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New York Law Journal

The Excessive Fines Clause Comes for the FBAR Civil Penalty

"But long before Congress adopted this penalty structure, the Eighth Amendment to the Constitution prohibited the federal government from imposing 'excessive fines,'" writes Jeremy H. Temkin.
9 minute read

National Law Journal

Challenge to TikTok Ban-or-Sale Law Faces First Amendment Scrutiny at DC Circuit

Chief Judge Sri Srinivasan pressed TikTok on whether a company based outside of the United States can bring a First Amendment challenge to a federal regulation.
4 minute read

Texas Lawyer

Gun Ownership and Mental Illness: The Legal Connection

"The case of J.M.P., Jr. sets an important precedent for future legal decisions regarding mental health and ownership of firearms," write Elisa Reiter, Daniel Pollack, and Jeffrey Siegel.
10 minute read

New York Law Journal

Historical Society to Co-Host Constitution Day Program Tracing Evolution of Founding Document

The Historical Society of the New York Courts is co-hosting the event in partnership with the King Manor Museum and the Queens Family Court
2 minute read

New York Law Journal

Anti-SLAPP Suit, Copyright Infringement Claim and Dismissal of Evidence Request

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.
9 minute read

Daily Report Online

Atlanta-Based Fearless Fund Ends Black-Only Entrepreneurial Grant Contest After Settling Civil Rights Lawsuit

"Race-exclusive programs like the one the Fearless Fund promoted are divisive and illegal," the American Alliance for Equal Rights stated. "Opening grant programs to all applicants, regardless of their race, is enshrined in our nation's civil rights laws and supported by significant majorities of all Americans."
3 minute read

National Law Journal

Drone Operator Tells Supreme Court His Aerial Mapping Business Is Protected Speech

The U.S. Court of Appeals for the Fourth Circuit saw things differently and upheld North Carolina's licensing regime as a regulation of conduct, not speech.
3 minute read

Daily Report Online

Forced to Choose How to Die, S.C. Inmate Lets Lawyer Pick Lethal Injection

Still undecided by the state Supreme Court is a request by the man to postpone his death so his lawyers can argue his co-defendant lied about having a deal to avoid the death penalty or a life sentence in exchange for testifying that he pulled the trigger to kill a clerk after she struggled to open the safe in a store they were robbing in 1997.
5 minute read

The Legal Intelligencer

Federal Judge Cuts $20M Punitive Damages Award to $1M Over Constitutionality Concerns

"The court's opinion makes it clear that the conduct of the defendant was reprehensible. The court reduced the amount of punitive damages, not because of the nature of the conduct, or because of the court's own feelings about the conduct, but rather on its analysis of Supreme Court law on the constitutionality of the ratio between compensatory and punitive damages," said the plaintiff's attorney, Jamie Bordas of Bordas & Bordas in Pittsburgh.
4 minute read

National Law Journal

6th Circuit Urges Supreme Court to Review Coordinated Campaign Expenditure Limits

"The dearth of historical examples supporting the [Federal Election Commission's] position calls for the Supreme Court to reexamine its First Amendment jurisprudence that applies here," Judge John Bush wrote in a concurrence.
5 minute read

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