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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Congressional Cure-All For Consumers’ Clogged Inboxes: Federal Law Provides Uniform Set of Commercial Email Rules
On December 16, 2003 President Bush signed into law the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, otherwise known as the CAN-SPAM Act of 2003 (the "Act"). The Act, which becomes effective on January 1, 2004 ...
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Congress Takes Vacation from Medical Privacy Bills
The Health Insurance Portability and Accountability Act (HIPPA) of 1996 (P.L. 104-191) called for protection of the privacy of medical information. The Republican controlled Senate Committee responsible for the legislation became deadlocked on ...
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Commerce & Federal Criminal Law: The Risks of Over-Criminalizing Commercial Regulation
We are here today to consider issues of corporate governance. Recent events have generated renewed interest in and highlighted the importance of one aspect of corporate governance, namely, dealing with government enforcement proceedings, including ...
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Civil Rights: Sex Offender Registration is Constitutional
Plaintiff, a convicted sex offender, filed suit challenging the constitutionality of the 1994 Michigan Sex Offender Registration Act, MCLA§ 28.721, et. seq. which requires convicted sex offenders to register with the local law enforcement agency ...
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District Court Finds Virginia’s Regulation of the Internet Unconstitutional
Disputes/Insurance Litigation Alert: November 2001, No. 14 On October 11, 2001, the Federal District Court for the Western District of Virginia issued a ruling declaring a 1999 Virginia law subjecting web site operators to criminal prosecution for ...
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Can State Action Provide an Antitrust Defense If Such Action Violates the Commerce Clause?
Reprinted from the December 1998 issue of Antitrust ReportThe state action defense shields regulated firms from liability under the Sherman Act where the private conduct being challenged is authorized or compelled by state law and is actively ...
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California’s New Megan’s Law Website: Employers Are Cautioned
On December 15, 2004, California’s new Megan’s Law website was unveiled, allowing anyone with the click of a mouse to easily obtain access to California’s database of the state’s more than 63,000 registered sex offenders. The website was launched to ...
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California’s Deduction For Dividends Received From Insurance Companies Held Unconstitutional
California Business Property Tax: Reported Costs Are Not Necessarily Fair Market ValueCalifornia courts have dealt another blow to California's treatment of intercompany dividends. In Ceridian Corp. v. Franchise Tax Board, S.F. Superior Court No ...
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California’s “Creeping Commercial Speech”: Kasky Decision Attacks Business Participation in Public Debates
In a far-reaching decision that could force corporations to stay out of public-policy debates related to their own products or services, the California Supreme Court held in Kasky v. Nike, Inc.1 that a business could be liable to consumers for ...
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Be Careful What You Say In California: United States Supreme Court Refuses to Cut Back the Scope of California’s Unfair Competition Law
On June 26, 2003, the United States Supreme Court issued an order in the case of Nike, Inc. v. Kasky, which dismissed a previously granted writ of certiorari, and thus leaves in place a decision of the California Supreme Court in the case. The ...
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