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New York Law Journal

Bill, Spurred by Weinstein Case, Opening Door to 'Molineux' Evidence, Needs Gubernatorial Boost, Lawmaker Says

Amy Paulin, D-Westchester, told reporters that it is unlikely she will be able to overcome strong opposition in the lower house of the Legislature. The bill sailed through the state Senate.
6 minute read

National Law Journal

'Tell Their Story 3-Dimensionally': 1st Circuit Judge Shares Lawyering Lessons With Grads

"Over the years and the decades of practice, there will still be things to learn," Lara Montecalvo told the law school graduates. "And it will be important to know that and to acknowledge it and to see those lessons when they present themselves."
4 minute read

National Law Journal

Supreme Court Says Later Drug Schedule Changes Don't Affect Mandatory Minimums

"A defendant's 'history of criminal activity' does not 'cease to exist' merely because the crime was later redefined," Justice Samuel Alito Jr. wrote for the majority.
5 minute read

New Jersey Law Journal

Emerging Case Law Offers Support for Sexual Assault Victims Seeking Restraining Orders

The defendant had argued in the Gloucester County trial venue that a more stringent test with the six factors used in domestic violence cases should have been the standard.
6 minute read

New York Law Journal

Anger Over Weinstein Decision Sparks GOP Bills to Curb High Court's Power

The measures would prevent the chief judge from selecting replacement judges when there's a recusal, instead picking them by seniority.
5 minute read

National Law Journal

Full 10th Circuit Urged to Grant Retrial After Prosecutor Listened to Attorney-Client Call

"You have a prosecutor who is deliberately intruding into the attorney-client privilege, and in those circumstances the prosecutor is the last person you should trust when the prosecutor comes in and says, 'This is no big deal,'" attorney Kannon Shanmugam said.
5 minute read

New York Law Journal

Habeas Law and the Sex Shaming of Brenda Andrew

Brenda Andrew's was convicted in Oklahoma of her estranged husband's murder in a trial in which the prosecutor dangled her throng underwear before the jury and otherwise "sex shamed" her. She has petitioned the U.S. Supreme Court to hear her case. Do the constraints of federal habeas law (AEDPA) make that unlikely?
8 minute read

New York Law Journal

Court of Appeals Overturns Weinstein Criminal Conviction

The Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.
7 minute read

New Jersey Law Journal

NJ Supreme Court Unanimously Rules Child Erotica Statute 'Unconstitutionally Overbroad'

The New Jersey Supreme Court unanimously struck down a portion of a law criminalizing "portraying a child in a sexually suggestive manner" as unconstitutionally overbroad this week because it bars "a large swath of material that is neither obscenity nor child pornography."
5 minute read

National Law Journal

Who Was at the Lectern This Supreme Court Term?

If it weren't for the four female justices, oral arguments would often have the feel of a male echo chamber, with 23 of the term's 61 argued cases not featuring a single female attorney. That's compared to just five cases that did not feature a male advocate.
8 minute read

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