Constitutional Law

Big-ticket state and federal trial, appellate and Supreme Court litigation focused on business challenges to agency rules and regulations

  • Daily Report Online

    McIver's Lawyers Accuse Prosecutors of Withholding Evidence

    By R. Robin McDonald | June 20, 2017

    Attorneys for Atlanta attorney Claud "Tex" McIver have accused Fulton County prosecutors of intentionally withholding exculpatory evidence generated by Atlanta police that would belie the murder charges currently pending against McIver in an emergency motion filed in Fulton County Superior Court on Monday.

    1 minute read

  • Daily Report Online

    Federal Judge Finds City of Calhoun's Misdemeanor Bond Policy Remains Unconstitutional

    By R. Robin McDonald | June 20, 2017

    For the second time, a federal judge in Georgia has labeled as unconstitutional a North Georgia city's misdemeanor bail policy that allowed defendants…

    1 minute read

  • The Legal Intelligencer

    Diocese, Parishes Can't Escape Sexual Harassment Suit

    By Zack Needles | June 20, 2017

    A federal magistrate judge in Erie has allowed a Title VII sexual harassment case to proceed against the Roman Catholic Diocese of Erie and two of its parishes, ruling that discovery is needed to determine whether the three entities together constitute a "single employer" for the purposes of the litigation.

    1 minute read

  • The Recorder

    Op-Ed: Will the Ninth Circuit Rein in What Might Be 'the Most Important Lawsuit on the Planet'?

    By Andrew R. Varcoe | June 20, 2017

    Does the U.S. Constitution guarantee a right to be secure against climate change? And do the President and his officers have a legal duty—enforceable by a federal district judge—to pursue and implement an effective strategy to fight climate change? These, to say the least, are cutting-edge questions. And the Ninth Circuit—which remains one of the most important environmental-law courts in the country—may be deciding them very soon.

    1 minute read

  • Texas Lawyer

    Gerrymandering Trial Looms in Texas as SCOTUS Takes on Redistricting

    By Miriam Rozen | June 19, 2017

    Don't expect new voting district boundaries to be drawn in time for the mid-term elections, despite the U.S. Supreme Court's agreement Monday to consider the constitutionality of extreme partisan redistricting&and despite a quickly-approaching trial on the drawing of congressional maps in Texas.

    1 minute read

  • The Recorder

    Packingham v. North Carolina

    By therecorder | The Recorder | June 19, 2017

    U.S. Sup. Ct.; 15-1194 North Carolina law makes it a felony for a registered sex offender “to access a commercial social networking Web site where…

    1 minute read

  • Daily Report Online

    U.S. Supreme Court Rules for Alabama Death Row Inmate Over Mental Health Access in Trial

    By R. Robin McDonald | June 19, 2017

    In an Alabama case championed by the Southern Center for Human Rights in Atlanta, the U.S. Supreme Court on Monday ruled 5-4 that an Alabama Death Row inmate was denied his right to consult with a mental health experts in his 1986 capital murder trial.

    1 minute read

  • New Jersey Law Journal

    Return of State Court 'Statutory' Class Actions

    By Matthew F. Gately | June 19, 2017

    When Spokeo v. Robins is properly understood as a jurisdictional decision, it becomes clear that it will not, as some have predicted, spell the demise of an entire category of class actions. Instead, it will simply shift the adjudication of those cases to state court.

    1 minute read

  • New York Law Journal

    Hurdles and Consequences to Asserting the Fifth Amendment in Civil Litigation

    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.

    1 minute read

  • National Law Journal

    In First-of-Its-Kind Ruling, SCOTUS Strikes Down Law Barring Social Media Use by Sex Offenders

    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.

    1 minute read

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