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Stanford Swimmer Case And Baylor Athletics Report Return Focus To Title IX And Campus Sex Assault

The light criminal sentence meted out to former Stanford swimmer Brock Turner, coupled with a scathing independent report about the way Baylor University purportedly responded to claims of sex misconduct in general and sex...more

June 2016: Trial Practice Update

Jury Selection—Batson v. Kentucky Is Alive and Well. Last month the United States Supreme Court issued its long-awaited decision in Foster v. Chatman, 578 U.S. (2016), reaffirming its 30-year-old decision in Batson v....more

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

Ask the Health Law Gurus™: Can a Prison Forcibly Medicate an Inmate with a Psychotropic Drug against the Inmate’s Will?

Question: Can a Pennsylvania prison forcibly administer a psychotropic medication to an inmate against the inmate’s will? Answer: In Pennsylvania, a prison’s ability to forcibly medicate an inmate with a psychotropic...more

If I could turn back prosecutorial time...

The case of R v AIL, GH and RH, one of the first the Court of Appeal has considered in 2016, is an interesting one from the perspective of all white-collar crime practitioners. The Court of Appeal had to consider whether it...more

The Supreme Court - June 2016

The Supreme Court of the United States issued decisions in two cases on June 6, 2016: Simmons v. Himmelreich, No. 15-109: Respondent Walter Himmelreich, an inmate at a federal prison, brought two suits against prison...more

Supreme Court Decides Foster v. Chatman

On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

The Supreme Court - March 2016 #6

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

Lawsuits Continue Against Central Virginia Regional Jail

Two federal lawsuits are proceeding against the Central Virginia Regional Jail for civil rights violations of inmates. One case is brought by the mother of an inmate who died in CVRJ custody allegedly due to lack of medical...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: an overview of amicus briefs in the Apple case; the arrest of a...more

Court in Bloody Sunday case applies “necessity” threshold for lawful arrest

In B, N, O, Q, R, U, V (Former Soldiers) v The Chief Constable of the Police Service of Northern Ireland [2015] EWHC 3691 (Admin), Lord Thomas provided helpful clarification on the court’s interpretation of legislation...more

FERNANDO VILLA vs. THE STATE OF FLORIDA

DUI conviction of former Miami-Dade police officer reversed on appeal

On Appeal, the Circuit Court in and for Miami-Dade County reverses DUI conviction of former Miami-Dade Police Officer and remands a re-trial. MIAMI – Dec. 31, 2015 — An appellate panel of three judges in the Eleventh...more

Employment Law Navigator – Week in Review: December 22, 2015 #3

Last week, a federal judge in the Central District of California made big news when he found that “claims of sexual orientation discrimination are gender stereotype or sex discrimination” prohibited by Title VII of the Civil...more

What to Do When You Are Served With a Search Warrant

Most business executives and officers lack the training and preparation to deal effectively with a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of...more

U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases

The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to...more

Out of Bounds: Title IX, Off-Campus Conduct, and Yeasin V. University of Kansas

The Kansas Court of Appeals’ decision in Yeasin v. University of Kansas, stands for the proposition that educational institutions must act with both precision and foresight when delineating their disciplinary authority. Of...more

Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?

The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments,...more

Cities Left on Their Own in Gun Control Ordinances … For Now

The United States Supreme Court recently declined review of a lower court decision upholding a City of Highland Park, Ill. ordinance banning the sale and possession of semiautomatic guns that carry more than 10 rounds of...more

When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?

In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the...more

The Connecticut Supreme Court, the U.S. Supreme Court and Pope Francis all address the death penalty

Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven...more

"Fair Is Foul and Foul Is Fair" - NYC Employers Gird for Fair Chance Act

Things or people are not as they always appear to be. That message pervades not only Shakespeare’s Macbeth but also New York City’s Fair Chance Act (FCA), which is scheduled to go into effect next week (on October 27) and is...more

Court Denies Spoliation Motion, Stating that Sanctions would not Alter Case Outcome (New York)

Deanda v. Hicks, 2015 WL 5730345 (S.D.N.Y. Sept. 30, 2015)- In this constitutional rights violation case, the plaintiff claimed that the defendant intentionally engaged in the spoliation of audio and video tapes...more

Supreme Court Update: Maryland V. Kulbicki (14-848) And Order List

… und willkommen zurück! Oktober Term 2015 kicks off today with argument in OBB Personenverkehr AG v. Sachs (13-1067), a case which explores the contours of the commercial-activity exception to the Foreign Sovereign...more

Africa Update - September 2015 #5

Leading the News - Burkina Faso: On September 25th, the United Nations (U.N.) Security Council issued a statement welcoming the reinstatement of President Michel Kafando and the transitional authorities of Burkina...more

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