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Appeals Posts
Court Reins In Prosecutorial Overreach in Insider Trading Cases
Feb 25, 2015
Court Reins In Prosecutorial Overreach in Insider Trading Cases
In an effort to reinstate powers stripped from them by the Court of Appeals in U.S. v. Newman and Chiasson, prosecutors have sought a rehearing of the landmark Second Circuit decision which severely curtailed the scope of insider trading cases. The case is one which has already seen a dramatic reversal, so it is perhaps…
The Crisis of New Jersey Courts and the Challenge to Judicial Recall
Nov 25, 2014
The Crisis of New Jersey Courts and the Challenge to Judicial Recall
At the very core of judicial independence is the notion that courts and judges decide matters in accordance with the evidence and legal precedent, independent from political power or outside controls. The question of whether a bipartisan and independent judiciary is still alive and well in New Jersey has been called into question recently, as…
The Road to True Threats is Paved with Intimidating Intentions
Sep 24, 2014
The Road to True Threats is Paved with Intimidating Intentions
Recently, the Tenth Circuit Court of Appeals considered the dividing line between free speech guarantees and the state’s authority to criminalize threat speech. In United States v. Heineman, the court held that the government must prove specific intent in true-threat cases: to obtain a conviction, prosecutors must prove not just that the defendant intended to…
A New Remedy for Online Defamation
Sep 12, 2014
A New Remedy for Online Defamation
In the United States it is enormously difficult to remove allegedly defamatory information from the internet. A victim can take the expensive and time-consuming step of suing the author for defamation in court. However, even if a court rules that the statement is defamatory—that is, that the published statement is false and harmful to the…
DC Bans the Box
Aug 14, 2014
DC Bans the Box
  MLive.com Graphic Criminal defendants face a wide range of consequences for their alleged actions. The high emotional and financial cost of defending a case may pale in comparison to the personal toll resulting from a conviction and the associated direct consequences including fines, penalties, remuneration, and incarceration. For most offenders, however, the longest-lasting…
NY Legalizing Medical Marijuana with the Compassionate Care Act
Jul 11, 2014
NY Legalizing Medical Marijuana with the Compassionate Care Act
Severely ill patients in New York State are celebrating Gov. Andrew Cuomo’s signature of a bill that legalized medical marijuana in New York for many severely ill patients[1]. As noted by Assembly Speaker Silver in his remarks, “With this agreement, we are assuring access to that much-needed relief while ensuring the tightest possible regulation and…
U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy
Jul 2, 2014
U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy
The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of privacy rights: the court held that cell site location information is within the cell phone subscriber’s reasonable expectation of privacy. If…
Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.
Jun 26, 2014
Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.
Will cops still get access to cell phone data post arrest? You bet. Today’s Supreme Court decision just means they need to get permission from a judge before they start searching who you have been texting. And odds are very good, that permission will be granted. In a unanimous decision authored by Chief Justice Roberts,…
Supreme Court Denies Cert. in New Jersey Sports Betting Case
Jun 23, 2014
Supreme Court Denies Cert. in New Jersey Sports Betting Case
Today, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law. This ends a three year fight to bring sports betting to New Jersey’s casinos and racetracks, but NJ State Senator Raymond Lesniak, who has spearheaded efforts…
Supreme Court Expands Whistleblower Protection
Mar 17, 2014
Supreme Court Expands Whistleblower Protection
The U.S. Supreme Court recently held that Sarbanes–Oxley extends whistleblower protection, not just to employees of public companies, but to employees of private contractors and subcontractors that serve public companies. In a 6-3 decision, the Court rejected the First Circuit’s narrow construction of the statute in favor of the Labor Department’s more expansive interpretation. Now…
