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June 22, 2010

Judge Underhill Asked to Determine if Cheerleading is a Sport

U.S. District Court Judge Stefan Underhill is presiding over a case in which he needs to decide whether cheerleading can be counted as a sport in meeting gender-equity requirements at schools.

Five members of the Quinnipiac University volleyball team filed a lawsuit last year when, due to budgetary issues, the school chose to cut women’s volleyball over a competitive cheer squad. Judge Underhill agreed to make the lawsuit a class action for all current and future female athletes at Quinnipiac.

The case involves Title IX issues, the federal law that mandates equal opportunities for men and women in athletics. Judge Underhill will need to decide whether Quinnipiac manipulates the size of its other teams’ rosters in order to improperly show compliance with this mandate. Last year, Underhill issued a temporary injunction preventing the school from disbanding the volleyball team based on the finding that the school was over-reporting athletic opportunities for its female athletes and under-reporting them for its men.

A lawyer for the plaintiff in the case said that the case is significant in that “this will be the first time a court has been asked to rule whether competitive cheer is a sport for Title IX purposes.” Judge Underhill recognized the competitive attributes of cheerleading and, in issuing his injunction, said that competitive cheer "although not presently an NCAA recognized sport or emerging sport, has all the necessary characteristics of a potentially valid competitive sport."

The trial began this week in the U.S. District Court in Bridgeport. For more information, see the Connecticut Post article here: http://www.ctpost.com/sports/article/Trial-in-Conn-to-find-if-cheerleading-is-sport-530408.php.

Posted by Jerry C. Pia at 1:36 PM | Permalink | Comments (0)

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May 20, 2010

Garber Seeking Attorney General Position

Attorney Ross Garber, a former federal law clerk and District of Connecticut Law Clerks Society member, announced his candidacy for the Republican nomination for state attorney general. Garber, who represented former Governor John G. Rowland's office in an impeachment scandal and federal investigation, said he is ready for the job because he has been a lawyer representing individuals and businesses. Also seeking the GOP nomination is Avon lawyer Martha Dean, who lost the nomination to Attorney General Richard Blumenthal in 2002.

Posted by Jerry C. Pia at 12:54 PM | Permalink | Comments (0)

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May 6, 2010

Behind the Rise and Fall of Philadelphia’s Prison Population

The Pew Charitable Trusts’ Philadelphia Research Initiative invites you to join us for “Behind the Rise and Fall of Philadelphia’s Prison Population,” a panel discussion on the findings of our upcoming study.

We will explore why the city’s jail population rose for most of the decade and fell in the past year, what is being done to manage the population more systematically, and what the experiences of other cities have been.

Join Philadelphia Mayor Michael A. Nutter, Pew president and CEO Rebecca W. Rimel and 6ABC Action News anchor Tamala Edwards for an engaging conversation featuring:

• District Attorney R. Seth Williams
• Deputy Mayor for Public Safety Everett A. Gillison
• Reverend Dr. Ernest McNear, chairman of the Kingdom Care Reentry Network
• Michael P. Jacobson, director and president of the Vera Institute of Justice in New York

Wednesday, May 19, 2010 6:30 PM - 8:00 PM

University of Pennsylvania Law School
Levy Conference Center
3400 Chestnut Street
Enter-34th St. between Chestnut and Sansom
Philadelphia, PA 19104

(Click here for full details and/or to RSVP)

Posted by Jerry C. Pia at 9:25 AM | Permalink | Comments (0)

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May 3, 2010

4th Annual Investigating Computer Crimes in the 21st Century

Sponsored by the Connecticut Chapter,
High Technology Crime Investigation Association

May 21st, 2010 - 8:00 a.m. to 4:30 p.m.
Quinnipiac University, 275 Mt. Carmel Ave., Hamden, CT

Registration Deadline is May 14, 2010
Wireless Internet, Free Parking, Vendor Booths

(click here for details and registration info.)

Posted by Jerry C. Pia at 10:32 AM | Permalink | Comments (0)

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February 26, 2010

Judge Chatigny Nominated To Seat On U.S. 2nd Circuit Court Of Appeals

President Barack Obama has announced the nomination of Connecticut U.S. District Judge Robert N. Chatigny to service on the 2nd U.S. Circuit Court of Appeals in New York. Chatigny, who sits in Hartford, was born in Taunton, Massachusetts, and grew up in upstate New York. He graduated from Brown University in 1973 and Georgetown University Law Center in 1978. After graduation, he served as a clerk for U.S. District Judge Samuel Conti in the Northern District of California; for Judge Cabranes, then sitting on the U.S. District Court in Connecticut; and for Judge Newman, who was on the 2nd Circuit. Chatigny worked for two years at Williams and Connolly in Washington, D.C., before opening his own practice in Connecticut in 1984. He was nominated as a federal judge for the District of Connecticut in May 1994 by President Bill Clinton and was the district's chief judge from 2003 to 2009.

Posted by Jerry C. Pia at 12:06 PM | Permalink | Comments (0)

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January 5, 2010

Court Asked to Reverse Ruling on State’s Campaign Program

Secretary of State Susan Bysiewicz urged the 2nd U.S. Circuit Court of Appeals to reverse U.S. District Court Judge Stefan Underhill’s recent ruling that Connecticut's public campaign finance law is unconstitutional because, among other reasons, it discriminates against minor party political candidates. Secretary Bysiewwicz’ argument is that it is too late to change the financing rules for candidates with the gubernatorial primary coming up in August. She said that if the public funding is not made available, there won't be enough time for a candidate to raise the private money needed to run a campaign.

