I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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BlogRoll

In case anyone from True The Vote is reading and needs help in Jefferson County

Following up on my prior post that folks at True the Vote couldn’t find the courthouse in Jefferson County, here’s some handy pointers.

There is a search engine on the internet called Google, and if you type “address of the courthouse Jefferson County Mississippi Fayette” into it, the fourth entry says, “Circuit Clerk Jefferson [...]

True The Vote: “They couldn’t find the courthouse.”

A long time insult to a lawyer is that he “couldn’t find the courthouse.”

Jackson Jambalaya reveals that the True the Vote folks are not only that clueless, they’ll even voluntarily file with a federal district court a document admitting it.

 

More magic from Dr. Hayne! (or, the geniuses at the AG’s office don’t know 9 is before 10 and 12)

Radley Balko and the Innocent Project have another Dr. Hayne case to chew upon.

One aspect of Dr. Hayne’s testimony that was particularly vile is that, when cross-examined, he’d simply make stuff up.  A lawyer can’t be well prepared enough to cross-examine a witness who can just fabricate authority and answers on the fly.  He [...]

Justice Sotomayor: “Those who are bound by our decisions usually believe they can take us at our word. Not so today.”

Under the Affordable Care Act, a religious organization employer that wishes to be exempt from the requirement to provide contraceptives need only fill out a form that notifies the government and the insurer that they are not going to pay for contraceptives, so the insurer can ensure that employees get such coverage. The form is [...]

RFRAs, the Establishment Clause, and Land Use Regulation (no! seriously!)

I’ve been giving a lot of thought about Religious Freedom Restoration Acts (RFRA), state and federal, since this Spring (with the passage of Mississippi’s own such act) and this week (with the Hobby Lobby case using the federal act).

Recall that we were told that the state act was fine because the federal act was fine.

[...]

A criticism of the Religious Freedom Restoration Act as applied to the states

The more I think about this, the more I think passage of the state version of RFRA this Spring was a very dumb move.

There’s this:  The case I’m quoting below, Bourne, involved a church challenging a city’s historic preservation ordinance on the grounds that it was an indirect burden on their exercise of religion.

[...]

SCOTUS blog: Post-Hobby Lobby orders lists suggests that employers can object to all forms of birth control

Lyle Denniston at SCOTUS blog reports:

The Supreme Court sent a fairly strong signal on Tuesday that its ruling giving some for-profit businesses a right not to provide birth control services to their female workers goes beyond the specific methods at issue in that decision.  It issued a series of orders on six cases, each of [...]

Kingfish has a memo for the state Republican party outlining the steps up to a contest

Previously, I posted describing the process for a contest.  There’s a useful memo from state Republican party chair and counsel outlining the process up to that contest (which will play out in the next few weeks) that has been posted at Jackson Jambalaya.

To sum the memo up:  Yesterday or before 2PM today, each [...]

Hobby Lobby and Religious Freedom Restoration Acts (including the one in Mississippi)

I have read most of Justice Ginsburg’s dissent in the Hobby Lobby case and some of the majority opinion, and the upshot seem to be this:  When Congress passed the Religious Freedom Restoration Act, it made clear its intent to overturn a couple of United States Supreme Court cases.  But, Justice Ginsburg argues, what the majority [...]

Mississippi Supreme Court’s opinion in Carrothers v. State: Important case on experts & reliability of eyewitnesses

On Thursday, the Mississippi Supreme Court released an important decision in Carothers v. State, the core of which involved the admissibility of an expert witness the defendant offered on the science of the unreliability of eyewitness identification testimony.  The majority opinion, by Chandler, rejects admission largely on the theory that the expert did not observe the [...]