NY Court Lets Dog Owners Off the Hook For Dogs Running Off the Leash

NY has long held that dog owners cannot be held liable for injuries caused by their domestic animals unless the injured party could prove that the owners were aware of the animal’s vicious propensities “Vicious propensities” did not mean you had to show they were necessarily aggressive or likely to bite, just that the owner […]

Constitutional Law Criminal Law

NY Court: Low Level Sex Offenders Can Live Near Schools

The Court of Appeals, New York’s highest court, ruled yesterday that Nassau County and other localities don’t have the authority to restrict where convicted sex offenders can live. The Court voted 5-0 to strike down a 2006 Nassau County law that banned convicted sex offenders from living within 1,000 feet of a school; the Court […]

Constitutional Law Criminal Law Litigation

Shackling Case Shows Limits of Constitution

As many of my law students and criminal defense clients can attest, one of my favorite phrases is “The Constitution is overrated.” That does not mean that I don’t have the utmost respect for the founding document of our democracy – I certainly do. What I mean is that folks should not expect that the […]