Digest of Recent Articles on Just Security (June 2-6, 2025)

I’ll post some academic pieces over the weekend. First up, Leonard C. Brahin in the Barry Law Review: Evidentiary and substantive presumptions are a well-established tool that courts employ when addressing a variety of legal problems. These presumptions streamline… Continue reading The post Brahin, “Redistricting and the Origins of the Good Faith Presumption” appeared first on Election Law Blog.

Parental alienation often leads to difficulties within custody battles, and understanding its influence can be vital for everyone involved. This situation arises when one parent manipulates a child against the other parent, often without the child’s conscious awareness. Such behavior can confuse children, harm their relationships with both parents, and even affect the child’s mental well-being. For parents caught in custody disputes in Texas, recognizing and proving parental alienation can greatly influence the outcome of the case. Knowing the signs and ways to gather evidence helps present a strong case that protects both the child and parental rights. The challenge with parental alienation is that it often happens subtly, making it hard to identify. When a child suddenly starts resisting contact without clear reasons or repeats negative statements about a parent that sound rehearsed, it might be a sign of parental alienation. Both parents and legal…

Automatic Stay Violations Filing for bankruptcy is often a difficult but necessary step for individuals or businesses overwhelmed by debt. It offers a legal pathway to regain control of finances and start fresh. One of the most immediate and powerful protections it provides is the automatic stay, a court-ordered shield that halts all collection efforts the moment a bankruptcy petition is filed.The automatic stay is not just a procedural formality; it’s a necessary lifeline at times. It stops wage garnishments, foreclosures, lawsuits, harassing phone calls, and other aggressive creditor actions, giving the debtor much-needed breathing room to reorganize or eliminate debts under the protection of federal law.But what happens when creditors ignore this legal shield and continue their collection efforts anyway? What Is an Automatic Stay? The automatic stay is a fundamental protection built…

[Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.] (NA)In my previous post on Trump's massive new travel ban, I noted that the Supreme Court's badly flawed ruling in Trump v. Hawaii (2018) probably precludes challenges based on discriminatory intent. But I also noted there is an alternative path to striking down the new travel ban: nondelegation doctrine. That path remains open because Trump v. Hawaii did not consider nondelegation issues; indeed the word "nondelegation" isn't even mentioned in any of the majority, concurring, and dissenting opinions in that ruling. In this post, I outline how it can be done. The basic idea is very simple. The Supreme Court has held that there must be at least some limit to congressional abdication of legislative power to the executive. If anything violates that constraint, …

A hit-and-run collision in Stockton left two pedestrians hospitalized Thursday evening, highlighting ongoing concerns about pedestrian safety in the area. The incident occurred on Poplar Street near Madison Street at approximately 9:00 p.m. on June 5, 2025, according to the Stockton Police Department. Details of the Stockton Hit-and-Run Incident Emergency responders arrived at the scene to find a man and a woman who had been struck by a vehicle. Both victims sustained injuries and were immediately transported to a local hospital for treatment. The extent of their injuries remains unknown at this time. The driver behind the collision fled the scene before police arrived, making this a hit-and-run case under investigation by Stockton authorities. Police have not released information about the suspect vehicle or any potential witnesses. The Poplar Street and Madison Street intersection is a busy area that sees significant pedestrian traffic throughout the day and evening.…

  In Guevara, v. Castro, 2025 WL 1553209 (Fifth Circuit.,2025) A.F. was born May 3, 2018 to Jose Leonardo Brito Guevara and Samantha Estefania Francisco Castro. Castro and Brito lived together with A.F. in the home of Brito’s mother in Venezuela until they separated in July 2019. Following their separation, Brito was granted custody rights over A.F. In August 2021, Brito relocated to Spain for a better-paying job. While in Spain, Brito continued to support A.F. financially, maintained regular contact through video calls and voice messages, and stayed in close contact with A.F.’s grandmother. The district court found that Brito was exercising his custody rights throughout his time in Spain. Until late 2021, A.F. had lived exclusively in Venezuela.. In November 2021, Castro removed A.F. from Venezuela without Brito’s consent and unlawfully entered the United States. After presenting herself and A.F. to U.S. Border Patrol in San Luis, Arizona, Castro…

