Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By P.J. D'Annunzio | July 7, 2017
In a time when police activity is under increased scrutiny, the U.S. Court of Appeals for the Third Circuit has joined a growing list of federal courts that say the recording of police officers in public is protected by the First Amendment.
By Cogan Schneier | July 5, 2017
A federal judge may decide by Friday whether to block President Donald Trump's newly created voting commission from asking states to hand over voters' personal data.
By Associated Press | June 30, 2017
The state of New York won't hand over identifying information about its voters to President Donald Trump's commission investigating voter fraud, Democratic Gov. Andrew Cuomo announced Friday.
By Peter A. Crusco | June 26, 2017
In his Cyber Crime column, Peter A. Crusco discusses implications of the recent Second Circuit decision in 'Ulbricht', in which Internet routing data was obtained via pen register. The evidence provided a key link connecting defendant's online activity to a massive Bitcoin criminal enterprise scheme that thrived through a website called Silk Road. 'Ulbricht' is example of why courts proceed with care when considering changes, however slight, to the Fourth Amendment's concept of privacy expectations in communications and records in the digital age.
By Andrew Denney | June 22, 2017
The Second Department agreed that Attorney General Eric Schneiderman has a compelling interest to prevent practicing medicine without a license or other fraudulent or illegal acts, but said that the subpoenas needed to be more narrowly tailored to avoid infringing on the right of freedom of association of a group that runs anti-abortion medical centers.
By Edward M. Spiro and Judith L. Mogul | June 19, 2017
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Although a party or witness in civil litigation may invoke the Fifth Amendment, such invocation often comes at a high price, because, in contrast to the criminal context, the finder of fact in a civil case may draw an adverse inference against the party or witness who declines to provide evidence based on the Fifth Amendment privilege against self-incrimination. Recent decisions from the Southern District address when and how the Fifth Amendment can be invoked in civil litigation, and the ramifications to litigants when parties and non-party witnesses avail themselves of that privilege.
By Tony Mauro | June 19, 2017
In a unanimous decision written by Justice Anthony Kennedy, the court made numerous references to the importance of social media as a source of news and a forum for the exchange of views.
By Marcia Coyle | June 14, 2017
Lower courts don't offer much guidance on how to resolve clashes between presidential speech and the U.S. Justice Department's litigation positions, Kate Shaw of Yeshiva University Cardozo School of Law found in a forthcoming article. In "Beyond the Bully Pulpit: Presidential Speech in the Courts," Shaw undertook what she called "the first systematic examination of presidential speech in the courts." Shaw talks about her review in this Q&A with senior Washington correspondent Marcia Coyle.
By Rebecca Baker | June 6, 2017
Tough zoning rules for adult establishments in New York City do not violate the constitutional rights of affected businesses, the state's highest court ruled Tuesday.
By Marcia Coyle | June 5, 2017
The employee retirement plans of religious-affiliated nonprofits are exempt from the protections and requirements of the federal pension law, a unanimous U.S. Supreme Court ruled on Monday. The decision was a blow to multimillion-dollar class actions that seek to hold those plans liable for violating the federal law.
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