Constitutional Law
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.
Law Library
- Agriculture Law
- Arts, Entertainment and Sports Law
- Communications Law
- Constitutional Law
- Construction Law
- Education Law
- Election and Political Law
- Energy and Utilities Law
- Environmental Law
- Family Law
- Government Law
- Health Law
- Immigration Law
- Indigenous Peoples Law
- International Law
- Juvenile Law
- Maritime Law
- Military Law
- Science, Computers and Technology Law
- Transportation Law
- Veterans Law
- Wills, Trusts and Probate Law
Constitutional Law Articles
-
Office of Inspector General Issues New Advisory Opinions
Since our last newsletter, the Office of Inspector General ("OIG") has issued several advisory opinions, which relate to its interpretation of the Antikickback Statute. Three of these opinions are particularly notable. The first is an advisory ...
Read More » -
No Cause for Alarm: Bollard v. California Province of the Society of Jesus Does not Destroy First Amendment’s “Ministerial Exception” To Civil Rights Act Allowing Churches Freedom To Choose
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin, as well as sexual harassment in the workplace. A "ministerial exception" to the Act based upon the First ...
Read More » -
Minnesota Striker Replacement Act Preempted By Federal Labor Law
The Minnesota Supreme Court recently published its long-awaited decision striking down the Minnesota Striker Replacement Act (the "Act") as preempted by Federal Labor Law. Thus, the State's highest court has determined that Minnesota employers can ...
Read More » -
The Right to Remain Silent: What You Should Know
The fifth amendment to the U. S. Constitution provides, in part, that "No person...shall be compelled in any criminal case to be a witness against himself..." This is commonly referred to as a person's "right to remain silent." However, when a ...
Read More » -
Zeran v. AOL: Why the Fourth Circuit is Wrong
In Zeran v, America Online, Inc.,1 the Fourth Circuit broadly construed subpart (1) of the Good Samaritan exemption, created by the Telecommunications Act of 1996, to exempt interactive computer services2 from negligence claims premised on either ...
Read More » -
Your Right to Federal Records
A joint publication of At the time of this publication's printing, the Electronic Freedom of Information Act Amendments of 1996 became Public Law 104-231. P.L. 104-231 amends the Freedom of Information Act to provide for public access to ...
Read More » -
Your Right to Federal Records Questions and Answers on the Freedom of Information Act and the Privacy Act
At the time of this publication's printing, the Electronic Freedom of Information Act Amendments of 1996 became Public Law 104-231. P.L. 104-231 amends the Freedom of Information Act to provide for public access to information in an electronic ...
Read More » -
What To Do If Stopped Or Arrested
If you are driving your car and you are stopped, you should treat the officer detaining you with respect, even if you were stopped because of a racial or ethnic profile and you are about to be searched illegally. Stops are often videotaped. The tape ...
Read More » -
Unprotected Speech Leads to Reversal of Wrongful Discharge Verdict
In 1992, the Trustees of the Logan Hospital and Medical Center Authority began to discuss who would manage and operate the county-owned hospital. Several of the hospital's department managers wrote and signed a self-styled resolution expressing ...
Read More » -
U.S. Supreme Court Rules on Direct Shipping
On May 16, 2005, the United States Supreme Court struck down direct shipping laws in Michigan and New York holding that the laws in both States discriminate against interstate commerce in violation of the Commerce Clause, and that the discrimination ...
Read More »