Emergency vehicle accidents present unique legal challenges and safety concerns for everyone on the road. A recent collision between a Fresno County fire engine and a Ford Bronco highlights the serious risks when emergency responders race to save lives and property. The Fresno County Fire Engine Accident On Thursday, just before noon, a Fresno County Fire engine responding to a grass fire collided with a Ford Bronco at the intersection of American and Maple avenues. The fire truck was operating with emergency lights activated when the Ford Bronco entered the intersection, resulting in a collision between the front of the SUV and the left side of the fire engine. The impact was severe enough to cause the fire engine to roll over, demonstrating the significant forces involved in such accidents. Both firefighters in the engine, along with the driver of the Ford Bronco, sustained pain-related injuries and were transported to a local hospital for treatment. Understanding Emergency…

The belief that a physician’s written prescription must accompany every petition for benefits requesting medical care has taken on the status of religious doctrine in Florida workers’ compensation practice. This blog aims to challenge and clarify that misconception. A petition for benefits is the workers’ compensation equivalent of a civil complaint. It is the legal vehicle used to initiate litigation against the employer and its insurance carrier (E/C). Section 440.192, Florida Statutes, outlines the required contents of every petition, its purpose being to equip E/C with sufficient information to make informed decisions. The so-called prescription doctrine finds its supposed legal foundation in Section 440.192(2)(i), which states: “The type or nature of treatment, care, or attendance sought and the justification for such treatment. If the employee is under the care of a physician for an injury identified under paragraph (c), a copy of the…

A tragic pedestrian fatality occurred on northbound U.S. Highway 101 near the Interstate 280 interchange in San Francisco during the early morning hours of Friday, June 6, 2025. The multi-vehicle collision resulted in the complete closure of a major traffic artery during peak commute preparation time, highlighting the serious dangers pedestrians face on busy highways. Details of the Highway 101 Pedestrian Collision According to the California Highway Patrol (CHP), the fatal accident took place at approximately 5:15 a.m. on northbound Highway 101. The collision involved multiple vehicles and resulted in the death of one pedestrian. The exact circumstances leading to the pedestrian being on the highway remain under investigation. The severity of the incident required authorities to completely shut down all northbound Highway 101 lanes and the connector ramp to Interstate 280. This closure lasted approximately two hours, with normal traffic flow resuming by 7:15 a.m. Traffic…

ATTORNEY NEWSLETTER How Powers Of Attorney Used To Steal From Seniors Case Example Of Financial Elder Abuse By power Of Attorney Abuse Remedies For Victims And Heirs Individuals with financial powers of attorney (POAs) for someone else have full legal authority over that person’s financial affairs, unless the instrument limits […] The post Alameda County Financial Elder Abuse Attorneys: Misuse Of Senior’s Financial Power Of Attorney appeared first on Evans Law Firm, Inc..

The Porter Law Group has presented a significant medical malpractice case involving a tragic death that could have been prevented through proper lung cancer screening protocols. The case centers around a primary care physician's alleged failure to recommend and implement routine lung cancer screening for a high-risk patient, resulting in a delayed diagnosis and ultimately, the patient's death. Was Your Lung Cancer Diagnosed Late? Connect with us for a non-obligatory free consultation. Contact Us According to case documents, the client had been under the care of the same primary care physician for nearly twenty years. Despite the client's extensive smoking history that qualified him as high-risk, the doctor allegedly failed to educate him about or recommend low-dose CT screening for lung cancer, which medical experts assert…

California employers were required by February 14, 2024, under AB 1076, to notify employees bound by noncompetition agreements that these agreements are void and unenforceable—unless a statutory exception applies. With this update to California law, many employers are rightly asking: How can employers still protect their business interests, proprietary information, and customer relationships when noncompete clauses are no longer allowed? Fortunately, California law continues to provide strong protections for employers through various statutory and common law doctrines—even without enforceable noncompetition agreements. Below is a discussion of a few key legal tools employers can rely on. Key Labor Code Protections Still Available to Employers 1. Employees Must Follow Lawful Instructions Labor Code § 2856 Employees are required to “substantially comply with all the directions of [their] employer” unless the direction is impossible,…

