August 22, 2014 | New York Law Journal
Q&A: Richard D. EmeryWhen Mayor Bill de Blasio decided the much-maligned Civilian Complaint Review Board needed a major makeover, he turned to an attorney with a career-long history of taking on the establishment—both as an outsider and an insider.
By John Caher
11 minute read
August 22, 2014 | New York Law Journal
Media Outlets Shielded From Liability for Wrong PhotoMedia outlets that publicized a police photo of a suspected sexual predator—and then left the picture on their websites long after a misidentified man complained—cannot be held liable for defamation, a Bronx judge has held.
By John Caher
4 minute read
August 21, 2014 | New York Law Journal
Teachout Survives Second Residency ChallengeAlthough Fordham Law Professor Zephyr Teachout's chances at the polls remain to be seen, she is winning the court battle against Gov. Andrew Cuomo.
By John Caher
2 minute read
August 21, 2014 | New York Law Journal
Deportation for Felony Lacking Federal Element UpheldParting with one sister court but joining four others, the Second Circuit has found that a noncitizen's state felony need not include a federal jurisdictional element to qualify as a deportable offense.
By John Caher
3 minute read
August 20, 2014 | New York Law Journal
Circuit Seeks Guidance on Asylum StandardsThe court, in sending the case of a foreigner seeking asylum based on political activities that occurred in this country back to the Board of Immigration Appeals, pleaded with the tribunal for a "careful precedential opinion" setting "some guidelines on how to judge similar cases in the future."
By John Caher
5 minute read
August 19, 2014 | New York Law Journal
Circuit Upholds Grant of Habeas in HomicideA Bronx judge's "unreasonable" application of U.S. Supreme Court confrontation clause jurisprudence denied a defendant a fair trial and resulted in his conviction on a homicide charge, a unanimous panel of the Second Circuit said Monday.
By John Caher
2 minute read
August 19, 2014 | New York Law Journal
Judge Backs Admonishment of Lawyer for Profane EmailIn a decision last week, Southern District Judge P. Kevin Castel embraced a magistrate judge's order admonishing and cautioning attorney Denise Savage to heed the rules on professional civility, and giving little credence to her complaints that her opposing counsel had provoked her into calling him an "a**hole."
By John Caher
4 minute read
August 18, 2014 | New York Law Journal
Circuit Remands Circumcision Case for 'Strict Scrutiny'A New York City law requiring parental consent and acknowledgment of the health risks of "bris milah," a ritual circumcision practice in which a mohel orally draws blood from the wound, is subject to "strict scrutiny" analysis, a federal appellate court held Friday.
By John Caher
6 minute read
August 18, 2014 | Law.com
Farm Is Fined for Refusal to Hold Same-Sex WeddingAn Albany area farm which rebuffed efforts by a same-sex couple to hold their wedding at the site has been fined $10,000 and ordered to pay the women $1,500 each for their mental anguish.
By John Caher
4 minute read
August 18, 2014 | New York Law Journal
Republican AG Candidate in Political Race of His LifeVirtually unknown, underfunded and trailing badly in the polls, Attorney General candidate John Cahill nevertheless trudges ahead with the one-step-at-a-time perseverance of a marathon man. But then, he is a marathon man.
By John Caher
14 minute read
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