Mark A Cuthbertson

April 06, 2023 | New York Law Journal

The Supreme Court's recent decision in Kennedy v. Bremerton was the death blow for the Lemon test and existing Establishment Clause jurisprudence. In its place, the majority mandated the court's apply a 'history and tradition' test, drawing dissent from Justice Sonia Sotomayor. Yet this historical approach to defining constitutional rights is becoming a hallmark of the current majority, with the potential to disrupt the status quo on a wide range of constitutional issues.

By Mark A. Cuthbertson and Matthew DeLuca

10 minute read

March 09, 2018 | New York Law Journal

While there is an extensive body of law on the First Amendment, New York courts have only addressed government social media in evidentiary disputes. However, recent decisions by the U.S. Supreme Court and a federal district court in Virginia suggest that the rigorous protections afforded to freedom of speech generally extend to the digital realm as well.

By Mark A. Cuthbertson and Matthew DeLuca

7 minute read

October 20, 2017 | New York Law Journal

Mark A. Cuthbertson examines the arguments for and against short-term rentals, using AirBnB as an example, and discusses different regulatory tools available to municipal officials to regulate such activity.

By Mark A. Cuthbertson

7 minute read