Decades ago, back probably when I was a baby lawyer, the Texas Bar Journal (the, er, literary arm of THE STATE BAR OF TEXAS to which every Lone Star State lawyer must belong) announced that it was looking for contributions from members who might take positions that, you know, THE [stodgy] STATE BAR OF TEXAS (did I mention that every Texas lawyer is required to be a member?) might not absolutely favor.*So I wrote this piece called something like "Uncle Fred in Court."  My thesis, simply, was that since it was allowed (not favored, but allowed) for folks who weren't lawyers to represent themselves in court, to go pro se, they really ought to be able to have, say, their Uncle Fred, who also wasn't a lawyer but they figured was a lot smarter than they were.  Sure, they ought to have a lawyer (preferably a competent one, but THE STATE BAR OF TEXAS didn't really make too much of a fuss about that once someone got licensed)******I made, as I recall,…

The legal framework governing copyright faces a fundamental test due to the rise of generative artificial intelligence (AI) capable of scoring music, writing novels, and creating visual art. As AI-generated content proliferates, policymakers, courts, and industries must grapple with the question of who, if anyone, owns the output of artificial intelligence. Copyright law was historically designed to encourage human ingenuity by granting exclusive rights to creators. By protecting an individual’s creative labor, copyright would encourage artistic and literary production. Modern AI models, such as OpenAI’s GPT series or Midjourney’s image generation software, operate by training on vast datasets, absorbing patterns, and generating new compositions based on user prompts—crucially, they do so without independent thought or consciousness. Their outputs are algorithmic, and not “original.” Copyright law, as developed in the United States and many…

I posted earlier about a provision in the House reconciliation bill that attempts to effectively repeal NEPA by allowing sponsors of projects to pay a fee to avoid any judicial review of NEPA documents.  That provision is not unique, and indeed it looks like House Republicans are trying to develop a new tool to use reconciliation (which can avoid a Senate filibuster) to alter substantive law.  Similar pay to play provisions exist elsewhere in the bill. For instance, Section 41004 creates a similar provision that allows a sponsor of a liquid natural gas terminal seeking approval from FERC to pay a fee and in return get expedited approval and avoid judicial review by any opponents of the projects.  And as I noted in my earlier blog post, Sections 80103 and 80104 use a similar approach to streamline review of certain oil and gas drilling permits. We’ll see if these approaches pass muster with the Senate parliamentarian.  If they do, one can imagine pay to…

As of June 5, 2025, a total of 79 people infected with the outbreak strain of Salmonella have been reported from 7 states (Arizona 3, California 63, Kentucky 1, Nebraska 2, New Jersey 2, Nevada 4, Washington 4). Six ill people in Kentucky, New Jersey, and Washington reported traveling to California and Nevada before they got sick. Illnesses started on dates ranging from February 24, 2025 to May 17, 2025. Of the 61 people with information available, 21 have been hospitalized. No deaths have been reported. State and local public health officials are interviewing people about the foods they ate in the week before they got sick. Of the 30 people interviewed, 27 (90%) reported eating eggs. State health officials identified illness sub-clusters at two restaurants. An illness sub-cluster is a group of unrelated sick people who all ate at the same location or event, such as a restaurant. Investigating sub-clusters can help identify a food item eaten by all the sick people that could…

As the Senate takes up the House’s version of the reconciliation bill, I wanted to briefly summarize the main provisions that relate to public lands – in part so readers can be aware of the state of play as to what might (or might not) come to pass in the Senate.  The bill as passed by the House can be found here. Overall, most of the relevant provisions relate to leases for fossil fuel development, particularly oil and gas.  Some other provisions are part of long-term battles over flashpoint projects (such as oil and gas development in the Arctic National Wildlife Refuge), examples of the ping-pong governance that I have described before. Section 80101 of the bill would require BLM to issue quarterly oil and gas leases in all states with land available for oil and gas development, and provides that land eligible for oil and gas development is any land not prohibited from such development under federal law or land-use plans.  It also provides that at…

If you or someone you know is facing the daunting reality of a felony conviction in San Diego, there is a glimmer of hope. The possibility of reducing a felony to a misdemeanor exists under certain conditions. This legal process can significantly impact your future, allowing you to reclaim rights and opportunities that may have been lost due to the felony conviction. For a free legal consultation regarding this matter, call our San Diego criminal defense lawyers today at (619) 430-2355. Key Takeaways • Felony reduction in San Diego is possible if your crime is a wobbler and you meet specific eligibility criteria. • A Penal Code 17(b) motion allows reductions at sentencing or after probation completion. • Hiring an experienced San Diego criminal defense attorney increases your chance of success. • Reduction restores rights like voting and may improve employment prospects. • A reduced felony can still impact licensing and gun rights, so legal…