By Martin Flumenbaum and Brad S. Karp | August 29, 2017
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze a recent case where the court wrestled with the modern world's reliance on foreign governments to help investigate and develop cases but declined to allow the government's investigatory needs to outweigh defendants' constitutional rights.
By Reviewed by Jeffrey Winn | August 29, 2017
As America's endless culture wars fester, Prof. Geoffrey R. Stone of the University of Chicago Law School has published a powerful history of the constitutional battles over sexual expression, reproductive freedom, and sexual preference.
By therecorder | The Recorder | August 28, 2017
9th Cir.; 16-35801 The court of appeals affirmed a district court judgment. The court held that the district court did not err in denying a preliminary…
By Stephen Treglia | August 28, 2017
In his E-Communications column, Stephen Treglia writes: Data-protection methodology has been with humans for thousands of years, but only recently has it increasingly become a ubiquitous part of our technology-driven lives. Inevitably, legal issues have begun to arise regarding this form of technology. Least surprising, search-and-seizure issues regarding law enforcement's attempts to circumvent data-protection methods are at the forefront. The first-half of 2017 has produced some interesting results and court analyses
By Lori A. Buza and Karen Beerbower | August 28, 2017
The case of "The Slants" -- in June, the U.S. Supreme Court struck down the provision of the Lanham Act, known as the "disparagement clause," which has governed trademark registration for the past 71 years.
By Frederick P. Sisto | August 28, 2017
On June 10, the New Jersey Supreme Court decided State v. Dunbar. This unanimous decision overturned state precedent requiring reasonable suspicion of contraband before police can deploy a canine sniff.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Inmate petitioned the court to review the department's refusal, under DC-ADM 803, to allow him access to photographs sent to him but the court lacked appellate or original jurisdiction to review the factual or legal findings of a chief grievance officer and inmate's First and Fourteenth Amendment due process claims failed because the procedures in DC-ADM 804 were adequate. Petition dismissed.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
DUI suspect who was unconscious and could not hear 'O'Connell' warnings nor refuse a blood alcohol test could suppress results of warrantless blood draw taken while he was unconscious. Order of the superior court affirmed.
By Steven A. Meyerowitz | August 23, 2017
Deciding an issue that has divided courts across the country, the U.S. Court of Appeals for the Fifth Circuit, applying Texas law, has ruled that asbestos is a pollutant for purposes of an insurance policy's pollution exclusion.
By John Council | August 23, 2017
A federal judge has put a temporary halt to a Houston homeless ordinance banning public camping after ruling the law may criminalize the status of people who can't find permanent shelter.
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