By Allison Dunn | January 12, 2024
"Counsel's constructive absence during either a significant portion of trial or an important aspect of trial so offends the constitutional protections surrounding the right to assistance of counsel that it renders the entire adversary process 'presumptively unreliable' and creates an uncurable error," Chief Justice Kimberly S. Budd wrote.
By The Law Journal Editorial Board | January 12, 2024
The issue before the Colorado court and other courts throughout the country involves the right to be on the ballot, itself a federal constitutional issue which must be decided by the judiciary.
By Colleen Murphy | January 12, 2024
"Pax Christi USA's position is that New Jersey's enactment of AB 5207 was a proper exercise of the State's traditional police powers to protect the health and safety of those whom the federal government chooses to detain in New Jersey under its immigration authority," Pashman Stein partner David N. Cinotti said.
By Cheryl Miller | January 11, 2024
A cannabis company owner challenging a state license denial "cannot use the Dormant Commerce Clause to demand a constitutional right to participate in an illegal interstate market," wrote U.S. District Judge Tiffany Cartwright of Washington's Western District.
By Brian Lee | January 11, 2024
The operator, Waste Management, calls the state constitutional amendment vague.
By Jimmy Hoover | January 10, 2024
The Supreme Court considers Confrontation Clause question involving expert testimony.
By Alex Anteau | January 9, 2024
The plaintiffs contend that the same incident central criminal election-meddling case against former president Donald Trump in the Superior Court of Fulton County proves their argument that Georgia's voting software system is not secure.
By Jimmy Hoover | January 9, 2024
The Biden administration says it has the constitutional and statutory authority.
New York Law Journal | Letter to the Editor
By Alani Golanski | January 8, 2024
It is questionable whether New York jurisprudence requires the state's trial and appellate justices to abide a Court of Appeals ruling on a federal constitutional matter that has been effectively nullified by the U.S. Supreme Court, a law firm partner writes.
The Legal Intelligencer | Commentary
By David H. Moskowitz | January 8, 2024
Trump's attorneys claim that he is entitled to immunity based upon the 1982 precedent granting former President Richard Nixon immunity from civil damages.
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