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.
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
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
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
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
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
In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more
In 1999, the legislature enacted SB 105 (Burton) which obligates CalPERS and CalSTRS to support, whenever feasible, shareholder resolutions at domestic and international corporations in which those funds have invested that...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
Last week, the ACLU created a stir when it suggested that the IRS may be reading taxpayers’ emails without obtaining a search warrant. At least at some point in time in the past, according to the IRS’ 2009 “Search Warrant...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
Can police track your location via your cell phone without so much as obtaining a warrant? The answer, for now, is maybe.
In 2008, Brianna Denison, a 19-year-old college student, was kidnapped from a friend's house, raped and murdered. Although James Michael Biela initially refused to provide a DNA sample, he was ultimately convicted of these...more
With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more
In a recent decision, U.S. District Judge Susan Illston of the Northern District of California struck down the FBI’s use of National Security Letters (NSLs) as unconstitutional. Unbeknownst to most Americans, the FBI has been...more
Overview: In a 5-4 decision,the U.S. Supreme Court this week ruled that a Florida police dog’s sniffing for drugs in front of a man’s home constituted an illegal search. Based on an unverified tip, police physically entered...more
The privilege of talking confidentially with clergy, such as a pastor or priest, is ancient and honored, and clergy cannot be made to testify about those conversations. Some states have fairly broad statutes defining the...more
Updating our entry on this issue posted during the last Congress, on March 21, 2013, lawmakers in the House and Senate reintroduced companion bills intended to curb government use of mobile users’ geolocation data. The...more
On March 21, a bipartisan group of legislators in the House of Representatives introduced a new bill, the Geolocation Privacy and Surveillance Act, which would force law enforcement to obtain a warrant to track suspects with...more
Last week, in In re National Security Letter, the United States District Court for the Northern District of California found unconstitutional two sections of the federal law allowing the FBI to issue “National Security...more
A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more
Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more
In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more
The vast increase in the use of wireless data networks has led to new legal issues regarding network users’ right to privacy. A recent opinion issued by the U.S. District Court for the District of Oregon indicates that, under...more
On February 26, 2013, the Supreme Court decided Clapper v. Amnesty International USA, which clarified the standard to establish Article III standing for claims based on impending or future harm. The Supreme Court, in a 5-4...more
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