Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1375 Posts and Counting

Vocabulary Word of the Day: Emolument.

No. 1,346 Two State Attorneys General have filed suit claiming that the President is violating the Emoluments Clause of the Constitution by operating hotels and taking profits from businesses operating in foreign countries after taking office. You probably haven’t used this word in your entire life.  So, what in the world is an emolument? Dictionary.com […]

None Dare Call It Unconstitutional.

No. 1,334 The State of California has a growing list of other states which it believes have enacted laws that discriminate against the LGBT. So says the Washington Post. One of the latest is Texas, which empowers adoption agencies to refuse to grant adoptions to persons believed to lack satisfactory religious convictions. The Texas provision is […]

Challenge to CFPB Constitutionality to be Reconsidered by Court en Banc

No. 1,326 As had been expected for some time, the challenge to the constitutionality of the Consumer Financial Protection Bureau will be reconsidered by the full court of the DC Circuit Court of Appeals in a suit brought by mortgage lender PHH.  A panel of the Court had ruled that the agency, as constituted with […]

Enhanced Penalty for Refusing Blood Sample in DUI Arrest in Pa. is illegal following Birchfield v North Dakota.

No. 1,309 COMMONWEALTH OF PENNSYLVANIA v. MARIO GIRON, SUPERIOR COURT, NO. 1300 EDA 2016, FILED JANUARY 31, 2017 “Appellant, Mario Giron, appeals from the judgment of sentence entered on April 15, 2016. In this case, we hold that, pursuant to Birchfield v. North Dakota, 136 S.Ct. 2160 (2016),[1] a defendant who refuses to provide a blood sample when […]

Trends in the Law: Restroom Choice.

The Courts will soon be required to determine whether the state can require an individual to use public bathrooms that correspond to his/her biological sex when he/she states that this violates a right to choose the restroom that corresponds to the individual’s perceived sexual preference.

Is it Unconstitutional to Make Sleeping in Public a Crime?

No. 1,201 Here’s a very interesting article from Jurist, the Pitt Law School publication that follows legal news around the world. The Justice Department is attacking a Boise City ordinance that prohibits slewing in public.  Since everybody has to sleep, it is argued, this makes it a crime to be homeless.  The article gives a […]

Ben & Jerry Celebrate Same Sex Marriage With an Old Flavor, New Name.

No. 1,190

The First Amendment and “Falsely Shouting Fire in a Crowded Theater” .

Everybody knows the aphorism about falsely shouting fire in a crowded theater. I am pretty sure that I heard it for the first time in class in elementary school and then countless times thereafter. The concept is universally accepted, or is as close to universal acceptance as any such statement is likely to be.

Judge Kopf Discontinues his Blog “Hercules and the Umpire” but States that the Cruz Statement was not Involved in the Decision.

U.S. District Judge Richard Kopf has discontinued blogging because employees of his District of Nebraska think that “Hercules and the Umpire” is an embarrassment to the court, according to the ABA Journal. He said that the welfare of District of Nebraska is his primary concern and that if its employees think the blog embarrasses the District, it is not in its best interest. Kopf says that there are no disciplinary complaints or medical/mental health reasons involved.

Celebrating Marriage in America.

Everybody says that it has been a historic week. The Obergefell decision was, of course, the culmination of a trend that has picked up momentum over the past few years until the outcome became all but inevitable. So, in reality, it has been a historic decade.

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Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 40 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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