Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Patent Human Genes? ACLU Says No
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Journalist Who Changed How SCOTUS Is Covered
Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Viewer's Guide to Gay Marriage Oral Arguments
Why Did Godzilla & James Bond Need Congress' Protection?
Justices Kagan & Sotomayor Do 180s On Video At High Court
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Newsbreak: Your Rights
Newsbreak: Sexual Predators on Facebook and More
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
What Next for the NLRB?
Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more
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
In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more
Two police officers are being sued because they entered Charles Smith's home after he stole a $14.99 (presumably, before tax) phone charger from Walgreens. As the Sixth Circuit acknowledged: "But for the want of $14.99 or a...more
When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more
The United States Supreme Court has ruled that police cannot take blood from a suspected drunken driver without a warrant, unless there are some special circumstances. In Wisconsin, police have previously taken blood from...more
The days of putting convicted criminals to death in the United States could be on the wane. Six states have gotten rid of capital punishment in the last six years, while more could be on the way...more
Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more
Casey Anthony should have been convicted of murder, her trial judge said this week.
Anthony was acquitted in 2011 for the killing of her 2-year-old daughter, Caylee. Caylee’s corpse was found in a trash bag in the...more
Last year, in an attempt to rein in the harshest punishments for minors convicted of major crimes, the U.S. Supreme Court ruled that states could not impose mandatory sentences of life in prison without parole for juvenile...more
Overview: The Ninth Circuit Court of Appeals recently reversed a drug conviction in a case where FBI agents deliberately delayed Miranda warnings to induce the defendant’s confession. The court found that the agents had...more
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
October 29, 2007 started bad for Cortez Fisher.
He walked out of his house and the Baltimore police approached him (he lived in Baltimore). They asked to talk to him. He said no. He tried to drive away, but backed into...more
Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters.
Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more
If you are arrested, it is important to avoid panicking and to think clearly to make sure your rights are secured. The Fifth Amendment gives you the right to refuse to discuss allegations with police. Although you may feel...more
Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and...more
Dzhokhar Tsarnaev, the surviving suspect in the Boston Marathon bombings, was formally charged on Apr. 22 at his hospital bedside with federal terrorist crimes.
As soon as he was captured on Apr. 19, legal experts...more
Last week was a great week for folks appealing a federal conviction.
In United States v. Garrido and again in United States v. Cone fraud convictions were reversed by the Ninth Circuit and the Fourth Circuit. Separately,...more
The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a...more
Overview: The U.S. Supreme Court recently ruled that the natural dissipation of alcohol in the bloodstream did not necessarily create an exigent circumstance justifying a warrantless blood test in all DUI cases. Missouri...more
Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses...more
In This Issue:
- Steve Fogle's Feature:
Out of the Blue - A recent unexpected court order restricting the media from reporting on certain details of a high-profile criminal case serves as a reminder that the...more
Folks have been using marijuana as a recreational drug for years and years. It’s a substance that grows “naturally.” And it is perceived by many as a harmless substance-- Or, at least, far less harmful than the other “hard”...more
As reported in the Ottawa Citizen, in a recent drug trafficking case the Ontario Superior Court considered whether the police could enter, without a search warrant, the common elements of the condominium building in which the...more
On Thursday, March 21, 2013, a motion hearing occurred regarding the four Milwaukee Police Department (MPD) officers who face charges of conducting illegal strip searches and illegal body cavity searches. During the hearing,...more
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