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.
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Constitutional Law Articles
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Superior Court Issues Ruling
In a medical malpractice action recently reviewed by Pennsylvania's Superior Court, the appellate tribunal has reversed a trial court's Order (authored by the Honorable Mark I. Bernstein) which granted the plaintiffs' motion to discontinue, without ...
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Summary Provision
The Stark law was unclear with regard to its application to Medicaid services. Because only services reimbursed by Medicare were clearly covered, the Stark law's application to Medicaid was a much debated issue. The proposed Stark II regulations ...
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State Farm v. Campbell: Federalism and the Constitutional Limitations on Punitive Damages
Punitive damages will be back before the United States Supreme Court this fall. The Court granted certiorari in State Farm Mutual Automobile Insurance Company v. Campbell, No. 01-1289, to consider whether a Utah jury's $145 million punitive damage ...
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Civil Rights: Rule Prohibiting Use Of Candidate’s Name Or Likeliness In Communications By Corporation 45 Days Prior To An Election, Unless Corporation Uses Segregated Funds For Such Communications, He
Plaintiff Planned Parenthood Affiliates of Michigan ("PPAM") sought a preliminary injunction to prevent the enforcement of Rule 169.39(b) of the Michigan Administrative Code as unconstitutional. The rule prohibited the use of a candidate's name or ...
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Department of Health and Human Services Advisory Opinion: Discounted Ambulance Services
We have redacted specific information regarding the requester and certain potentially privileged, confidential or financial information associated with the individual or entity, unless otherwise specified by the requestor. Posted: March 4, 1999 ...
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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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Cooperation Clause v. the Fifth Amendment And the winner is
The clash between an insurer's right and obligation to investigate a claim and the insured's right to assert its Fifth Amendment privilege against self-incrimination was analyzed under Georgia law in Anderson v. Southern Guaranty Ins. Co. of ...
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Controls on Export of Encryption Source Code in Jeopardy But Not Gone Yet
It is rare that a court reviews a challenge to the government's administration of export controls. Agency decisions in the area almost never are subject to judicial review. About the only way a would-be exporter can seek judicial recourse is to ...
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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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Constitutional Amendment Benefits The Turkish Power Market
With a booming economy1 and a seemingly insatiable demand for power, Turkey long ago recognized the need for foreign private capital in its power sector - domestic resources meet only 38% of demand. Thus, in 1994, the government implemented a ...
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