Department of Justice Once Again Proves Its Loyalty to the President, Not the Rule of Law

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on the recent news that the Justice Department will seek dismissal of charges against Michael Flynn. Sarat suggests that because the decision does not seem to advance the fair administration of justice in this case, the court should take the unusual step of refusing to grant the prosecutor’s motion to dismiss.

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Alaska Laser Wash, Inc., v. Alaska Dept. of Trans. & Public Facilities

Docket: S-16915

Opinion Date: May 8, 2020

Judge: Joel H. Bolger

Areas of Law: Civil Procedure, Zoning, Planning & Land Use

In previous proceedings, the Alaska Supreme Court vacated a superior court award entered in favor of Alaska Laser Wash, Inc. against the State, and remanded for reconsideration of prevailing party status, fees and costs. On remand the superior court determined that the State was the prevailing party and awarded the State attorney’s fees. Alaska Laser Wash appealed, arguing that it should have been awarded attorney’s fees under Alaska Civil Rule 72(k), which applied to eminent domain proceedings. After review, the Supreme Court affirmed the superior court’s ruling, concluding that when a landowner fails to establish a taking in an inverse condemnation case, attorney’s fees are awarded under Alaska Civil Rule 82, generally governing attorney’s fees, or Alaska Civil Rule 68, if there has been an offer of judgment, but not under the eminent domain rules.

Ott v. Runa

Docket: S-17551

Opinion Date: May 8, 2020

Judge: Daniel E. Winfree

Areas of Law: Family Law

The parents-parties to this appeal separated when their child was not yet two years old. Following contentious divorce proceedings, the superior court awarded equally shared physical custody and joint legal custody of the child. After trial, but before the court had issued its child custody decision, the mother filed a motion to relocate with the child. The court declined to address the relocation motion in its custody decision. Following evidentiary hearings on the relocation motion, a different judge awarded the mother primary physical custody. The father appealed, arguing the court made several errors when making its custody modification decision. Finding no reversible error, the Alaska Supreme Court affirmed the decision.