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Legal News
30 Aug 2015
by Jacqueline Jones

[JURIST] The Massachusetts Supreme Court on Friday ruled [opinion, PDF] that a city within the state has no right to pass ordinances restricting where sex offenders can live. The ruling invalidates the "Ordinance Pertaining to Sex Offender Residency Restrictions in the City of Lynn" [text, PDF] which created a zone … [read more]

Legal News
15 Aug 2015
by Ashley Hogan

[JURIST] Last week the US Department of Justice [official website] challenged [complaint, PDF] the constitutionality of a Boise, Idaho city ordinance that criminalizes sleeping in public places by the homeless. The federal government's argument [Washington Post report] relies on the fact that everyone needs to sleep and by criminalizing the … [read more]

Legal News
7 Apr 2015
by Addison Morris

[JURIST] A judge for the US District Court for the Eastern District of Michigan [official website] ruled [opinion, PDF] Monday that some requirements of the 1994 Michigan Sex Offenders Registration Act [text] are so vague that they are unconstitutional. One of these is the requirement that convicted sex offenders stay … [read more]

Legal News
3 Mar 2015
by Alexandra Farone

[JURIST] The California Supreme Court [official website] ruled [opinion, PDF] unanimously Monday that restrictions on where sex offenders may live violates the parolees' constitutional rights. This decision addresses Jessica's Law [Proposition 83, materials], the voter initiative passed in 2006 that banned sex offenders from living within 2,000 feet of where … [read more]

Legal News
17 Feb 2015
by Addison Morris

[JURIST] The New York Court of Appeals [official website] on Tuesday ruled [text, PDF] that state laws governing the residency restrictions for sex offenders take precedence over local municipal ordinances. In People v. Diack, the court ruled unanimously that the state's regulations are sufficient in prohibiting high-level sex offenders from … [read more]

Student Commentary
10 Jan 2015
by Danielle Ardner of Valparaiso University Law School

JURIST Guest Columnist Danielle Ardner, Valparaiso University Law School, Class of 2016, discusses the lawsuit filed by district attorneys from San Francisco and Los Angeles regarding the safety of Uber ... On Tuesday, December 9th, district attorneys from San Francisco and Los Angeles filed a consumer protection lawsuit against Uber, … [read more]

Legal News
23 Sep 2014
by Alison Sacriponte

[JURIST] A divided New Jersey Supreme Court [official website] on Monday ruled [opinion, PDF] that requiring a sex offender to wear a GPS tracking device after he has completed his sentence violates the federal and state constitutions. The 2007 Sex Offender Monitoring Act (SOMA) [text, PDF] requires the states highest-risk … [read more]

Academic Commentary
30 Jun 2014
by Marjorie Cohn of Thomas Jefferson School of Law

JURIST Contributing Editor Marjorie Cohn of the Thomas Jefferson School of Law discusses some of the possible implications of the Supreme Court's recent decision on cell phone searches ... In one of the most significant Fourth Amendment rulings ever handed down by the Supreme Court, all nine justices agreed in … [read more]

28 Apr 2014

On this episode of the JURIST podcast, JURIST writers and editors discuss some of their favorite articles published on the site this year. A trend emerged in the first three articles of technological advances outpacing developments in the law. JURIST podcast moderator Ian Everhart discussed Joseph Vacek’s article “ALJ Decision … [read more]

Professional Commentary
19 Mar 2014
by Hanni Fakhoury of Electronic Frontier Foundation

JURIST Guest Columnist Hanni Fakhoury of Electronic Frontier Foundation discusses state courts and cell phone privacy...In a span of ten days, three separate state Supreme Court decisions expanded privacy protections in cell phones in important ways. While residents of Massachusetts, Texas and Washington got a little more security, state and … [read more]

Academic Commentary
18 Mar 2014
by Joseph J. Vacek of University of North Dakota School of Aerospace Sciences

JURIST Guest Columnist Joseph J. Vacek of the University of North Dakota School of Aerospace Sciences argues that the recent decision by an Administrative Law Judge of the NTSB that struck down the FAA's ban on the commercial use of drones for procedural reasons raises a larger issue concerning the … [read more]

Professional Commentary
5 Mar 2014
by Hanni Fakhoury of Electronic Frontier Foundation

JURIST Guest Columnist Hanni Fakhoury of the Electronic Frontier Foundation questions whether the high court will use this latest opportunity to modernize Fourth Amendment protections...The US Supreme Court recently agreed to review two cases—United States v. Wurie and Riley v. California—dealing with the Fourth Amendment's application to new technologies. The … [read more]

Academic Commentary
15 Jan 2014

JURIST Contributing Editor Marjorie Cohn of the Thomas Jefferson School of Law discusses two recent decisions on the constitutionality of the National Security Agency's (NSA) metadata collection program ...Edward Snowden, who worked for the National Security Agency (NSA), revealed a secret order of the Foreign Intelligence Surveillance Court (FISC), that … [read more]

Professional Commentary
5 Nov 2013

JURIST Guest Columnist Samar Warsi, a legal fellow at the Institute for Social Policy and Understanding, says that courts must closely scrutinize the reach and access the government has to information when crafting Fourth Amendment jurisprudence in the digital age...In a legal system where Fourth Amendment protections seem to be … [read more]

Legal News
23 Oct 2013
by Samuel Franklin

[JURIST] The US Court of Appeals for the Third Circuit [official website] ruled [opinion, PDF] Tuesday that a warrant is required prior to the government's attachment of a global positioning system (GPS) [JURIST news archive] device to a vehicle for the purposes of monitoring the vehicle's movements. In December 2010 … [read more]

Student Commentary
10 Oct 2013

JURIST Guest Columnist Stephanie Rainaud, St. John's University School of Law Class of 2014, is the author of the fourth article in a 10-part series from the staffers of the Journal of Civil Rights and Economic Development. Rainaud exposes the controversy associated with license plate readers...While driving your car, you … [read more]

Professional Commentary
18 Sep 2013

JURIST Guest Columnist Hanni Fakhoury of the Electronic Frontier Foundation discusses recent court decisions on constitutional challenges to law enforcement's use of cell phone tracking...Within one week in July, two landmark decisions dealing with cutting edge technology reached vastly different conclusions on the extent of constitutional privacy protections. The New … [read more]

Academic Commentary
9 Sep 2013

JURIST Guest Columnist Patrick Corbett of the Thomas M. Cooley Law School says that the Fifth Circuit's decision concerning cell site location information is constitutionally sound and that, for the time being, lower courts will have to work through its related privacy implications without the Supreme Court's direct guidance...In the … [read more]

Legal News
11 Aug 2013
by Blake Lynch

[JURIST] Harbinger Capital [corporate website] filed $1.9 billion dollar lawsuit Friday against Deere & Co [corporate website] and global positioning system (GPS) companies, including Garmin International and Trimble Navigation Ltd. [corporate websites], claiming the defendants bankrupted the wireless company LightSquared [corporate website]. Harbinger claims in the suit [Reuters report] that … [read more]

20 Jul 2013

On January 21, 2010, the US Supreme Court issued its ruling in Citizens United v. FEC, a dispute in which the creators of a documentary unfavorable to 2008 presidential candidate Hillary Clinton challenged the prohibition on corporations making independent expenditures during campaigns. Independent expenditures consist of campaign spending that expressly … [read more]

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