Civil Rights › Constitutional Law

Questionable Methods Used in Preparing Mentally Ill for Trial

In times of strained budgets, states are trying creative ways to prepare people with mental illness to stand trial. ...more

Local Government and Legislative Prayer--Can They Pray or Not?

Battles rage around the country over whether legislative meetings such as town councils can open with prayer--and if they can, what kind of prayer is permissible. Decisions, such as the two discussed in this blog, go...more

More than 50 parties file recourse proceedings in the Cyprus Supreme Court

As noted in our previous update, several clients have considered legal challenges to the new laws based on the resolution measures agreed by the Eurogroup and the Republic of Cyprus. These resolution measures on Bank of...more

Judge’s Decision Awaited in NYC Stop and Frisk Trial

Closing arguments wrapped up on May 20 in Floyd v. City of New York, the first trial to spotlight New York City’s controversial “stop and frisk” law enforcement program, which plaintiffs say amounts to unconstitutional racial...more

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....more

Can the Government Search Your iPad or iPhone at the Border?

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

Minnesota Gov. Signs Marriage Equality into Law

Months after Minnesota voters declined to enshrine a ban on gay marriage in the state constitution, Gov. Mark Dayton today signed a bill that permits gay and lesbian couples to tie the knot....more

Fenwick Employment Brief - May 2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

NJ Court Upholds OPRA Denial Over Personnel Records

NJ Court Upholds OPRA Denial Over Personnel Records by Sheri Siegelbaum on May 13, 2013 The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open...more

Gay Moms Get True Marriage Equality in Iowa

The Iowa Supreme Court ruled on May 3 that the state must recognize children born to lesbian couples as having two parents on their birth certificate, ensuring full parental rights for both parents and equal treatment for gay...more

Shield Law Extended to Bloggers in New Jersey

Shield Law Extended to Bloggers in New Jersey by Joel N. Kreizman on May 8, 2013 New Jersey continues to have one of the broadest journalist shield laws in the country. Most recently, a state court judge for the first...more

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

It's Not Defamation if No One Knows It's You -- Sammy Hagar Defeats Defamation Claim

The first element of defamation is sometimes forgotten. The defamatory statement must be about the plaintiff. In most instances that will be self-evident, but sometimes the identity of the person being defamed will be known...more

U.S. Supreme Court Issues Key Public Records Decision

U.S. Supreme Court Issues Key Public Records Decision by Sheri Siegelbaum on May 7, 2013 The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously...more

DOES AUTHORITY EXIST FOR CRIMINAL PROSECUTION FOR VIOLATIONS OF BAIL LICENSING LAWS WITHOUT CERTIFICATION OF CRIMES BY THE...

California attorney Joseph Cavallo was convicted of violating Title 10, CCR section 2071, "recommendation of attorney by bail licensee". The authority to prosecute violations of the bail licensing regulations lies with the...more

Monty Green v. The City of New York, et al.

Complaint

More importantly, at no time, did any internal investigator observe him solicit anyone for sexual favors in exchange for monies; observe him hire anyone as a sex worker to perform sexual favors for others in exchange for...more

How to Use the “Wall of Wrong” to Determine if a Proposed Defamation Case is a SLAPP -- Shaheen Sadeghi v. Delilah Snell

The tale starts with an article in OC Weekly. The article was about a guy named Shaheen Sadeghi. The article was extremely favorable to Sadeghi, referring to him as the “Curator of Cool” and discussing his amazing success in...more

Anti-SLAPP Law Does Not Protect Civil Extortion by Attorneys

Despite the prohibitions against doing so, some attorneys can’t resist throwing a threat of criminal action into their demand letters. They apparently think (if they give it any thought at all) that an express or veiled...more

Taking Stock of Business and Human Rights in the United States

This week, members of the United Nations (“U.N.”) Working Group on Human Rights and Transnational Corporations are making an official visit to the United States as part of the Group’s mandate to promote the effective...more

Marvin M. Brandt Revocable Trust v. United States

Brief Amicus Curiae of Owners' Counsel of America in Support of Petitioners

This is the brief of Owners' Counsel of America supporting the petitioners in Brandt v. United States. That case involves an abandoned rail line in Wyoming, but this case has nationwide implications. The issue before the...more

Miguel Mendoza v. Reed K. Hamzeh

Court Rules that Attorney's Demand Letter is Not Protected under Anti-SLAPP Law

Following the prior decision of Flatley v. Mauro, the California Court of Appeal in Miguel Mendoza v. Reed K. Hamzeh finds that a demand letter from an attorney which threatens criminal prosecution is not protected under the...more

Naffe v. Frey, et al.

Ruling DISMISSING Complaint under FRCP 12(b)(1) and Section 1983 claim under FRCP 12(b)(6) with Prejudice, etc.

Per Kenneth White, blogger at Popehat.com: http://www.popehat.com/2013/04/19/victory-for-blogger-patterico-in-free-speech-case/ : "Patrick Frey, also known as Patterico, has been living under the cloud of a frivolous,...more

Cyprus: To Litigate or Not to Litigate?

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

Texas Moves Forward with Bill to Ensure Flexibility in Admissions

On April 9, 2013, the Texas Senate approved a bill allowing the University of Texas at Austin (UT-Austin) to maintain its cap on automatic admissions through at least 2017 no matter the U.S. Supreme Court’s decision in Fisher...more