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Full Court Pass: The Influence of the New York View of GPS Surveillance

http://www.fullcourtpass.com/2012/02/influence-of-new-york-view-of-gps.html

Friday, February 3, 2012. The Influence of the New York View of GPS Surveillance. Back on May 12, 2009, I noted the decision of the New York Court of Appeals in People v. Weaver,. 12 NY3d 433 (2009), in which the Court in an opinion by Chief Judge Lippman for the majority, ruled that the government cannot install a global positioning system device (GPS) on an person's automobile without a warrant. Olmstead v. United States,. 277 US. 438 (1928), and noted the intrusive nature of GPS surveillance which.

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Full Court Pass: The Holocaust, Law, Morality, and Stolen Property

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Friday, June 29, 2012. The Holocaust, Law, Morality, and Stolen Property. In recent years there has been t. The cases provide an easy confluence of law and morality: the law says a thief cannot pass good title, and property taken by the Nazis should be returned to its true owner or his descendants. The Appellate Division, Second Department, has just granted leave to appeal to the New York Court of Appeals in a case which presents an unusual legal twist on property stolen during World War II,. The Surroga...

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Full Court Pass: Predicting Supreme Court Decisions

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Thursday, June 28, 2012. Predicting Supreme Court Decisions. Predicting decisions of the United States Supreme Court is a chancy affair, especially with an ideologically divided Court on an ideological issue. While I do not ordinarily like to boast, I did predict the outcome of today's ruling on the Affordable Care Act, National Federation of Independent Business v. Sebelius. And Miranda v. Arizona,. Decision a few years before the Civil War. Buy insurance- was beyond the commerce clause powers of the fe...

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Full Court Pass: Shades of Daniel Webster

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Friday, February 10, 2012. Shades of Daniel Webster. When I read histories of the United States Supreme Court one matter that jumps off the page is the length of oral arguments before the John Marshall Court in the early part of the nineteenth century. I have read of arguments by Daniel Webster and others which went on for days. I even read an account which stated that Webster and others argued one case for ten days! Patient Protection and Affordable Care Act. Subscribe to: Post Comments (Atom). Appellat...

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Full Court Pass: September 2012

http://www.fullcourtpass.com/2012_09_01_archive.html

Friday, September 28, 2012. The Fall: A New Appellate Season. With the arrival of Labor Day came the unofficial end of summer, and a few weeks later its official conclusion. The arrival of fall brought on a new appellate court season. The Court will begin its first week hearing arguments in six cases covering a wide range of issues such as maritime jurisdiction, an interpretation of the Clean Water Act, and the circumstances under which compensation must be paid under the Fifth Amendment's Takings Clause.

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Full Court Pass: July 2012

http://www.fullcourtpass.com/2012_07_01_archive.html

Thursday, July 5, 2012. The Declaration of Independence, Trial by Jury, and Immigration. Every Fourth of July I re-read the Declaration of Independence to remind myself why brave people agreed to put at risk "our Lives, our Fortunes and our Sacred Honor.". To their credit, in recent years appellate courts have endeavored not to stray from the jury trial message in the Declaration and the Constitution. In cases such as U.S. v. Gaudin,. 515 US. 506 (1995) and Apprendi v. New Jersey,. 530 US. 466 (2000),.

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Full Court Pass: The Declaration of Independence, Trial by Jury, and Immigration

http://www.fullcourtpass.com/2012/07/declaration-of-independence-trial-by.html

Thursday, July 5, 2012. The Declaration of Independence, Trial by Jury, and Immigration. Every Fourth of July I re-read the Declaration of Independence to remind myself why brave people agreed to put at risk "our Lives, our Fortunes and our Sacred Honor.". To their credit, in recent years appellate courts have endeavored not to stray from the jury trial message in the Declaration and the Constitution. In cases such as U.S. v. Gaudin,. 515 US. 506 (1995) and Apprendi v. New Jersey,. 530 US. 466 (2000),.

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Full Court Pass: Appealing a Sua Sponte Order

http://www.fullcourtpass.com/2011/11/appealing-sua-sponte-order.html

Tuesday, November 22, 2011. Appealing a Sua Sponte Order. One of the practical problems which trial counsel confront is a sua sponte. Order which has an adverse effect on a party. Under New York law. That there is no right to appeal a sua sponte. Order The rule follows from CPLR § 5701(a)(2) which indicates that a party has a right to appeal from an order "where the motion it decided was made upon notice." Because a sua sponte. The solution for the aggrieved party? New York Court of Appeals. Subscribe to...

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Full Court Pass: Recovering from Sandy

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Saturday, November 3, 2012. As the lights come back on in Manhattan below 34th Street, and subway service returns, I hope all of my readers and their loved ones were safe during the storm, and I wish you a swift return to normalcy. The Appellate Divisions for the First and Second Departments have issued orders relating to filing deadlines for briefs and other papers affected by the storm. The First Department order can be found on its home page here. Finally, Governor Cuomo has issued an executive order ...