Our readers who have been keeping up with the 2nd Amendment incorporation updates we have been postingwill find this news from the Volokh Conspiracy interesting. Link to the court's decision Update 3:31 PM: Eugene Volokh just posted about the 9th Circuit Panel's decision's likely effect on the Supreme Court's potential consideration of cases … [Read more...]
Second Amendment Incorporation on the “Radio” – Nunchucks in the News
You may recall that a little over a month ago we reported the news that Kirkland & Ellis' DC office was going to handle the Nanchaku ("nunchuck") 2nd Amendment Incorporation petition for certiorari to the Supreme Court. In that post, we discussed the DC v. Heller decision which held that the 2nd Amendment prohibits the Federal government … [Read more...]
Are Non-Modifiable § 516 Non-Marital Child Support Agreements Unconstitutional?
As an office that has a very strong Matrimonial and Family practice, it is with great interest that we read Noeleen Walder's recent article in the New York Law Journal ("NYLJ," subscription required). She reported that the current non-modifiable status of § 516 child support agreements for non-marital children, may soon be changing. Child Support … [Read more...]
A Problem (And Solution) With the Miranda Right to Counsel
Our office maintains a significant criminal defense practice and therefore the issue of police Miranda violations is of great interest to the firm. Miranda v. Arizona established a "Miranda right to counsel" during custodial police interrogations, purportedly based on the Fifth Amendment. One problem with the Miranda decision is that the Sixth … [Read more...]
Review of Select Law School Audio CDs
One strategy that has been very effective for me in my law school career has been listening to audio summaries of many of my courses. In addition to preparing for class, briefing cases, outlining, and doing practice exams (indispensable!), I use my time driving to and from work and law school to listen to audio lectures of the courses I'm taking, … [Read more...]
Confiscatory Texas Town Officials Subject to RICO Prosecution?
I talking with my employer, Elliot Schlissel, Esq., about my post yesterday regarding the case of the Tenaha, TX police department's use of apparently unreasonable searches and seizures to obtain money and property from travelers through their town to bolster their local budget. I told him that the individuals involved are being sued for violations … [Read more...]
Police Stop, Search & Confiscate Everything You Have…?
The Chicago Tribune has just picked up on a story from over a month ago at mysanantonio.com. The Texas town of Tenaha is using a state forfeiture law that gives the police the right to seize any property used in a crime to bolster that department's budget. Police officers have been using this law to stop cars traveling through their tiny (pop. … [Read more...]
West Virginia State Legislator Introduces Nanny State Bill
Ditch the doll? Lawmaker out to outlaw Barbie Although I agree with the motivation behind the proposed ban, this is taking "Nanny State" to a whole new level. Any ideas on the consitutionality of such a ban, were it to be passed? Picture courtesy of marketing.blogs.ie.edu … [Read more...]
Incorporating the 2nd Amendment Against the States – Kirkland & Ellis is on the Case
As I posted on Jan. 30th, the Second Circuit Court of Appeals recently decided the case of Maloney v. Cuomo. Jim Maloney (pictured, right) was charged with possession of nunchaku ("nunchucks") in his Long Island, New York home. He challenged the constitutionality of New York's ban on nunchaku possession on 2nd Amendment grounds. But the 2nd … [Read more...]
Just How Extreme Must Police Negligence Be to Suppress?
Our office does a lot of criminal defense work, so I am always interested in developments in 4th Amendment Search and Seizure law. Last month, the Supreme Court made it more difficult for a defendant to have evidence suppressed in its decision in the case of Herring v. U.S. In that case, police consulted clerks in a neighboring county regarding … [Read more...]
