Special Concurrence

Ninth Circuit Finds “Under God” in Pledge of Allegiance Constitutional



In Newdow v. Rio Linda Union School District, the Ninth Circuit in a 2-1 decision rejected atheist, Michael Newdow’s latest claim that teacher-led recitations of the Pledge of Allegiance constitutes an establishment of religion prohibited under the First Amendment of the Constitution. 


Fourth Circuit Rejects E-mail Problems Excuse



With the advent of CM/ECF and electronic filing, attorneys today rely almost exclusively on their computers to file pleadings and monitor deadlines.  What happens if you experience problems with your e-mail and you miss a deadline?  “You’re out of luck,” says the Fourth Circuit in Robinson v. Wix Filtration Corp.; a 2-1 opinion written by Judge Duncan, with Judge King dissenting.





Fourth Circuit Finds Social Worker Has Qualified Immunity In Sex Abuse Case


The Supreme Court in DeShaney v. Winebago County Dep’t of Soc. Servs., 489 U.S. 189, 197 (1989), considered the issue of whether a state’s social services department could be held liable under the constitution when a child was beaten severely by his father and the department had knowledge of a long history of physical abuse---as a result of the beating, Joshua DeShaney was left profoundly mentally retarded.

Eleventh Circuit Finds Ordinance Banning Alcohol in Adult Establishments Constitutional


In Flanigan’s Enterprises, Inc. v. Fulton County, Georgia, ___ F.3d ___, 08-17035, the Eleventh Circuit upheld an ordinance proscribing the sale of alcohol at clubs featuring exotic dancing. The case exemplifies the tension between expressive rights and the power of government to restrict expressive speech it deems immoral or tasteless.