While Constitutional Law originated during colonial times, it is just as relevant today as it was back in 1787 when the document was written. In today's modern world of ubiquitous electronic communication, constitutional law is a much debated and litigated realm of law. The law frequently can't keep pace with technology, and new laws, both federal and state, are being consistently legislated and challenged in U.S courtrooms. The First Amendment and privacy concerns are a particular hotbed of debate. If your practice involves representing a telecommunications corporation, click on the articles below to learn more 1996 Telecommunications Act or broadcast ownership rules. If your client is being tried for a white-collar crime, make sure you read about when your client should invoke the Fifth Amendment in front of a grand jury. Click on a link below to get started.
Constitutional Law
Law Library
Constitutional Law Articles
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Independent Role of Rating Agencies Affirmed
A federal court in the Ninth Circuit has ruled in an important recent case, that debt ratings issued by rating agencies are not financial advice, and reaffirmed that such ratings are speech that is constitutionally protected under the First ...
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Gainsharing Arrangements with Physicians
Since the hospital prospective payment system ("PPS") was introduced in the mid-1980s, hospitals have been trying to develop a means by which they can align their financial incentives with those of their physicians. PPS limits hospitals to a fixed ...
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Department of Education Guide on the Supreme Court's Decision in Agostini v. Felton
On June 23, 1997, the U.S. Supreme Court issued its decision in holding that supplementary instructional services under Part A of Title I of the Elementary and Secondary Education Act (Title I) may be provided in religiously-affiliated private ...
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Constitutional Challenge to New Jersey Blue Sky Law Fails
Ruling on the constitutionality of the state regulation of the sale of securities, the Third Circuit Court of Appeals held that the enforcement of a New Jersey Blue Sky law to prohibit an in-state broker from selling securities to out-of-state ...
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Equal Protection
Any trial court should be delighted to see the filing of cross motions of parties for summary judgment. The parties may simultaneously admit that the lack of genuine issues presents the case for decision. The parties did so in a recent case, Lalla ...
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President Clinton Fails to Support Renewed Calls for Fast Track Vote
President Bill Clinton has failed to actively support the June 25 announcement by Speaker of the U.S. House of Representatives, Newt Gingrich, that he planned to schedule a September vote on extending fast-track trade negotiating authority for the ...
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Towards a Unified Approach on Protection of Genetic Information
Genetic information is being used with increasing frequency and in a wide variety of different applications. At the same time, however, the use of such information has raised concerns about the potential for misuse and abuse. As a result, there have ...
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Recently Enacted Arizona Legislation on Y2K Liability
The Arizona Legislature passed important Y2K legislation during the last legislative session. The new law signed by Governor Hull on April 26, 1999 is effective immediately because the bill contained an emergency clause. The law provides that ...
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Media Access to the New Special Tribunals: Lessons Learned From History and the Military Courts
The right of the public and the press to attend the recently authorized special military tribunals has not been established as of this writing. History suggests any such right will be limited, but there are steps members of the news media can take ...
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Award Limits in Medical Malpractice Claims
In 1994, the Michigan Legislature enacted various legislation aimed at tort reform. The basis for the reform was the concern over the rising number of medical malpractice cases and the corresponding increase in malpractice insurance rates. In a ...