Posted by Jerry C. Pia at 2:06 PM | Permalink | Comments (0)

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December 14, 2009

Campaign Finance Legislation Under Scrutiny

U.S. District Judge Stefan R. Underhill ruled portions of Connecticut’s campaign finance reform law unconstitutional and an appeal by state Attorney General Richard Blumenthal is being fast-tracked for oral arguments before the 2nd Circuit Court of Appeals in January. Meanwhile, the areas of legislation that Judge Underhill ruled against are stayed until a final ruling. The parts of the legislation that Judge Underhill is concerned about are the additional requirements for minor parties to qualify for assistance, and a “trigger,” that would release additional funds for candidates being largely outspent by wealthy opponents.

On the national level, it is thought that justices will overturn 100 years of legal precedent that essentially eliminated direct corporate and union campaign financing. Connecticut is one of many states where the prohibition of direct corporate and union funds could be overturned in the Citizens United v. Federal Election Commission case, where the Supreme Court addressed the underlying question of whether corporations have a constitutional right to spend unlimited amounts of money on favored candidates. With the 2010 elections nearing, Connecticut needs to have a constitutionally sound law in place to address Judge Underhill’s concerns, as well as to have the ability to withstand the deluge of corporate funds, if the Supreme Court allows direct corporate spending on campaigns.

Posted by Jerry C. Pia at 10:00 AM | Permalink | Comments (0)

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November 23, 2009

Practices of Connecticut State’s Attorney’s Office Under Review

The U.S. 2nd Circuit Court of Appeals has demanded answers on accusations that low-income defendants are routinely denied arraignment and appointment of counsel at the state attorney’s office in Bantam Connecticut.

The case arises from the arrest of a man who claims that, while in court, he was denied his right to appear before a judge and enter a plea, and he was not informed that he was entitled to representation by a public defender.

On the recommendation of Magistrate Judge Donna F. Martinez, U.S. District Judge Robert N. Chatigny dismissed the suit against state prosecutors on grounds that they are immunized against such suits as “officers of the court.” The prosecutors were defended by the office of state Attorney General Richard Blumenthal. The Second Circuit upheld the dismissal and also concurred that equitable and injunctive relief was unavailable. However, in its Order, the Court expressed concern about what it called Attorney General Blumenthal's failure to address the suit's claims that low-income defendants are routinely denied the right to proper arraignment in court.

The Attorney General has until Dec. 12 to provide a detailed report on the measures that have been taken to address the questions and concerns regarding the practices of the state attorney's office in Bantam.

Posted by Jerry C. Pia at 9:36 AM | Permalink | Comments (0)

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November 9, 2009

Lawsuit Granted Class Action Status

A 2007 lawsuit that alleges ATT violated state and federal wage and hour provisions was granted class action status on Friday by U.S. District Court Judge Janet Hall. The approval of class action status means that as many as 200 ATT employees could become a party to the lawsuit. Hall’s ruling came one week after hearing arguments by attorneys representing five current and former ATT employees who claim the company gave them manager titles in order to avoid having to pay them overtime. The lawsuit contends that despite being designated as managers, the plaintiffs weren’t given the responsibilities or duties consistent with a managerial position.

Posted by Jerry C. Pia at 11:08 AM | Permalink | Comments (0)

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October 5, 2009

Extensive Reshaping Possible In Federal Judiciary In Connecticut

Potential changes not seen in a generation could take place among the highly sought-after federal and legal positions in the state. At the top of this list are openings for two Connecticut judges on the U.S. 2nd Circuit Court of Appeals in New York. Two or more District Court seats could open in Connecticut depending on who receives the appellate judgeships and whether a sitting Connecticut district judge assumes senior status. Also open are the offices of U.S. attorney and U.S. marshal which usually occurs when there is a change in political parties occupying the White House. The number of open federal positions has not been this large since President Bill Clinton’s election in 1993 when, during his terms in office, he nominated seven U.S. district judges in Connecticut and filled a Connecticut seat on the appeals court. "There seems to be a confluence of opportunity that will allow the president to make an imprint on the judiciary in the 2nd Circuit and in Connecticut for decades to come," said state Sen. Andrew McDonald, co-chairman of the state legislature's judiciary committee. "In the last generation there has never been such an opportunity for shaping the future of the judiciary in Connecticut. The good news is that there is a stellar lineup of potential candidates."

President Barack Obama’s expression of interest in diversifying the federal appeals courts throughout the country has sparked greater interest in predicting nominations among lawyers and political figures following these issues. Sources say that Connecticut's U.S. senators, Christopher Dodd and Joseph Lieberman have written to the White House with regard to the appeals court openings in support of U.S. District Judge Robert N. Chatigny, who conveyed interest in a 2nd Circuit seat. “Several qualified candidates expressed interest in the appellate court and the senators sent their names to the White House for their consideration,” according to a spokesperson for the senators.

In July, a 2nd Circuit seat allocated to Connecticut, opened when Guido Calabresi assumed the status of senior judge. A second seat is likely to open this month when Judge Barrington D. Parker assumes senior status. According to a University of Richmond law professor, there will be twenty-one openings on federal appeals courts throughout the United States, of which, eight replacements thus far - two black men, three white women and three white men - have been nominated by President Obama.

If Chatigny were appointed to one of the two available appellate openings allocated to Connecticut, Obama could balance the appointment of a white man with that of a woman or minority. Some possible candidates are: Joette Katz, an associate justice of the state Supreme Court; Janet C. Hall, a U.S. district judge sitting in Bridgeport; and Susan Carney, Yale University's deputy general counsel.

Another opening could be created if U.S. District Judge Janet B. Arterton, who sits in New Haven, chooses to become senior when she becomes eligible next spring. Judge Arterton has not yet filed notice of any such intentions.

Posted by Jerry C. Pia at 12:48 PM | Permalink | Comments (0)