Category: Constitutional Law

Fake News v. The First Amendment: Fox News Gets Sued for Alleged “Campaign of Deception” & Disseminating of Disinformation to Deny & Downplay the Danger of Coronavirus

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Written by Christy O’Neil Introduction When official cases started to surface in the United States, for some people, COVID-19, was regarded as a deadly global pandemic. For others, it was… Read more »

Supreme Court Finds Arkansas Statute Unconstitutional; Holds Both Same-Sex Parents’ Names Should Be On Child’s Birth Certificate

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Photo via Arkansas Online Written by Joseph Railey ABSTRACT In a brief per curium opinion, the Supreme Court found Arkansas’ birth certificate statute to be unconstitutional because it treated same-sex… Read more »

Increasing the Scope of Legal Responsibility: Can Words Kill?

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Written by: Emily Keable In a rare legal ruling, a Massachusetts judge found Michelle Carter, 20, guilty of involuntary manslaughter. Carter was accused of encouraging her boyfriend, Conrad Roy, to… Read more »

Common Sense Prevails: SEC Disgorgement Damages are Deemed a Penalty

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Written by: Mike Corelli Facts & Procedural History In 2009, the Securities and Exchange Commission (SEC) commenced an action against Charles Kokesh for violating federal securities laws by misappropriating funds…. Read more »

Mississippi Man First to be Prosecuted and Sentenced Under Federal Hate-Crime Statute

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Written by: Brianne Szopinski On Monday, May 15, 2017, Joshua Vallum became the first individual to be prosecuted and sentenced for a federal hate crime after the murder of his… Read more »

United States Supreme Court Reverses and Remands Case of Alleged Racial Bias

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–by Taylor J. Hoy Citation: Pena Rodriguez v. Colorado, 580 U.S. ____ (2017); Pena-Rodriguez v. People, 350 P.3d 287 (Colo. 2015). Abstract: Pena-Rodriguez examines Colorado’s interpretation of Colorado Rule of… Read more »

New York Court of Appeals Holds That Skin Color Is a Cognizable Class Under Batson Analysis

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–by Robert Carpenter Citation: People v. Bridgeforth, 2016 N.Y. Lexis 3859 (Dec. 22, 2016) (internal citations omitted). Abstract: In a matter of first impression, the New York Court of Appeals… Read more »