Religious Clubs at Public Universities Can’t Exclude Non-Believers

Another 5-4 close one.  Who needs the World Cup when you got Supreme Court justices brawling it out over the Constitution? (OK, I do, also). Anyway, in another contentious split decision, the left side gets a rare win as “Swing Man” Kennedy joins Judge Ginsburg’s opinion in Christian Legal Society v. Martinez, decided yesterday.  Quick [...]

Supreme Court Opens The Door to Undo Gun Laws

Last Year, the Supremes decided District of Columbia v. Heller.  That case overturned years of prior Supreme Court rulings that said States were allowed to restrict handgun use more than the federal government because the 2nd Amendment really only applied to the Federal Government and not each State. Heller said instead that the 2nd Amendment [...]

Supreme Court Does Not Settle Issue Over Privacy of Work Emails and Texts

We all do it.  We send personal messages via text and email from our work computers, cell phones, blackberries, etc.  Like the “personal phone call”  employers usually don’t mind except when the privilege gets abused.  But unlike the personal phone call, the email or text does not go away.  It stays forever lodged on your [...]

One Blood Sport Approved While Another is Curtailed by NY Senate

So the NY State Senate was busy today.  It approved Mixed Martial Arts (MMA) fighting in NY state and also approved No-fault Divorce.  It would have been nice if they also agreed on our long-overdue budget but , Hey you can only ask for so much.  From my point of view both of these were [...]

Caution: Your Website Images May Be Illegal!

One of the other websites I am associated with   extortionletterinfo.com,  is devoted to the issue of digital imagery on the web and the copyright attached to them.  A number of the world’s largest digital image warehouses, notably Getty Images, Masterfile and Corbis, have begun asserting claims for images controlled by them and used by [...]

Why Prosecutors Rarely Lose

Here’s a dirty little secret from the courtroom that will probably upset my friends in the criminal defense bar  – prosecutors rarely lose.  Area DA’s offices all boast conviction rates well above 90%. So why is it? It can’t be that they employ better lawyers, after all most of the assistant district attorneys are barely [...]

Expectation of Privacy Dying a Slow Death and Our Rights Will Go With It

Social media; YouTube; “reality” television and digital imagery and video have all made for one of the most public and open societies in history.  When starlets want to boost their Google search trends, they just need to release a sex tape. A sex tape! (See, e.g., Kim Kardashian, Pamela Anderson, Kendra Wilkinson). Now I hate [...]

Do Unpaid Internships Violate Federal Wage Laws?

As the father of a college student, I am well aware of the importance of and difficulty in obtaining a well-placed internship.  Luckily, my son ended up getting a paid position but many students find themselves accepting positions that pay either nothing or well below the minimum wage.  So, is that legal, their parents ask [...]

Elena Kagan Needs to Read Justice Souter’s Speech to Harvard Law

I know its a nice sunny summer afternoon and no one wants to work their brains too hard, but someone just sent me the text of a speech retired  Supreme Court Justice David Souter gave to the graduating class of Harvard Law a few days ago and while he didn’t mention Supreme Court nominee Elena [...]

Idiot fake pimp in “Acorn Hoax” Arrested for Phone Tampering. We Have to Get Back to Real News!

How many of us remember the Pimp/Prostitute Hoax that brought down ACORN, a low-income advocacy group? Not too many I would imagine.  Here is a quick recap: Acorn, which stands for Association of Community Organizations for Reform Now, was created in 1970 and has fought for liberal causes like raising the minimum wage, registering the [...]