New York Law Journal | Commentary
By Bennett L. Gershman | August 25, 2022
"There is another quality in Justice Thomas's jurisprudence that needs to be noted, and which has not been sufficiently examined: the gratuitous cruelty in some of his opinions."
New York Law Journal | Analysis
By Barry Black | August 24, 2022
Near the very end of its past term, the U.S. Supreme Court rejected discrimination against religion, reversed two federal circuit courts of appeals, and issued landmark First Amendment rulings in cases at the intersection of religion and schools.
By Jason Grant | August 23, 2022
"This court would not tolerate a business owner proclaiming in the name of free speech or free expression that its business is open to whites only," wrote the bar association in a 23-page amicus brief submitted to the U.S. Supreme Court. "Nor should it tolerate a business owner communicating to the public that only one man and one woman may use its wedding services."
New York Law Journal | Analysis
By Eugene R. Barnosky and Lindsay T. Crocker | August 22, 2022
This article provides a discussion of the issues surrounding 'Kennedy v. Bremerton School District,' where, on June 27, 2022, the Supreme Court held that a high school football coach had the right, pursuant to the Free Exercise Clause, to take a knee and pray on the 50-yard line immediately after the school's football games.
New York Law Journal | Analysis
By Alton L. Abramowitz | August 16, 2022
Justice Sotomayor, writing for an undivided court, in interpreting the Hague Convention on the Civil Aspects of International Child Abduction as implemented by the International Child Abduction Remedies Act, held that a court which finds the return of a child to its country of habitual residence would expose that child to "grave risk of harm" is not then required to examine all possible "ameliorative measures" prior to denying a parent's petition for return of that child to a foreign nation.
New York Law Journal | Analysis
By Laura W. Smalley and Brian D. Ginsberg | August 16, 2022
A discussion of the aftermath of the Supreme Court's denial of certiorari in 'American Axle & Manufacturing v. Neapco Holdings,' which lets stand a controversial decision of the U.S. Court of Appeals for the Federal Circuit concerning the law of patent eligibility.
New York Law Journal | Commentary
By Daniel Kornstein | August 15, 2022
Much as we abhor 'Dobbs', one aspect of it may, surprisingly, prove useful for civil liberties. 'Dobbs' may open the door in the future to some welcome and long overdue Supreme Court course corrections.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | August 10, 2022
In 'Ciminelli' and 'Percoco', the Supreme Court will have the opportunity to further limit prosecutors' use of unduly broad interpretations of the federal fraud laws to impose their own notions of an integrity code onto state government and many other arenas beyond their proper reach.
By Andrew Denney | August 5, 2022
The decision by a Court of Appeals judge comes as defense attorneys have brought a barrage of challenges to New York's gun laws citing a recent and controversial decision by the U.S. Supreme Court.
By Brad Kutner | August 1, 2022
The brief, submitted by Paul, Weiss, Rifkind Wharton & Garrison, said race-based admissions programs ensure a more diverse learning environment.
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