New York Law Journal | Analysis
By Amanda Griner and Deborah M. Isaacson | February 17, 2023
As the U.S. Supreme Court is set to decide the standard that should be used to determine when an online statement is a "true threat" unprotected by the First Amendment, this article looks at the issues surrounding social media speech when courts must differentiate between mere hyperbole and actual threat.
By Jim Saunders | February 17, 2023
If the death sentence is carried out, Donald David Dillbeck would be the first Florida inmate executed since Gary Ray Bowles was put to death by lethal injection in August 2019.
By Riley Brennan | February 17, 2023
The Virginia Court of Appeals ruled that a circulating petition to remove a homeowner's association president lacked the sufficient "sting" to effectively harm the plaintiff's professional reputation as a licensed attorney/business owner in order to support a defamation claim.
By Marianna Wharry | February 17, 2023
"We do not deny Yakima School District all action to ensure the safety of its students," Judge George Fearing wrote for the Washington State Court of Appeals panel. "The school district may petition for an extended expulsion based on safety concerns. Nevertheless, the school district did not follow these procedures. Instead, it extended M.G.'s long-term suspension for an indefinite period of time in violation of RCW 28A.600.015(1)."
By Allison Dunn | February 17, 2023
"Our conclusion that Peltz-Steele is overreading the passages from Janus in question draws further support from another passage in Janus itself that Peltz-Steele ignores. In explaining that the union's asserted need to charge nonunion employees agency fees to cover the costs of representing such employees in grievance proceedings did not supply a sufficiently compelling state interest to overcome heightened review, the Court noted that unions could instead use a 'less restrictive' system in which nonmember employees pay for such services only if they use them—or simply deny representation to nonmembers in grievance proceedings altogether," Chief Judge David J. Barron wrote on behalf of the unanimous panel.
By Marianna Wharry | February 16, 2023
"Though workers in restaurants and grocery stores face risks while providing a similarly essential service of making food available to customers, it is reasonable for the City to view the work of food delivery network drivers as serving a different, additional purpose of minimizing person-to-person contact in otherwise highly trafficked areas; it is likewise reasonable for the [c]ity to choose to incentivize that work by requiring premium pay," Justice Raquel Montoya-Lewis wrote in the lead opinion.
By Adolfo Pesquera | February 16, 2023
Texas bases its constitutional arguments on definitions of "quorum," "attendance" and "assembly" as the Founding Fathers would have understood them.
By Jason Grant | February 16, 2023
"A discriminatory policy is no less discriminatory, because it has a 'leveling' effect. In fact, the 'leveling' effect may be precisely what is discriminatory," wrote Sixth Circuit Judge Joan Larsen.
By Rubin M. Sinins | February 16, 2023
No available New Jersey decision analyzes geofence warrants. 'U.S. v. Rhine', a decision issued two weeks ago by the federal district court for the District of Columbia, denying a January 6 defendant's motion to suppress geofence evidence, notes the limited number of federal authorities that have considered geofence warrants.
By Brian Lee | February 10, 2023
The governor's budget seeks to increase assigned counsel rates to $158 an hour in downstate localities, and to $119 an hour upstate.
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