By Anthony S. Guardino | September 26, 2017
In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how, after more than two decades, litigation over New York City's efforts to use its zoning powers to regulate adult bookstores and adult eating or drinking establishments appears to be over.
By Marcia Coyle and Mike Scarcella | September 20, 2017
The U.S. Supreme Court's fall term begins on Oct. 2. Noel Francisco, newly confirmed as U.S. solicitor general, has just days to prepare. Of course, it's likely Francisco, formerly a top appellate lawyer at Jones Day, hasn't been thinking about the cases and issues that the justices will confront—and he will argue—this term. Here's a snapshot of things to know about Francisco and matters on his plate as he prepares to step up to the lectern at the high court.
By newyorklawjournal | New York Law Journal | September 15, 2017
Prosecutors Enjoyed 11th Amendment And Absolute Immunity Against §1983 Claims
By Barry Black and John B. Madden explore "Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos," where the court upheld the validity of a statutory exception to the prohibition against discrimination on the basis of religion contained in Title VII of the Civil Rights Act of 1964, and further discuss other examples of the law's special treatment of religious institutions and clergy members. | September 13, 2017
Thirty years ago, in Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327 (1987), the U.S. Supreme…
By William M. Pinzler | September 12, 2017
William M. Pinzler discusses "Masterpiece Cakeshop and Jack Phillips v. Colorado Civil Rights Commission and Craig and Mullins," a case the Supreme Court has granted certiorari which presents the question of whether applying Colorado's public accommodations law to compel a "cake artist" (a baker) to prepare a cake in honor of a customer's gay wedding violates his "sincerely held religious beliefs" about gay marriage and thus violates the Free Speech or Free Exercise clause of the First Amendment.
By Josefa Velasquez and B. Colby Hamilton | September 6, 2017
New York's AG and 15 other states and D.C. filed a federal lawsuit in the Eastern District of New York alleging the Trump administration's undoing of the Deferred Action for Childhood Arrivals executive action violates constitutional protections.
By Andrew Denney | August 31, 2017
The settlement was reached as attorneys from the ACLU and other groups representing those affected by both travel bans prepare to clash with government attorneys before the U.S. Supreme Court for oral arguments over a revised travel ban released in March.
By Martin Flumenbaum and Brad S. Karp | August 29, 2017
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze a recent case where the court wrestled with the modern world's reliance on foreign governments to help investigate and develop cases but declined to allow the government's investigatory needs to outweigh defendants' constitutional rights.
By Reviewed by Jeffrey Winn | August 29, 2017
As America's endless culture wars fester, Prof. Geoffrey R. Stone of the University of Chicago Law School has published a powerful history of the constitutional battles over sexual expression, reproductive freedom, and sexual preference.
By Stephen Treglia | August 28, 2017
In his E-Communications column, Stephen Treglia writes: Data-protection methodology has been with humans for thousands of years, but only recently has it increasingly become a ubiquitous part of our technology-driven lives. Inevitably, legal issues have begun to arise regarding this form of technology. Least surprising, search-and-seizure issues regarding law enforcement's attempts to circumvent data-protection methods are at the forefront. The first-half of 2017 has produced some interesting results and court analyses
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