By Charles Toutant | August 4, 2021
"Depending on which version of events you credit, this is either a case of sordid machine politics silencing a critic or a case of a government employer terminating a stubborn and incompetent employee," U.S. District Judge Joshua Wolson said.
New York Law Journal | Analysis
By Christopher Dunn | August 4, 2021
Five decades after the Supreme Court endorsed police stop-and-frisk with limits on its use, lower courts continue to struggle balancing officer safety with individual privacy and the threats of police abuse. A full Second Circuit is now poised to issue a rare en banc decision that captures the struggle in the post-'Terry' jurisprudence. In his Civil Rights and Civil Liberties column, Christopher Dunn discusses the background and current state of affairs in stop-and-frisk and why he thinks we may see "dramatic changes in the coming year."
New Jersey Law Journal | Analysis
By Timothy P. Duggan | August 4, 2021
The U.S. Supreme Court ruled that a private company can use the federal government's delegated power of eminent domain to sue the State of New Jersey in a federal condemnation action.
By Jacqueline Thomsen | August 4, 2021
"The requests are tailored to, and in practical operation will affect, only President Trump," Trump's lawyers wrote. "The requests single out President Trump because he is a Republican and a political opponent. They were made to retaliate against President Trump because of his policy positions, his political beliefs, and his protected speech, including the positions he took during the 2016 and 2020 campaigns."
By Jacqueline Thomsen | August 3, 2021
"The mere availability of rapid judicial response neuters the advantage of delay tactics. So this need not become a recurring burden for courts," said Sen. Sheldon Whitehouse, the chair of the courts' subcommittee.
By Suzette Parmley | August 3, 2021
The court said the New Jersey Constitution "is designed to protect individual rights, and it provides greater protection against unreasonable searches and seizures than the Fourth Amendment."
By Marcia Coyle | August 2, 2021
"We're not just looking for bodies; we're looking for smarts—help for thinking through the legal issues that we're often confronting for the first time," James Esseks, director of the ACLU's LGBT and AIDS project, said.
New York Law Journal | Analysis
By Barry Kamins | August 2, 2021
In his Criminal Law and Procedure column, Barry Kamins discusses how the practice of issuing temporary orders of protection without any judicial examination regarding the deprivation of rights has changed following the decision in 'Crawford v. Ally'.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | August 1, 2021
If the borough were as confident of the correctness its position as it claimed, one would hope that it could not be dissuaded from defending its policy merely because Ms. Dick is now represented by counsel with celebrated tenacity regarding the First Amendment.
By Jacqueline Thomsen | July 30, 2021
"In our view, the 2019 opinion failed to give due weight to Congress's status as a co-equal branch of government with legitimate needs for information in order to exercise its constitutional authorities," reads the opinion signed by Dawn Johnsen, the acting assistant attorney general at OLC.
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