By Scott Graham | March 28, 2018
The D.C.-based appellate court on Wednesday stopped a PTAB proceeding in which the board has declined to recognize the Saint Regis Mohawk Tribe's sovereign immunity.
By Ben Hancock | March 28, 2018
In the first such decision in the Ninth Circuit, a federal magistrate judge ruled that a criminal defendant could be compelled to unlock encrypted data because prosecutors could show that he knew the passwords.
By Charles Toutant | March 28, 2018
The majority ruled in "State v. Zalcberg,"a 5-2 decision on Tuesday, that a lack of training for police about the need for and availability of telephonic warrants—in the context of a serious road accident and a changing landscape for such warrants at the time—could form an exigency that renders the warrantless blood sampling compliant with the Fourth Amendment.
By Cogan Schneier | March 28, 2018
A federal judge ruled Wednesday that the attorneys general have standing to bring their lawsuit claiming the president is in violation of the Constitution's emoluments clauses.
By Katheryn Tucker | March 28, 2018
U.S. District Judge Mark Walker of the Northern District of Florida in Tallahassee issued a permanent injunction requiring Florida's Executive Clemency Board to establish a new voting rights restoration process for former felons by April 26.
By Marcia Coyle | March 27, 2018
"The demonstrators should seek more effective and more lasting reform,” Stevens said in a New York Times op-ed. “They should demand a repeal of the Second Amendment.” At the high court, the justices have shown no strong appetite to dive into the Second Amendment in recent years.
By Anthony S. Guardino | March 27, 2018
In his Zoning and Land Use Planning column, Anthony Guardino discusses 'Congregation Rabbinical College of Tartikov v. Village of Pomona,' where the court decided that several laws passed by the upstate village of Pomona could not be used to block development of a religious school and associated dormitory housing on village property.
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.
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