Showing posts with label supreme court. Show all posts
Showing posts with label supreme court. Show all posts

13 June 2007

A Little Civ Pro Does a Body Good

There was an interesting Supreme Court decision published Monday where Philip Morris tried (and failed) to argue that because it used the government's method of testing cigarettes, it fell under a statute that allowed removal to federal court when someone acted "under" a federal officer. The opinion talks a lot about federal officers being accused of murder during prohibition and using the statute to get their murder cases removed to federal court. I'm not entirely sure how I feel about this use of the statute, although I suppose the climate was different then and states had less respect for the federal government than they do now. A federal court (and its jury) might have more sympathy for a federal agent than a state agent would.
The opinion is pretty short and worth reading in my opinion. Who knows, maybe it will be used to torture first generations of law students for generations to come.

12 June 2007

40 Years Since Anti-Miscegenation Laws Were Banned

Sometimes it's hard for me to believe that the US (in particular the South) was so different forty or fifty years ago, with segregated schools, anti-miscegenation laws, etc.  Today marks the fortieth anniversary of Loving v. Virginia (which banned anti-interracial marriage laws).  

When I was in law school, I always liked Loving because it was an easy case to remember (Loving = Marriage)
Anyhow, the NPR story talked about how far we've come and how far we have to go.  They talked about an interracial couple and the challenges they face.  The white wife was probably still racist (or at least used stereotypes about African-Americans)
I've realized how far we have to go as well.  My neighbor used the n-word the other day, and that has made me even more eager to get out of Chambersburg. (I'm assuming my neighbor doesn't read this blog)