Tag Archive: right to remain silent

Mar 30 2012

Louis Vuitton Wins Big in Knock-Off Case That Awarded Attorney’s Fees On Top of Statutory Damages

Famed handbag maker and design house stalwart Louis Vuitton won a major victory yesterday in the Second Circuit, the Federal Appeals court covering cases arising out of New York, Connecticut and Vermont. In a potentially game-changing decision, Louis Vuitton Malletier, S.A. v. LY, USA Inc. et al , the court settled an unclear issue in …

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Jul 17 2010

Loose Lips Sink Lawyer

Lynne Stewart was a well-known combative defense lawyer when she was convicted of aiding terrorism by allowing a supposed interpreter exchange messages with her client, a convicted terrorist cleric. The judge’s original sentence of 28-months was considered a strong sentence.  Certainly more than enough for the 60plus year old attorney to have gotten a stern …

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Jun 08 2010

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 …

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Jun 01 2010

Supremes Decide that Remaining Silent is Not Choosing to Remain Silent

Today in Berghuis v. Thompkins, a 5-4 court (of course) watered down the Miranda decision on its way no doubt to making it virtually ineffective.  Justice Anthony “Swing Vote” Kennedy (the most important person in American Jurisprudence right now) wrote the opinion for the Court. The Court for the first time decided two things about …

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