Martin

July 01, 2022 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz discusses 'Thompson v. Clark,' where the Supreme Court held that the "favorable termination" element of a §1983 malicious prosecution claim requires the plaintiff to show only that the criminal prosecution did not terminate in conviction.

By Martin A. Schwartz

11 minute read

June 21, 2022 | New York Law Journal

The Second Circuit reversed the district court's grant of habeas corpus, finding that the trial judge's closing of the courtroom to the public for approximately 15 minutes, during a nine-week trial, did not violate defendant's right to a public trial as guaranteed by the Sixth Amendment.

By Martin Flumenbaum and Brad S. Karp

7 minute read

May 24, 2022 | New York Law Journal

The court in 'Cornelio' emphasized that it is the government's burden to demonstrate that a challenged law furthers important governmental interests, that it is narrowly tailored, and warned district courts not to supply a justification that the government fails to provide.

By Martin Flumenbaum and Brad S. Karp

7 minute read

May 17, 2022 | Daily Business Review

Washington spent months ahead of the Russian invasion of Ukraine working with allies across the globe to agree on rules to deny Russia the technology and inputs needed for its military.

By Eric Martin

4 minute read

May 10, 2022 | Daily Business Review

A key regional summit the U.S. will host next month comes as the number of undocumented migrants encountered at the U.S. border surged to more than 220,000 in March, the most in more than two decades.

By Eric Martin and Jenny Leonard

4 minute read

May 03, 2022 | New York Law Journal

In this edition of his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on a recent Sixth Circuit decision in which the officer employed both Taser and deadly force.

By Martin A. Schwartz

13 minute read

May 03, 2022 | New York Law Journal

In this edition of his Section 1983 Litigation column, Martin A. Schwartz begins his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on decisions from the First, Fourth and Ninth circuits in which officers employed Taser force against an individual suffering from mental illness.

By Martin A. Schwartz

11 minute read

April 28, 2022 | New York Law Journal

It is time for Congress to act. In December 2021, the Online Accessibility Act was introduced in the House of Representatives. Unlike the DOJ's largely useless Guidance, the proposed Act recognizes that a predictable regulatory environment is critical for businesses.

By Martin S. Krezalek

7 minute read

April 26, 2022 | Daily Business Review

The International Monetary Fund said that in nations where social safety nets aren't well developed, governments can implement temporary measures to smooth the pass-through of surging international prices due to Russia's invasion of Ukraine.

By Eric Martin

3 minute read

April 26, 2022 | New York Law Journal

The Second Circuit has issued a strong reminder to agencies that the APA sets forth a high legal and procedural standard with which the agencies' immigration decisions must comport.

By Martin Flumenbaum and Brad S. Karp

8 minute read