Highlights from the Oral Argument in Halliburton v. Erica P. John Fund
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
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
What's So Funny About The U.S. Constitution? Colin Quinn's Unconstitutional: Off-Broadway
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
Can You Patent Human Genes? ACLU Says No
There are two interesting opinions I'd like to highlight from this crop.
First, there's United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can't consider...more
Public servants with the utmost integrity also need to be aware of what is happening ethically around the state. In today’s climate, every public agency’s image is impacted by the missteps or misconduct of others. Below...more
R v. Nedelcu, 2012 SCC 59, is a recent Supreme Court of Canada decision which clarifies the scope of the right against self-incrimination, protected by section 13 of the Charter. The case considers the question of whether and...more
Recent Ohio tinted window traffic stops result in drug possession arrests -
Even a minor equipment infraction such as a broken tail light can be enough for police to stop drivers in Ohio. On their own, these...more
Feb. 25, 2014 -- New York Law School Professor Robert Blecker discusses his new book entitled "The Death of Punishment: Searching for Justice among the Worst of the Worst." Harvard Law School's Laurence Tribe called the book...more
The U.S. Supreme Court recently weakened a criminal defendant's ability to challenge the Government's pretrial seizure of assets that a defendant has allocated for mounting a defense. In Kaley v. United States, the Court...more
Supreme Court Upholds Warrantless Home Search Where One Occupant Consents Following Suspect’s Arrest -
Overview: The Supreme Court has ruled that police officers can conduct warrantless home searches based upon one...more
Man arrested on drug charges with no drugs in sight -
During a routine traffic stop for speeding in Northeast Ohio in November 2013, a driver was arrested when state troopers discovered a hidden compartment in his...more
On February 16, 2014, Florida’s Fifth District Court of Appeal issued its opinion in Florida v. Thomas, affirming the decision of the Circuit Court of Orange County declaring a portion of Florida’s “Counterfeiting a Payment...more
The Florida Supreme Court has held in a 4-3 vote that the state's voters should be allowed to decide in November whether to amend the state's constitution to legalize medical marijuana. The measure would need to receive at...more
Last week, I wrote about a bill, AB 129, currently pending in the California legislature that would amend California Corporations Code Section 107. As I had pointed out in an even earlier post last May, that statute...more
When the police a search a suspect who’s in custody, the law is fairly well established. But what happens if a student is searched on school grounds? The U.S. Supreme Court and the Ohio courts have wrestled with that question...more
GPS technology can help you find your way home, but can police use it to track your car without a warrant? That’s the question the U.S. Supreme Court addressed earlier this year in United States v. Jones....more
On December 13, 2013, the United States Court of Appeals for the Fourth Circuit issued its decision in United States of America v. Under Seal. On December 19, 2013, the U.S. Court of Appeals for the Second Circuit issued its...more
Always a champion of the First Amendment to the U.S. Constitution, the news media unfortunately often give little weight to another important right: the right against self-incrimination. Recent reporting on a criminal...more
The Privacy and Civil Liberties Oversight Board issued a report today concluding that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended. ...more
In This Issue:
- Top News
..Congress Approves Budget Deal with Short-Term ‘Doc Fix'
..CMS “Two-Midnight” Rule delayed until March 31, 2014
..Individuals with Canceled Insurance Policies May Apply for...more
Earlier this month, the First Circuit Court of Appeals held in a case of first impression that evidence seized by IRS special agents from the taxpayer's home was admissible even though IRS Special Agents were armed when they...more
There's been a lot of action in the federal circuits these first few weeks of the year, and here, in one post we have a lot of it.
One shout out in particular is U.S. v. Aparicio-Soria....more
Possessing or transporting a controlled substance with the intent to sell or distribute is always a felony and is deemed ineligible for drug diversion. Conviction carries harsh sentences that include significant fines,...more
Today, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal Code. In 1993, in Rodriguez v British Columbia (AG),...more
One scenario in which the jeopardy to the privilege against self-incrimination may arise is when an individual is facing criminal or regulatory proceedings in Canada at the same time as the individual is engaged in civil...more
Motel owners challenged a Los Angeles Municipal Code provision requiring hotel guest records to be made available to any Los Angeles Police Department officer for inspection. The United States Court of Appeals for the Ninth...more
In a unanimous decision authored by the Chief Justice of Canada, the Supreme Court has upheld lower courts decisions striking down some of Canada’s prostitution laws as unconstitutional. Though prostitution itself is not...more
A federal judge questioned prospective jurors closely Tuesday for signs of anti-China bias in the industrial espionage trial of a U.S. citizen who prosecutors say fed secrets to a Chinese company.
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