Washington State Supreme Court Upholds Library's Internet Filtering Policy (Jun. 15, 2010) by John Cannan

The Supreme Court of Washington, in a ruling issued on May 6, 2010, has held that a library district does not violate the state's constitutional right ...

Topic: Freedom of speech
Jurisdiction: United States

Federal Appeals Court Panels Address Whether Students' Punishment for Myspace Pages Violates First Amendment Free Speech Protections (Mar. 30, 2010) by John Cannan

Two panels of the U.S. Court of Appeals for the Third Circuit issued rulings on the same day, reaching different results on whether the United States ...

Topic: Freedom of speech
Jurisdiction: United States

Ohio Supreme Court Holds Warrantless Search of Cell Phone Violates United States Constitution (Jan. 26, 2010) by John Cannan

The Ohio Supreme Court has held that the warrantless police search of a cell phone violates the Fourth Amendment of the United States Constitution.

Ohio ...

Topic: Criminal law and procedure
Jurisdiction: United States

Montana Supreme Court Holds State Law Permits Physician Assistance of Suicides by Terminally Ill Patients (Jan. 26, 2010) by John Cannan

The Montana Supreme Court has held that Montana law allows a physician to aid the suicide of terminally ill patient. With this decision, Montana joins Oregon ...

Topic: Death and dying
Jurisdiction: United States

New York Court Upholds Constitutionality of Condemnation of Private Property for Removal of Blight (Dec. 14, 2009) by John Cannan

The New York Court of Appeals, New York State's highest court, has held that a state condemnation authority can use its eminent domain power to acquire ...

Topic: Real property
Jurisdiction: United States

Appellate Court Holds Excessive Sampling of George Clinton's "Atomic Dog" Violated Copyright (Dec. 14, 2009) by John Cannan

A U.S. federal appellate court has upheld a jury verdict awarding copyright infringement damages to owners of the rights to George Clinton's 1982 classic, "Atomic Dog," ...

Topic: Intellectual property
Jurisdiction: United States

Convictions of Terrorist's Legal Team Upheld, While Sentence of Attorney Ruled Too Lenient (Dec. 14, 2009) by John Cannan

A U.S. federal appellate court has upheld the convictions of members of Sheikh Omar Ahmad Ali Abdel Rahman's legal team for passing communications between him and ...

Topic: Terrorism
Jurisdiction: United States

Appellate Court Affirms Restrictions on Federally Funded Legal Aid Organizations (Dec. 14, 2009) by John Cannan

A federal appellate court has ruled that the First Amendment to the United States Constitution permits restricting government-funded legal aid organizations from lobbying, soliciting clients, participating ...

Topic: Lawyers
Jurisdiction: United States

Arizona Supreme Court Holds Metadata Can Be Subject to Public Records Requests (Nov. 17, 2009) by John Cannan

The Supreme Court of Arizona has held that metadata "information describing the history, tracking, or management of an electronic document" can be subject to ...

Topic: Freedom of information
Jurisdiction: United States

Minnesota Supreme Court Holds That Bong Water Can Be a Controlled Substance (Nov. 13, 2009) by John Cannan

The Supreme Court of Minnesota has held that bong water can be a controlled substance under state criminal law.

A defendant was arrested on multiple ...

Topic: Narcotics and drug abuse
Jurisdiction: United States

South Dakota Court Vacates Jury Decision Because of Juror's Internet Search (Oct. 20, 2009) by John Cannan

The South Dakota Supreme Court has upheld a trial court decision to vacate a jury verdict because of a juror's Internet search regarding the defendant in ...

Topic: Civil procedure
Jurisdiction: United States

Appeals Court Holds First Amendment Protects "Repugnant" Picketing of Military Funeral (Oct. 02, 2009) by John Cannan

The United States Court of Appeals for the Fourth Circuit has held that the picketing of a military funeral by members of a church holding signs ...

Topic: Freedom of speech
Jurisdiction: United States

Federal Appeals Court Holds Election Funding Regulations for Non-Profits Violate First Amendment (Oct. 02, 2009) by John Cannan

The United States Court of Appeals for the District of Columbia Circuit has held that Federal Election Commission (FEC) regulations restricting the way non-profit organizations can ...

