Christopher Dunn

June 05, 2024 | New York Law Journal

For civil rights lawyers, attorneys' fees paid by the government play a critical role in funding work on behalf of indigent clients and in deterring unlawful conduct by government actors. In April, however, the Supreme Court accepted for review a case that threatens to upend settled law across the federal circuits.

By Christopher Dunn

9 minute read

April 03, 2024 | New York Law Journal

This article discusses two McCarthy-era Supreme Court decisions in conjunction with a current Congressional investigation that highlight how the First Amendment significantly limits the otherwise broad investigative authority of Congress.

By Christopher Dunn

9 minute read

January 31, 2024 | New York Law Journal

With 2024 upon us, we are confronted with a presidential election that carries historic import for American democracy, its constitutional values and the rule of law. It is not too soon to look beyond the election cycle to the prospect of a second Trump administration. And as tumultuous as his first term was, Trump's current rhetoric and the changed American landscape signal an even more ominous second term when it comes to civil rights and civil liberties.

By Christopher Dunn

10 minute read

December 06, 2023 | New York Law Journal

In the quiet of the Thanksgiving week, the New York Court of Appeals delivered a blockbuster batch of decisions that herald a new day for constitutional claims presented by criminal defendants in New York. The 12 decisions released on Nov. 21 are the first significant group of rulings in criminal cases from the newly constituted Court of Appeals and signal a dramatic realignment of the court's seven judges.

By Christopher Dunn

10 minute read

October 04, 2023 | New York Law Journal

A recent surge of high-speed police chases in New York City provides an important—and sobering—example of how much constitutional license the Supreme Court has granted law-enforcement officials to use deadly physical force.

By Christopher Dunn

10 minute read

August 02, 2023 | New York Law Journal

With Judge DiFiore's departure and Judge Halligan's arrival, the Court of Appeals is now much more balanced, opening the door to a more progressive approach to civil rights and civil liberties.

By Christopher Dunn

10 minute read

April 05, 2023 | New York Law Journal

We are just six months into the inaugural and historic U.S. Supreme Court term of Justice Ketanji Brown Jackson, but it's not too early to take a first look at her work. In February, she authored her debut merits opinion for the court, and she has written four opinions related to orders the court issued. All are revealing.

By Christopher Dunn

9 minute read

February 02, 2023 | New York Law Journal

Despite expressly acknowledging the risk of race-based stops, the Supreme Court and the New York Court of Appeals have given police free rein to stop vehicles no matter the officers' actual motivation so long as they can point to a traffic infraction. This unchecked authority is directly responsible for tragedies like the beating death of Tyre Nichols.

By Christopher Dunn

10 minute read

November 30, 2022 | New York Law Journal

The redistricting litigation dramatically illustrates how consequential will be the appointment to fill the vacancy created by the abrupt August retirement of former Chief Judge Janet DiFiore, who authored the redistricting decision.

By Christopher Dunn

10 minute read

October 05, 2022 | New York Law Journal

Allowing businesses to invoke free speech or religious liberty to refuse services to targeted customers would mark not only a grievous endorsement of bias but also could undo much of our social compact.

By Christopher Dunn

10 minute read