Constitutional Law

  • New York Law Journal

    The Coming Religion Wars

    By Christopher Dunn | August 2, 2017

    Civil Rights and Civil Liberties columnist Christopher Dunn writes: Amid the tumult engulfing the White House and Congress, one easily loses sight of ominous developments emanating from the third branch of government. But the judiciary has been busy, and civil rights and civil liberties are under assault on many fronts. One of those fronts is the separation of church and state.

  • Daily Report Online

    Jury Finds Online Reviewer Defamed Atlanta Homebuilder

    By R. Robin McDonald | July 31, 2017

    When homebuilder Richard S. Jacobs spotted an unflattering online review of his metro Atlanta home-building firm, he first tried to have it removed, according to Gwinnett County court papers.

  • New York Law Journal

    Executing Search Warrants in the Digital Age: 'United States v. Wey'

    By Robert J. Anello and Richard F. Albert | July 31, 2017

    White-Collar Crime columnists Robert J. Anello and Richard F. Albert look at a recent high-profile Fourth Amendment victory for the defense in 'U.S. v. Wey' in light of the Second Circuit's final opinion in 'U.S. v. Ganias,' as well as a recent decision in 'In re 650 Fifth Avenue and Related Properties,' which declined suppression despite agents' reliance on a search warrant having constitutional infirmities strikingly similar to those in 'Wey.'

  • Daily Report Online

    Rulings on Juvenile Lifers Could Allow Challenges in Georgia

    By Kathleen Foody | July 31, 2017

    After banning mandatory life without parole for juveniles 17 and younger convicted of homicide, the high court last year said the ruling applied retroactively to the more than 2,000 inmates already serving such sentences nationwide, and that all but the rare irredeemable juvenile offender should have a chance at parole.

  • Litigation Daily

    The Kirkland Associate and the Case of the Bungled Pot Raid

    By Jenna Greene | July 31, 2017

    If Spiderman was a lawyer, he might be a lot like Kirkland and Ellis associate Rob Bernstein. No, not the part about webs. But because when Bernstein saw something wrong, he jumped in to fight it--and what happened to this Kansas City family was seriously messed up.

  • The Legal Intelligencer

    Ives v. City of Philadelphia, PICS Case No. 17-1083 (C.P. Philadelphia June 15, 2017) Anders, J. (4 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 28, 2017

    The court did not abuse its discretion in dismissing the appeal of an administrative adjudication where the appellant failed to comply with the court's scheduling order by not timely filing an appeal brief. The dismissal did not violate the appellant's constitutional right to due process.

  • The Legal Intelligencer

    De Ritis v. McGarrigle, PICS Case No. 17-1136 (3Cir. June 29, 2017) Krause, J. (24 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 28, 2017

    Public defender was entitled to qualified immunity for terminating a subordinate attorney for circulating rumors regarding that attorney's transfer to a lower-ranked unit, where the attorney's circulating of rumors was not protected by the First Amendment because he was speaking as an employee. Order of the district court reversed.

  • The Legal Intelligencer

    Knick v. Twp. of Scott, PICS Case No. 17-1143 (3 Cir. July 6, 2017) Smith, C.J. (35 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 28, 2017

    District Court properly dismissed appellant's Fourth Amendment and takings challenges to township ordinance relating to inspection of and public access to private cemeteries because appellant lacked article III standing where the search was in an open field that was not a protected area and appellant had no injury and did not exhaust her state law compensation remedies for her takings claim. Affirmed.

  • The Recorder

    Constitutional Heavyweights Spar in Public LinkedIn Data Fight

    By Ross Todd | July 28, 2017

    Munger, Tolles & Olson partner Donald Verrilli and Harvard Law School professor Laurence Tribe squared off in a bet-the-company battle pitting the professional networking site against data analytics startup hiQ Labs.

  • The Legal Intelligencer

    High Court: Unconscious DUI Suspect Can't Give Consent

    By Zack Needles | July 28, 2017

    The Pennsylvania Supreme Court ruled 6-1 that a warrantless blood draw from an unconscious DUI suspect is improper—but the justices had more difficulty reaching a consensus on exactly why that is.

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