By Andrew Denney | December 26, 2018
The FIRST STEP Act is aptly named for the series of changes advocates say need to be made for comprehensive criminal justice reform.
New York Law Journal | Analysis
By C. Evan Stewart | December 26, 2018
Three times the U.S. Supreme Court has held that there is no aider and abettor liability for secondary actors.The Securities and Exchange Commission has never really taken “no” for an answer, however, and has continually tried to work a way around it. The Commission is at it again, this time in 'Lorenzo v. S.E.C.', discussed here.
By Marcia Coyle | December 26, 2018
Every now and then a U.S. Supreme Court justice, or an advocate, says something that brings laughter to the room. Here's a look back at some of the memorable moments of 2018.
By Tony Mauro | December 21, 2018
Would the justices clear their court chamber like the D.C. Circuit did, and leave the public and press outside, scratching their heads?
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | December 19, 2018
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz write: Twenty years ago there was a push, albeit ultimately unsuccessful, to enact a parent-child privilege in New York. Given the myriad legal and societal changes in the last 20 years, perhaps it is time to revisit the idea of codifying the privilege.
New York Law Journal | Analysis
By Paul Shechtman | December 18, 2018
On December 6, the Supreme Court heard oral argument in Gamble v. United States. Gamble calls on the court to revisit the Double Jeopardy Clause's dual sovereignty doctrine—to determine whether the clause bars prosecution by the federal government following a state prosecution for the same offense (or visa versa). Precedent favors the government, but a betting man should not wager too heavily against Gamble.
The Legal Intelligencer | News
By Zack Needles | December 14, 2018
A defendant in a capital case will not get the chance to pursue his Post-Conviction Relief Act claims that offensive emails sent and received by former Pennsylvania Supreme Court Justice J. Michael Eakin, who rejected his original PCRA appeal, demonstrated bias and that the Cumberland County District Attorney's Office should be disqualified from the case.
New York Law Journal | Analysis
By Mark Goidell | December 14, 2018
Recent significant legal developments may convince jails and prisons throughout the nation to meaningfully address the opioid and fentanyl epidemic that pervades correctional centers and society in general.
New York Law Journal | Commentary
By Joel Cohen | December 14, 2018
Virtually every judge will tell you that sentencing is the most solemn and difficult decision they must make. Some acknowledge conferring with their clerks, or occasionally with a colleague or two, simply as a gut check when confronted with a difficult sentence, or one with potentially broader ramifications than just the defendant before them. Almost every one of them, though, truly struggles with it every time.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | December 13, 2018
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant, representative decisions handed down recently: one decision finding a guilty plea agreement deficient because of an overly broad waiver of the right to a subsequent collateral attack; another denying defendant's motion to dismiss a trademark action despite a clause in the contract between the parties designating Italy as the forum for any dispute “arising out of” the agreement; and the last dealing with discrimination, hostile work environment and retaliation claims on defendant's motion for summary judgment.
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