By Law Journal Editorial Board | August 18, 2017
With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.
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By Steven L. Kessler | August 17, 2017
Steven L. Kessler writes that with the enactment of the Civil Asset Forfeiture Reform Act of 2000, Congress sought to steer federal prosecutors to criminal forfeiture over civil, believing that the risk of abuse would be reduced because a criminal conviction is required before a defendant's property can be forfeited. Unfortunately, it turned out that greater reliance on criminal forfeiture increased abuses in that area as well. The Roberts-led Supreme Court hinted at some dissatisfaction with the state of criminal forfeiture law in recent decisions, but the rifle shot came in its June 5 decision in 'Honeycutt v. United States'.
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By Tony Mauro | August 16, 2017
In less than a year, Michael Davis went from managing a two-lawyer firm to clerking for Justice Neil Gorsuch to screening judicial nominations for Senate Republicans. "I'm glad I did it," Davis said in a recent interview, "but it's not something that I sought.”
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By therecorder | The Recorder | August 15, 2017
9th Cir.; 11-56843 The court of appeals reversed a judgment and remanded. The court held that allegations regarding the posting of a materially false…
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By Tony Mauro | August 15, 2017
A Hogan Lovells team is asking the court to decide whether "the death penalty in and of itself violates the Eighth Amendment." A sharp drop in death sentences and executions makes capital punishment "rare and freakish," the brief contends.
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By Dixie L. Johnson and M. Alexander Koch | August 15, 2017
In reference to Kokesh, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
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By Lloyd Dunkelberger | August 9, 2017
The U.S. Army Corps of Engineers, a key player in Florida's decades-old legal fight with Georgia over water flow in the Apalachicola River, has weighed into the pending case before the U.S. Supreme Court.
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By Tony Mauro | August 9, 2017
The practice of ghostwriting briefs in opposition to a grant of certiorari has been getting some attention this summer. We took an informal poll to see how common it is for lawyers to omit their names from briefs—and to ask if the long-standing practice is ethical.
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By C. Ryan Barber | August 7, 2017
Two weeks after being ordered to reinstate a branch manager fired for raising concerns about improper sales practices, Wells Fargo & Co. has…
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By Lizzy McLellan | August 4, 2017
A Pennsylvania man who was convicted of DUI for refusing a warrantless blood test may not retroactively apply recent U.S. Supreme Court case law on that issue in order to appeal his driving suspensions, the Commonwealth Court has ruled.
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