Categories
Constitutional Law

SCOTUS Dodges Issue of Removing Undocumented Immigrants from Census

The Supreme Court has dismissed as premature a challenge to President Trump’s plan to exclude people living in the country without legal documents from the Census’ population count, used to allot states seats in the House of Representatives. The six conservative judges on the Court said that until action is actually taken and people are […]

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Entertainment Law

Justice for Jim Thorpe is Long Past Due

There is a movement afoot to correct a century-plus wrong in the sports world. Jim Thorpe, the world’s greatest athlete at the time and a Native American, was stripped of his gold medals in the 1912 Olympics in the decathalon and pentathlon. At the time, those two events were considered the most important in the […]

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Intellectual Property Litigation

NY Law on Auto-Renewal: Helpful or Litigation Breeder?

Many States have passed legislation aiming to regulate websites that offer auto-renewal subscriptions or auto-renew purchase plans with mixed success. NY has decided to jump into the fray with an Auto Renewal Law (ARL) that will go in effect on February 1 2021. Key points under the new law: Businesses must generally: Present the material […]

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Constitutional Law Criminal Law

Texas Indictment of Netflix Over “Cuties” Violates First Amendment, Denigrates Art

There is much wrong with a Texas County deciding to indict Netflix for its distribution of the French film Cuties. First about the movie – Netflix released “Cuties,” originally titled “Mignonnes,” last month to strong national reaction. The French-language film centers on 11-year-old Amy, a Senegalese immigrant, who becomes a member of a dance group dubbed the “Cuties.” […]

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Employment Law

NY’s New Permanent Paid Sick Leave Now in Effect

This article highlights some of the main points and impact of the recently enacted New York State Sick Leave Law (NYSSL). Even though it went into effect officially on 9/30/20, employees can use any of its protections until 1/1/21. Let’s do a Top Fifteen Items to Know (with subparts so, like, really its a top […]

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Criminal Law

Fed Judge Rips DOJ After Brady Violations Cause Dismissal of Criminal Case

Yesterday Judge Alison Nathan of the Southern District of New York, issued a scathing decision calling for an investigation in procedures and systems in the US Attorney’s office for the Southern District of New York. The basis for the judge’s opinion was the dismissal of the criminal case and conviction in US v. Ali Sadr […]

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Employment Law

Payroll Tax Order Causes More Problems Than It Solves

This past Saturday, from the golf course, President Trump signed an executive order touted as a relief to employees from payroll tax. The order relieves employers from collecting the employees’ share of payroll tax. But issued without any guidance from the Treasury Department or the IRS, it raises many more issues than it purports to […]

Categories
Constitutional Law

Fed Judge Grants Qualified Immunity But Writes Powerful Decision Against It

Federal Judge Carlton Reeves, of the Southern District of Mississippi, ruled that the doctrine of qualified immunity meant that a white police officer could not be sued for racially profiling and then terrorizing an innocent black man on the side of the road. Judge Reeves ruled that the law required the dismissal of the case […]

Categories
Entertainment Law Litigation

Joy Reid Loses Libel Suit but Big Loser Will Be Media

Prominent MSNBC anchor Joy Reid lost a big appellate decision that will shape the rules of many cases involving free speech. Fighting this case made no sense and in the end it dealt a large blow to protections long relied upon by the media. Last week, the Second Circuit Court of Appeals reinstated libel claims from […]