New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 27, 2018
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Halleck v. Manhattan Community Access Corporation', in which the court held that several public access television channels in Manhattan qualify as public forums under the First Amendment—even though they are owned by a private corporation. The majority's decision was accompanied by a lengthy dissenting opinion, and is at odds with decisions in the D.C. Circuit and the Southern and Eastern Districts of New York.
By Jonathan Ringel | March 27, 2018
A majority says the court cannot rewrite the law, but dissenters say that when the Legislature is silent, courts can act.
By Cogan Schneier | March 27, 2018
New York and other states are also expected to sue.
By Scott Graham | March 26, 2018
The California Court of Appeal has created some First Amendment breathing room for the creators of docudramas. It's coming at the expense of legendary actor Olivia De Havilland.
By Cogan Schneier | March 26, 2018
The Archdiocese of Washington argues the Washington, D.C., transit system illegally refused to run its Christmas-themed ads on city buses.
New York Law Journal | Analysis
By Ken Strutin | March 26, 2018
In his Criminal Law column, Ken Strutin writes: Lifespans encapsulated by incarceration cancel the possibility of parole, extinguish life in society, and hasten death in custody. Moreover, misperceptions of mortality's measures lengthen and intensify sentences beyond their intention.
By Lauren D. Bernadett and Michael E. Vergara | March 26, 2018
Water districts secured a win in the first stage of challenges to curtailments.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | March 26, 2018
When controversial speakers appear on campus, they frequently trigger violent and destructive demonstrations, sometimes leading to physical injuries and inevitable police arrests. The cost of securing the site from this violence poses an enormous problem for university officials.
New York Law Journal | Analysis
By Ilann M. Maazel | March 23, 2018
Civil Rights Litigation columnist Ilann M. Maazel writes: Qualified immunity is often asserted and litigated in §1983 cases. But some conservative scholars now argue that the doctrine is lawless. This column discusses why.
By Marcia Coyle | March 23, 2018
The origin of Karen McDougal's connection to the boutique: A tweet from Gibson Dunn's Ted Boutrous offering legal help to defend speech rights.
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