Constitutional Law

  • New York Law Journal

    Sex and the Constitution: Sex, Religion and Law From America's Origins to the Twenty-First Century

    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.

  • New York Law Journal

    Data Shielding Methods Attracting Court Attention

    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

  • New York Law Journal

    Beyond Borders: Competing Sovereigns and Double Jeopardy

    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.

  • New York Law Journal

    More on 'Murr v. Wisconsin'

    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.

  • New York Law Journal

    The People v. Sieger Agency Inc.

    By newyorklawjournal | New York Law Journal | August 18, 2017

    Real Estate Agency Denied Dismissal of Code Violation; Statute Found Constitutional

  • Corporate Counsel

    Little Legal Recourse for Supremacists Booted Off Tech Platforms, Experts Say

    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.

  • New York Law Journal

    Davis Wright Beefs Up First Amendment Group Amid 'Fake News' Attacks

    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.

  • New York Law Journal

    'Uncharted Waters' for First Amendment in Trump Twitter Suit?

    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 .

  • New York Law Journal

    Expanding the 'Wade' Hearing: New Police Identification Protocols

    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.

  • New York Law Journal

    Drawing Fifth Amendment Adverse Inferences Against Corporate Defendants

    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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