Topic: Elections
Jurisdiction: United States

Federal Court Rules State Law Governs NFL Players' Drug Test Results (Oct. 02, 2009) by John Cannan

A United States federal appeals court has held that National Football League (NFL) players can use state law to challenge penalties for positive tests of substances ...

Topic: Labor
Jurisdiction: United States

Appeals Court Rules Juvenile Sex Offender Retroactive Registration Requirements Violate Ex Post Facto Clause (Sep. 22, 2009) by John Cannan

In a case of first impression, the United States Court of Appeals for the Ninth Circuit has held that retroactive application of a provision of the ...

Topic: Constitutional law
Jurisdiction: United States

Federal Court Finds Connecticut Campaign Finance Reform Law Unconstitutional (Sep. 18, 2009) by John Cannan

The United States District Court for the District of Connecticut has held that Connecticut's public campaign financing program, the Citizens' Election Program (CEP), violates the First ...

Topic: Elections
Jurisdiction: United States

Police May Arrest Divorcing Spouse for Trespass on Property to Which She Had Legal Title (Aug. 21, 2009) by John Cannan

The United States Court of Appeals for the Second Circuit has held that under certain circumstances, a police officer may lawfully arrest a person for criminal ...

Topic: Family
Jurisdiction: United States

Inmate Lacked Constitutional Privacy Protections to Suppress Incriminating Statement in Letter Seized by Authorities (Aug. 20, 2009) by John Cannan

The Maryland Court of Appeals has held that a prisoner in a maximum security prison did not have a legitimate expectation of privacy to protect his ...

Topic: Right of privacy
Jurisdiction: United States

Wisconsin Supreme Court Holds Constitutional Protections for Free Exercise of Religion Preclude Age Discrimination Claim (Aug. 19, 2009) by John Cannan

The Supreme Court of Wisconsin has held that a teacher at a Catholic school cannot sue her former school for age discrimination, because the U.S. and ...

Topic: Religion
Jurisdiction: United States

Supreme Court Reaffirms Right to Reimbursement for Private Special Education (Jul. 14, 2009) by John Cannan

The Supreme Court has reaffirmed the legal right of parents to obtain reimbursement for the private education of children with learning disabilities, even when the child ...

Topic: Education
Jurisdiction: United States

Supreme Court Rules Mining Waste May Be Discharged into Alaska Lake (Jul. 14, 2009) by John Cannan

The U.S. Supreme Court recently addressed jurisdictional issues on enforcement of the Clean Water Act (CWA) by the Environmental Protection Agency (EPA) and the U.S. Army ...

Topic: Environment
Jurisdiction: United States

Supreme Court Interprets Voting Rights Act to Avoid Constitutional Review (Jul. 14, 2009) by John Cannan

The U.S. Supreme Court recently declined to consider the constitutionality of a section of the Voting Rights Act of 1965 that subjects certain state and local ...

Topic: Elections
Jurisdiction: United States

Federal Appeals Court Holds States May Restrict Handgun Ownership (Jun. 26, 2009) by John Cannan

The United States Court of Appeals for the Seventh Circuit in Chicago has ruled that the right to have handguns in one's home, recently recognized by ...

Topic: Firearms
Jurisdiction: United States

Kansas Supreme Court Holds Attorney Post-Trial Contact with Jurors Permitted (Jun. 15, 2009) by John Cannan

The Kansas Supreme Court has ruled that an attorney may interview jurors following a trial and that a trial court may recall a jury and order ...

Topic: Civil procedure
Jurisdiction: United States

Wisconsin Supreme Court Rules It Is Reversible Error for Judge's Mother to Sit on Jury (May. 08, 2009) by John Cannan

The Wisconsin Supreme Court held that it is a reversible error for the mother of the presiding judge to sit on the jury in a criminal ...

Topic: Criminal law and procedure
Jurisdiction: United States

Federal Court Rules State Secrets Privilege No Bar to Bringing Complaint (May. 08, 2009) by John Cannan

On April 28, 2009, the U.S. Court of Appeals for the Ninth Circuit ruled that the state secrets privilege, which the U.S. Government has used to ...

