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Articles Posted in Court Decisions

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ABA: U.S. Supreme Court Update – U.S. v. Stevens

A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust United States v. Stevens (No. 08–769) United States Supreme Court Opinion Decided: April 20, 2010 Respondent Robert Stevens, a 68 year old author and documentary producer, owned and operated a business and associated website which sold videos of pitbull fights and…

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What Should Be The Appropriate Privacy Expectations Of A Public Employee When Text Messaging On the Job?

In City of Ontario California et. al. v. Jeff Quon et. al. the U.S. Supreme Court is wrestling with the issue of whether public employees are entitled to a reasonable expectation of privacy in text messages transmitted on their workplace pages or similar devices without such messages being subject to…

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Findlaw Case Law Summaries: Criminal Law and Procedure. April 5 – April 9, 2010.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw April 5 – April 9, 2010:. U.S. 1st Circuit Court of Appeals, April 01, 2010 Chamberlin v. Town of Stoughton, No. 08-1289 In plaintiff-officers’ 42 U.S.C. section 1983 suit against a town,…

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Findlaw Case Law Summaries: Constitutional Law. April 5 – April 9, 2010.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw April 5 – April 9, 2010:. U.S. 1st Circuit Court of Appeals, April 01, 2010 Chamberlin v. Town of Stoughton, No. 08-1289 In plaintiff-officers’ 42 U.S.C. section 1983 suit against a town,…

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U.S. Appeals Court Ruling Curbs FCC Control of Net Regulation

In a unanimous 3-0 Decision last Tuesday April 6 the United States Court of Appeals for the District of Columbia Circuit ruled that the Federal Communication Commission did not have the authority to order Comcast in 2008 to cease and desist interfering with the traffic of Bit Torrent a P2P…

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Judge Finds Plaintiffs Grossly Neglignet for Lapses in Preservation and Collection of Electronic Documents

The Pension Committee of the University of Montreal Pension Plan et. al. v. Banc of America Securities et. al. 05 Civ 9016 (SAS) Judge Shira A. Scheindlin of the U.S. District Court SD New York has found the plaintiffs in the University of Montreal pension fund case to be grossly…

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Findlaw Case Law Summaries: Criminal Law and Procedure. March 29, 2010 – April 2, 2010.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw March 29, 2010 – April 2, 2010. ——————————————————————————– U.S. Supreme Court, March 30, 2010 Berghuis v. Smith, No. 08–1402 In habeas proceedings brought by an individual convicted of second degree murder by…

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U.S. Second Circuit: Enhanced Sentencing in New York for Persistent Felons Violates U.S. Constitution

Citing a series of U.S. Supreme Court rulings, including Blakely v. Washington, 542 U.S. 296 (2004), the Court of Appeals for the Second Circuit ruled on March 1 that a New York state statute that permits stiffer sentences for persistent felony offenders violates defendant’s constitutional rights. In the ruling Judge…

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