Insights
Fernandez v. California: The Fourth Amendment and Consent Searches
On Tuesday the Supreme Court decided Fernandez v. California (opinion here), which reassessed the government's right to search jointly occupied premises based on one of the occupant's consent. Government agents are generally required to obtain a warrant prior to...
Collateral Consequences of a Criminal Conviction
Attorney General Eric Holder made news this week when he urged states to repeal laws that prohibit felons from voting (the NYT's story is here). In addition to the civil rights issue that he raised, it is an important reminder that criminal convictions often have...
Congress and Sexual Assault Prosecutions in the Military
Sen. Kirsten Gillibrand, D-N.Y., is continuing her push to remove military commanders from their role in the prosecution of military sexual assault cases. In the latest news, covered here, she is fighting back against a recent report that recommended commanders keep...
Liberty and the “No Fly List”
Last week, U.S. District Judge Anthony Trenga rejected the government's summary judgment motion and allowed a Virginia man's legal challenge to the No Fly List to continue in the Eastern District of Virginia. The plaintiff believes that he is on the No Fly List, and...
When the U.S. is not the U.S.
In an interesting ruling, a New York federal judge ruled that "[f]ormer SAC Capital Advisors portfolio manager Mathew Martoma cannot introduce excerpts from a deposition of his former boss, billionaire Steven A. Cohen, in his defense against criminal insider trading...
District Judge in SDNY Rules NSA Program Constitutional
Judge Pauley of the Southern District of New York ruled yesterday that the NSA's bulk metadata collection of telephony records is constitutional. The opinion is here. In a significant win for the Government--particularly on the heels of Judge Leon's opinion,...
NSA Spy Program Ruled Unconstitutional
In a significant and surprising ruling today, D.C. District Judge Richard Leon ruled that NSA's program that collects information on nearly all phone calls in the United States is unconstitutional. Judge Leon ruled that the program likely violates the Fourth...
Virginia Proposal to Allow Military-Spouse Attorneys Provisional Admission
Virginia recently proposed Rule 1A:8 to allow military-spouse attorneys to earn provisional admission to the Virginia bar. The proposal does not include the specific requirements and restrictions that will likely accompany such a rule, but, if it is passed, it will...
