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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Internet Legal Issues: WWW Privacy Policy II: Guidelines & Children Online Privacy Protection Act of 1998
This is the second part of an article on the subject of the World Wide Web ("WWW") Privacy Policy. While part one focused on broad-based WWW privacy issues, part two will discuss specific guidelines for preparing and implementing a company's privacy ...
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Intellectual Property Law Briefing: Florida Prepaid and Infringement by State Actors
On June 23, 1999, the U.S. Supreme Court ruled in Florida Prepaid Postsecondary Educ. Expense Bd. v. College Sav. Bank (1) ("Florida Prepaid") that the Patent Remedy Act violated the Eleventh and Fourteenth Amendments of the U.S. Constitution. This ...
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Insurance and Managed Care Companies have 280 Million reasons to Deny Care
On August 3, the American Psychological Association (APA) released an analysis of the profits that insurance and managed care companies can generate by investing the money saved while denied claims are in appeals process. The analysis found that ...
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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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Minnesota Court Recognizes Right to Sue Religious Institutions for Certain Wrongful Conduct by Clergy
The Minnesota Court of Appeals has ruled that a church may be sued and held liable to a congregant arising from alleged wrongful conduct by its pastor when rendering secular counseling services. The Court rejected the church's contention that the ...
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How to Express Your Limitations/Disabilities to Social Security
When people apply for Social Security disability benefits, they complete questionnaires regarding their condition, what medications they are currently taking, and most importantly, about their activities. I say most importantly because the activity ...
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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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Free Speech War on the Range: Legal Challenges to the Nation’s Commodity Checkoff Programs
Got Milk? The question may sound innocuous, but for many of America's independent farmers and ranchers, that marketing slogan and others like it represents compelled speech in violation of the First Amendment. In addition to the ubiquitous milk ...
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Faith, Funds, and Freedom: Restoring Religious Liberties for CARE Act Employees
It is no secret that President Bush has made it a priority of his administration to increase the role of faithbased institutions in meeting the social service needs of the nation.1 The major questions for such entities, however, are: 1) how much of ...
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Ex-Employee Is Liable For “Spamming”
A California Superior Court judge granted Intel Corporation summary judgment in its trespass lawsuit against a former employee who sent thousands of derogatory e-mails into the company's system. In Intel Corp. v. Hamidi, No. 98AS05067 (Cal. App ...
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