Topic: Executive power
Jurisdiction: United States

U.S. Supreme Court Restricts Searches of Vehicles During Arrests (May. 05, 2009) by John Cannan

The U.S. Supreme Court has held that a warrantless search of a vehicle incident to an arrest is constitutional only if the arrestee is within reaching ...

Topic: Constitutional law
Jurisdiction: United States

Pennsylvania Supreme Court Orders Juvenile Cases Handled by Corrupt Judges Expunged (Apr. 10, 2009) by John Cannan

On March 26, 2009, the Supreme Court of Pennsylvania ordered expungements of juvenile cases handled by Luzerne County Judge Mark A. Ciavarella, Jr. Ciavarella and another ...

Topic: Government ethics
Jurisdiction: United States

Maryland Court of Appeals Sets Standard for Defamation Claims Based on Anonymous Internet Postings (Mar. 19, 2009) by John Cannan

The Maryland Court of Appeals announced a standard for balancing the free speech rights of anonymous posters on the Internet and plaintiffs wishing to sue them ...

Topic: Freedom of speech
Jurisdiction: United States

Ninth Circuit Strikes Down California's Violent Video Game Law (Mar. 16, 2009) by John Cannan

The United States Court of Appeals for the Ninth Circuit has held that a California law imposing restrictions on "violent video games" violates the First and ...

Topic: Freedom of speech
Jurisdiction: United States

Privacy Lawsuit Against Google Street View Rejected (Mar. 09, 2009) by John Cannan

The U.S. District Court for the Western District of Pennsylvania has dismissed a complaint alleging that Google's Street View application invaded homeowners' privacy.

In 2007, ...

Topic: Communications and electronic information
Jurisdiction: United States

Delaware Supreme Court Holds That Same-Sex Partner Lacks Standing to Seek Child Custody (Feb. 26, 2009) by John Cannan

The Delaware Supreme Court, on February 3, 2009, rejected the claim of a woman seeking custody of a child she had helped care for while in ...

Topic: Family
Jurisdiction: United States

Oregon Supreme Court Interprets State Constitution's Requirement for Adequate Funding of Public Education (Feb. 24, 2009) by John Cannan

The Oregon Supreme Court recently ruled that the Oregon Constitution mandates funding of public education sufficient to meet quality goals, but does not give the court ...

Topic: Education
Jurisdiction: United States

Ohio Supreme Court Rules Electronic Filing Insufficient to Preserve Appeal (Feb. 24, 2009) by John Cannan

The Ohio Supreme Court has ruled that electronic filing of a notice of appeal is an insufficient method for filing an appeal, thus requiring dismissal of ...

Topic: Civil procedure
Jurisdiction: United States

Federal Civil Commitment to Extend Custody of "Sexually Dangerous" Prisoners Is Unconstitutional (Jan. 26, 2009) by John Cannan

The U.S. Court of Appeals for the Fourth Circuit ruled on January 8, 2009, that a law allowing federal authorities to keep "sexually dangerous" prisoners in ...

Topic: Constitutional law
Jurisdiction: United States

California Supreme Court Addresses Immunity of Good Samaritans for Injuries Suffered During Rescues (Jan. 16, 2009) by John Cannan

The California Supreme Court recently addressed when a "good Samaritan" rescuer is liable for injuries occurring during a rescue.

The litigation arose from a car ...

Topic: Civil liability
Jurisdiction: United States

Maryland High Court Rules Permitting Prosecution to Question Attorney-Client Communications Is Reversible Error (Dec. 15, 2008) by John Cannan

On November 12, 2008, the Maryland Court of Appeals held that a prosecutor's questioning a criminal defendant at trial regarding his communications with defense counsel is ...

Topic: Criminal law and procedure
Jurisdiction: United States

California Holds that Evidence Obtained During an Illegal Traffic Stop Need Not Be Suppressed When an Outstanding Arrest Warrant Exists (Dec. 15, 2008) by John Cannan

On November 24, 2008, the California Supreme Court held that discovery of an outstanding arrest warrant during an illegal traffic stop could overcome illegal search and ...

Topic: Criminal law and procedure
Jurisdiction: United States