Police Officer Over His Placement on "Exculpatory Evidence List"

I blogged last month about this motion to unseal and oppose pseudonymity that I filed in this case (Doe v. Town of Lisbon); since then, the officer filed a response, and I just filed a reply: [I.] Lawsuits related to allegations of criminal misconduct are routinely litigated in public, without…

Reason

No Pseudonymity for Doctor's Claim of Employment Retaliation by University of Colorado

From a decision this morning by Magistrate Judge Reid Neureiter (D. Colo.) in Doe v. Regents of Univ. of Colo.: Plaintiff is a Hispanic female doctor. She is a highly trained and skilled triple board-certified anesthesiologist, formerly employed as a tenure-track assistant professor at the University of Colorado ("CU"), with…

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