A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
PennDOT to Increase Number of Pennsylvania Bridges with Weight Restrictions
Harvey Miller: Detroit Will Be In Bankruptcy "For A Long Time"
Grayson: Only 1 Agency Should Regulate Wall Street
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Coyle: Robert's SCOTUS Doesn't Respect Congress
When officers carry out a “consensual encounter” with a member of the public, unless they have reasonable suspicion that someone is breaking the law, they are not permitted to detain the person for any longer than necessary...more
In the 1980s, the Supreme Court issued two decisions that remain the prevailing authority on law enforcement’s practice of warrantless, aerial surveillance. In California v. Ciraolo, the Court held that a police officer...more
Recently, the Tenth Circuit Court of Appeals considered the dividing line between free speech guarantees and the state’s authority to criminalize threat speech. In United States v. Heineman, the court held that the government...more
For the past century, the United States Supreme Court has given the police the right to search (without a warrant) a person who has been legally arrested. See Weeks v. United States, 232 U.S. 383, 392 (1914). Unfortunately,...more
Court faults officers for failing to preserve video footage and orders charges dismissed -
Overview: The Court of Appeal held in a published case that officers violated a defendant’s due process rights by failing to...more
Courts hold that officers may rely on law in effect at the time they conduct a search -
Overview: The California Court of Appeal recently held, in two separate rulings, that the recent holdings requiring law...more
Sept. 3, 2014 (Mimesis Law) -- Scott is all for putting personal cameras on police officers will help curb abuse, but expectations, he says, should be tempered....more
While a controversial proposed state bill that would restrict law enforcement agencies’ use of drones is drawing criticism, the federal government is also tackling ways to regulate the use of this new technology. These...more
Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement. While the direct consequences of conviction are...more
The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports. This decision could affect the ability of school...more
August 26, 2014 (Mimesis Law) -- Scott talks about how the police response to the Mike Brown protests in Ferguson, Missouri spells big trouble for the rest of America....more
Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a...more
In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more
In its July 29, 2014 decision in R. v. Graham, the Ontario Court of Appeal (Cronk, Watt and van Rensburg JJ.A.) comprehensively considered how to approach a criminal appeal alleging ineffective assistance of trial counsel. In...more
..Ahead of the law? In Hidalgo County, Texas, a former sheriff has been sued civilly over allegedly illegal campaign contributions. (He was also criminally convicted of money laundering.) At a civil deposition in the case, a...more
August 18, 2014 (Mimesis Law) -- As revenge porn laws crop up across the United States, Scott talks about some of the unintended consequences that can result from criminalizing such a broad swath of online activity....more
Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour...more
On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more
The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more
Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more
Federal appellate courts ordinarily grant en banc hearings or rehearings only when “(1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (2) the proceeding involves a question...more
Regardless of their personal stance on any hot-button social issue, most business owners do not want their place of business to be the focus of demonstrations on that issue – wisely so, because rarely does being the focus of...more
A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more
Criminal appeals are statutory and there must be a right of appeal for an appellate court to properly have jurisdiction over an appeal. The Ontario Court of Appeal’s June 3, 2014 decision in R. v. Montague considered whether...more
The risk to the privilege against self-incrimination is not limited to proceedings taking place in parallel in Canada and the United States (U.S.). The case of R. v. Eurocopter Canada Ltd.,  O.J. No. 2120, is a good...more
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