Constitutional Law

  • New York Law Journal

    SCOTUS Rejects Excessive Force 'Provocation' Doctrine, Invokes Proximate Cause

    By Martin A. Schwartz | July 10, 2017

    In his Section 1983 Litigation column, Martin A. Schwartz writes that the U.S. Supreme Court recently overturned the Ninth Circuit's "provocation doctrine" on the ground that it was inconsistent with Fourth Amendment excessive force jurisprudence. The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause principles—but applying proximate causation in these circumstances is easier said than done.

  • New Jersey Law Journal

    Trump Displays Made Schools Case Studies in Free Speech

    By Law Journal Editorial Board | July 10, 2017

    New Jersey presented a great lesson for the nation recently on censorship and First Amendment values.

  • The Recorder

    Santa Ana Police Officers Association v. City of Santa Ana

    By therecorder | The Recorder | July 7, 2017

    C.A. 4th; G053126 The Fourth Appellate District affirmed in part and reversed in part a judgment. The court held that police officers did not have an…

  • New York Law Journal

    Times Lawyers Say They'll Seek Early Dismissal of Palin's Defamation Claim

    By Andrew Denney | July 7, 2017

    Lawyers for The New York Times came out swinging on Friday in Sarah Palin's defamation lawsuit against the paper over an editorial linking her to a mass shooting, arguing the former Alaska governor and vice presidential candidate could not show The Times acted with actual malice.

  • Connecticut Law Tribune

    Exploring the Boundaries of the Fifth Amendment

    By Joe Martini and James Glasser, Wiggin and Dana | July 7, 2017

    The "act of production" doctrine gestated in the 1970s, when the absolute protection traditionally afforded "private books and papers" gave way to a more nuanced evaluation of whether the act of selecting and producing material, regardless of its content, could be construed as "testimonial" in nature.

  • Texas Lawyer

    Austin Federal Judge Tosses White Male Lawyer's 'Quota' Lawsuit Against Texas Bar

    By John Council | July 7, 2017

    An Austin federal judge has dismissed a lawsuit filed by a white male lawyer who alleged the State Bar of Texas was following a "quota" system for appointing minority members to its board of directors after finding his case was mooted after the Texas Legislature changed the law.

  • New York Law Journal

    SCOTUS to Decide if Cell Site Location Is Protected by Fourth Amendment

    By Harry Sandick and George LoBiondo | July 7, 2017

    Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."

  • New York Law Journal

    Criminal Defense and a Free Press

    By Alan E. Sash | July 7, 2017

    They teach us in school how the three branches of government in the Constitution check and balance one another. The Bill of Rights, however, has two other checks and balances in place: The First Amendment guarantees us the freedom of the press and the Sixth Amendment guarantees us the assistance of counsel in criminal prosecutions.

  • National Law Journal

    Hawaii Judge: Only SCOTUS Can Clarify Travel Ban Injunction

    By Cogan Schneier | July 7, 2017

    A federal judge in Hawaii on Thursday declined a motion to clarify his March injunction against the president's travel ban executive order, deferring to the U.S. Supreme Court.

  • The Legal Intelligencer

    Recording Cops in Public Protected by 1st Amendment, 3rd Circuit Rules

    By P.J. D'Annunzio | July 7, 2017

    In a time when police activity is under increased scrutiny, the U.S. Court of Appeals for the Third Circuit has joined a growing list of federal courts that say the recording of police officers in public is protected by the First Amendment.

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