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
By Peter A. Crusco | August 21, 2017
In his Cyber Crime column, Peter A. Crusco writes: Although Internet-based crime has grown exponentially, and the opportunity for conflict and cross-over among the various impacted sovereignties and their investigative and prosecutorial agencies exists, the courts' application of well established legal rules prevent unwarranted successive criminal prosecutions for the same criminal transactions unless established legal exceptions apply.
By Michael Rikon | August 21, 2017
Condemnation and Tax Certiorari columnist Michael Rikon analyzes the Supreme Court's decision agreeing with the state's holding that two lots adjacent to the St. Croix River should be considered as one parcel for a regulatory takings analysis, a holding that unfortunately creates a vague multifactor balancing test.
By newyorklawjournal | New York Law Journal | August 18, 2017
Real Estate Agency Denied Dismissal of Code Violation; Statute Found Constitutional
By David Ruiz | August 16, 2017
A small group of tech companies are legally protected, for the most part, in their decisions to kick users off their platforms for privately and publicly espousing white supremacy.
By Christine Simmons | August 15, 2017
In the midst of what some see as an uptick in libel cases, five attorneys involved in major defamation and First Amendment matters moved their practice this month from Levine Sullivan Koch & Schulz to Davis Wright Tremaine, including New York partners Katherine Bolger and Rachel Strom and Washington, D.C., partner Nathan Siegel.
By B. Colby Hamilton | August 14, 2017
Attorneys for the U.S. Department of Justice said a preliminary injunction to force President Donald Trump to unblock a group of plaintiffs on Twitter would "send the First Amendment deep into uncharted waters," according to a letter filed Aug. 11 .
By Barry Kamins | August 4, 2017
Criminal Law and Procedure columnist Barry Kamins reviews the new best practices for identification procedures by witnesses, which reflect the results of substantial scientific research in the area of memory, perception and recall.
By Jed I. Bergman and Cynthia M. Jordano | August 3, 2017
Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants. To support drawing such adverse inferences, a plaintiff must satisfy three prerequisites. First, there must be independent evidence corroborating the inference. Second, the plaintiff must persuade the court to impute that inference to the corporate defendant. Third, the probative value of the inference must outweigh any unfair prejudice.
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