Martin A Schwartz

June 09, 2006 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that First Amendment retaliation claims often give rise to difficult legal and factual issues. For example, in public employee free speech cases courts have to determine whether the employee's speech was a matter of public concern and, if so, how to weigh the competing interests of the employee and government.

By Martin A. Schwartz

10 minute read

April 03, 2006 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that U.S. Supreme Court in a recent highly publicized decision upheld the Solomon Amendment's denial of federal funds to educational institutions that deny military recruiters equal access to their campuses.

By Martin A. Schwartz

14 minute read

July 22, 2008 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that the perplexing question in "class of one" labor cases is whether it is more prudent to deny the remedy altogether, as the Supreme Court has done, or to allow the remedy, but with such stringent limitations and rigorous burdens, that very few claimants will ultimately succeed.

By Martin A. Schwartz

12 minute read

October 20, 2010 | New York Law Journal

In his Public Interest Law column, Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, writes that it is no secret that criminal defendants typically have a very hard time prevailing before the high Court. Yet last term, criminal defendants did prevail in some very significant high visibility cases.

By Martin A. Schwartz

15 minute read

June 02, 2008 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, discusses the recent decision in Virginia v. Moore, where the Supreme Court held that an arrest supported by probable cause satisfies the Fourth Amendment even if the arrest violated state law. Consequently, a search incident to such an arrest does not violate the Fourth Amendment.

By Martin A. Schwartz

12 minute read

June 16, 2009 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, analyzes a recent Supreme Court ruling that held, in a unanimous opinion written by Stephen G. Breyer, that prosecutorial immunity encompassed allegations that a district attorney and chief deputy failed to adequately train and supervise prosecutors in their office on their Brady obligations concerning impeachment material.

By Martin A. Schwartz

14 minute read

September 17, 2008 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that one way to assess the significance of the Supreme Court's decisions in CBOCS West and Gomez-Perez is to consider what might have been. The Court, in one full swoop, could have held that the statutory text must control and rejected the right to assert a retaliation claim unless expressly authorized by Congress. Instead, the Court maintained vital civil rights precedents.

By Martin A. Schwartz

10 minute read

June 16, 2010 | New York Law Journal

In his Public Interest Law column, Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, writes the U.S. Supreme Court recently held, in an opinion by Justice Samuel A. Alito, Jr., that a district court may increase the �1988 lodestar amount for superior performance and results in "rare" and "exceptional" circumstances.

By Martin A. Schwartz

15 minute read

June 15, 2011 | New York Law Journal

In his Public Interest Law column, Martin A. Schwartz, addresses a recent Supreme Court decision holding that a district attorney's office cannot be held liable under �1983 for failure to adequately train ADAs on their due process obligations to turn over exculpatory material to the defense, unless the plaintiff demonstrates a pattern of violations by the ADAs.

By Martin A. Schwartz

17 minute read

February 04, 2008 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that even neophyte litigators quickly learn that whether a civil suit gets past the motion stage to trial is critical, because cases that get to trial are prime candidates for settlement. A recent Supreme Court decision, he warns, makes it more difficult for plaintiffs' lawyers to get excessive force cases to the jury.

By Martin A. Schwartz

17 minute read