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SCC Recognizes a Lawyer’s Duty of Commitment to the Client’s Cause

In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause. In Canada (Attorney General) v Federation of...more

How the Rise in Undercover Investigations is Changing the Law  [Video]

Jan. 19, 2015 (Mimesis Law) -- Robert Blecker, professor of law at New York Law, talks with Lee Pacchia about the dramatic rise in undercover investigations and their effect on the legal defense of entrapment....more

Supreme Court Update: Jennings V. Stephens And Order List

Greetings, Court fans! We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more

A Moment of Simple Justice - A Prosecutor's Duty [Video]

Jan. 12, 2015 (Mimesis Law) -- Did District Attorneys Robert McCulloch and Daniel Donovan fulfill their ethical duties in the cases of Michael Brown and Eric Garner?...more

Supreme Court Update: Dart Cherokee Basin Operating Co. V. Owens (13-719) And Heien V. North Carolina (13-604)

Greetings, Court fans Long before he became Chief, John Roberts quipped that "[o]nly Supreme Court justices and schoolchildren are expected to and do take the entire summer off." Right now, the Justices are in the midst...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

High Price Paid for Errors in Disclosure: Court of Appeal Permits use of Inadvertently Disclosed Privileged Documents

In Rawlinson and Hunter Trustees S.A. & ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129, 31 July 2014, the Court of Appeal held that the inadvertent disclosure of a privileged document must be an obvious...more

The Crisis of New Jersey Courts and the Challenge to Judicial Recall

At the very core of judicial independence is the notion that courts and judges decide matters in accordance with the evidence and legal precedent, independent from political power or outside controls. The question of whether...more

Supreme Court Update: Carroll V. Carman (14-212), Johnson V. City Of Shelby (13-1318) And Order List

Greetings, Court fans! We're back with decisions two and three of OT14 (did you already forget about Lopez v. Smith?) as well as last week's news of cert petitions granted and likely to be granted. Police officers...more

The Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts

Recognizing that the “right to effective assistance of counsel is a core value” or our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter...more

The Police Have The Right To Remain Silent Too: The Supreme Court Rules On The Disclosure Of Police Reports Under The FOIA

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

$30, Four Opinions, and No Decision: The Province and Duty to Say What the Law Probably Is

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

Illinois Supreme Court Debates Automatic Revocation of Certain Health Professionals' Licenses

Our reports on the oral arguments of the May term of the Illinois Supreme Court conclude this morning with Consiglio v. Department of Financial and Professional Regulation. Consiglio involves a constitutional challenge to...more

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

Argument Report: Illinois Supreme Court Appears Skeptical of Due Process Challenge to Liquor License Revocation

The Illinois Supreme Court appeared skeptical of a due process challenge to revocation of a liquor license during the recent oral argument in WISAM 1, d/b/a Sheridan Liquors v. Illinois Liquor Control Commission. ...more

New York’s Shield Law Follows New York Reporters Wherever They May Roam

On Dec. 10, 2013, the New York Court of Appeals resoundingly reaffirmed the important public policy underlying the New York statutory scheme that allows New York journalists to preserve the anonymity of their confidential...more

After Matarraz v. State, Florida Supreme Court Makes Juror Rehabilitation As To Bias Based On “Unfortunate Past Life Experience”...

In Matarranz v. State, So. 3d, 2013 WL 5355117 (Fla. Sept. 26, 2013), the Florida Supreme Court announced a dramatic change that will have a practical effect on jury selection in Florida. After Matarranz, a prospective juror...more

New California Law Protects Journalist’ Records Held By Third Parties

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

Ethical Issues That Arise From Social Media Use In Courtrooms

With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the...more

Has Katz Become Quaint? Use Of Big Data To Outflank The Fourth Amendment

Introduction - On December 14, 2010, a federal court, upon a government motion, entered an order pursuant to the Stored Communications Act (SCA) requiring Twitter to turn over to the government subscriber information...more

State of Alabama v. Carlos Edward Kennedy

ORDER REGARDING ELECTRONIC DEVICES AND CONTACT WITH JURORS, POTENTIAL JURORS AND WITNESSES

The trend around the nation is for judges to ban the use of laptops, I-Phones, Blackberries and other electronic devices whether used by reporters or the public to report on the trial. This Order allows their use in the 13th...more

Counties in California Can Learn a Few Lessons from State on Inmate Health Care - BB&K Health Care Attorney Shares Tips on...

Inmates in the Riverside County jails served a federal class-action lawsuit last month, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. A...more

Weekly Law Resume - March 21, 2013: Ninth Circuit Holds that Jurisdiction Exists as to Homeless Individuals’ Eighth Amendment...

Bell, et al. v. City of Boise, et al. United States Court of Appeals for the Ninth Circuit March 7, 2013 Plaintiffs in this case are seven individuals who either are or have been homeless in Boise. They have all...more

Eleventh Circuit Court of Appeals Sustains Required Records Exception to the Fifth Amendment

On February 7, 2013, the U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the U.S. District Court for the Northern District of Georgia holding that the Required Records Exception overrides a...more

February 2013: Trial Practice Update

In This Issue: Court Rules Jury Voir Dire Must Be Public and Deprivation of Rebuttal Summation Leads to Reversal....more

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