Category: Legal Pulse

Fourth Amendment Further Whittled Away by Utah v. Strieff

Fourth Amendment Further Whittled Away by Utah v. Strieff

–by Jordan Charnetsky Source: Utah v. Strieff, 136 S. Ct. 2056 (2016); Brown v. Illinois, 422 U.S. 590 (1975). Abstract: On June 20, 2016, the United States Supreme Court ruled that evidence obtained after...

Ohio Governor Vetoes Heartbeat Bill, But Passes Ban on Abortions After Twenty Weeks

Ohio Governor Vetoes Heartbeat Bill, But Passes Ban on Abortions After Twenty Weeks

–by Bri Szopinski Citations: Sheryl Gay Stolberg, John Kasich Signs One Abortion Bill in Ohio but Vetoes a More Restrictive Measure, N.Y. Times (Dec. 13, 2016), http://www.nytimes.com/2016/12/13/us/kasich-ohio-heartbeat-abortion-bill.html?_r=0. Emanuella Grinberg, Ohio Governor Bans Abortions After 20...

Student-Athletes Denied Wages for Athletic Training

Student-Athletes Denied Wages for Athletic Training

–by Ryan White Source: Berger v. National Collegiate Athletic Association, No. 16-1558, 2016 WL 7051905 (7th Cir. Dec. 5, 2016). Abstract:  Two former members of the University of Pennsylvania Women’s Track and Field team...

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

–by Samantha Pallini Sources: http://www.cnbc.com/2016/03/29/apple-vs-fbi-all-you-need-to-know.html; http://www.nbcnews.com/news/other/government-can-grab-cell-phone-location-records-without-warrant-appeals-f6C10803204; http://www.cnn.com/2016/12/28/tech/amazon-echo-alexa-bentonville-arkansas-murder-case-trnd/; http://fox40.com/2016/12/28/amazon-echo-may-be-the-key-to-solving-a-murder-case/; https://epic.org/privacy/internet/ftc/EPIC-Letter-FTC-AG-Always-On.pdf Abstract: An Arkansas prosecutor believes that a murder suspect’s Amazon Echo data recordings could be used as evidence in the case. However, Amazon continues to refuse to comply with requests...

New York Court of Appeals Holds Denial of Coordination Test Due to Language Barrier Not a Violation of Equal Protection and Due Process Rights

New York Court of Appeals Holds Denial of Coordination Test Due to Language Barrier Not a Violation of Equal Protection and Due Process Rights

–by Sofia Rezvani Citation: People v. Aviles, 2016 N.Y. LEXIS 3573 (Nov. 22, 2016). Abstract: The NYPD does not administer coordination tests when a language barrier prevents an officer from communicating the test instructions to...

Man’s Sexual Tendencies Properly Admitted to Jury

Man’s Sexual Tendencies Properly Admitted to Jury

–by Darian Niforatos Citations: People v. Brewer, 2016 N.Y. LEXIS 3495 (2016); People v. Molineux, 61 N.E. 286 (N.Y. 1901). Abstract: The issue surrounding this case was whether the trial court erred in allowing the...

Prosecutors Can Impeach with Inconsistent Statements to Police

Prosecutors Can Impeach with Inconsistent Statements to Police

–by Emily Keable Citations: People v. Chery, 2016 N.Y. Lexis 3459 (2016); People v. Savage, 409 N.E.2d 858 (N.Y. 1980). Abstract: When a defendant’s initial statements to the police differ from the testimony the defendant...

NYS Law Passed to “Put an End to Airbnb” in NYC; Airbnb has Rushed to Sue for a Preliminary Injunction

NYS Law Passed to “Put an End to Airbnb” in NYC; Airbnb has Rushed to Sue for a Preliminary Injunction

–by Carlie Roman Citations: https://www.nysenate.gov/legislation/bills/2015/S6340/amendment/A; http://www.wsj.com/articles/airbnb-in-talks-to-settle-new-york-lawsuit-1477959169 ; http://www.nytimes.com/2016/10/22/technology/new-york-passes-law-airbnb.html?_r=0 ; http://www.nydailynews.com/new-york/nyc-marathon-runners-race-airbnb-new-state-law-article-1.2859787 Abstract: Last month, Governor Andrew Cuomo signed a law that can impose up to $7,500 in fines for advertising illegal short-term apartment rentals in New...

School Boards Forced to Submit to Local Zoning Schemes in Building Athletic Facilities

School Boards Forced to Submit to Local Zoning Schemes in Building Athletic Facilities

—by Samuel Cohen Sources: John Wolohan & Samuel Cohen, Zoning Regulations Dismantle School’s Bleachers, Athletic Bus., Nov. 2016, at 22; Jeff Gruba v. Community High School District No. 1, 40 N.E.3d 1 (Ill. 2015)...

New York State Senate Seeks to Stop Scalpers

New York State Senate Seeks to Stop Scalpers

—by Conor Tallet Sources: S.B. S6931C, 2015-2016 Reg. Sess. (N.Y. 2016); Andrew J. Lanza, Senate Passes Lanza’s Bill to Help Stop “Bots” from Ruining Consumers’ Chances of Buying Concert and Other Event Tickets (May 25,...