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This is what we need to fear from Citizens United.  The opinion has no actual legitimate basis in constitutional interpretation.  It is purely and simply a tragedy of extraordinary proportions.  The decision hearkens back to a dark period in our constitutional odyssey:  the Gilded Era, and its haunting, corporatist opinions — Lochner, the Civil Rights […]

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Quick Kvetch

Published on January 28, 2011 by in Halifax Law Articles

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I suppose this will be the first personal rant for this blog.  Wow!  Long, long thirty-six hours … going off ninety minutes of sleep. However, a nice looking Opposition to Motion to Dismiss in a federal civil rights matter is done, and ready for filing. Being a attorney doing civil rights/constitutional cases is not easy. […]

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I started off a long way back — during law school — as a clerk at a capital post-conviction organization (Volunteer Lawyers’ Resource Center, aka, “VLRC”).  It was a fulfilling experience and certainly opened my eyes to the reality of capital (death penalty) cases — both in trial and on post-conviction.  In particular, I learned […]

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Over the past several years, I have repeatedly confronted these issues involving the Electronic Communications Privacy Act (ECPA). Does this law still have ‘teeth?’  Arguably, “yes.”  However, the commentator, below, is correct in second-guess its effectiveness against new waves of technology, especially when wielded by law enforcement.  We saw a ‘perfect storm’ of this during […]

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Well, this would certainly be a welcome turnabout.  For many federal white collar defense practitioners, the Almendarez-Torres decision constituted an aberration from the wonders of Apprendi in the area of determinations of sentencing.  Apprendi properly placed the burden for any sentencing enhancements onto the shoulders of a jury.  It removed the ability of the courts […]

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http://www.alternet.org/newsandviews/article/449638/alito,_thomas_ This time, atop Justices Thomas and Scalia, you can add Samuel Alito to the roster of Supreme Court Justices engaged in rabidly partisan politics.  Members of the judiciary are, traditionally, to keep at arm’s length of political entanglements.  Yet, these three apparently go out of their way to associate with the very right-wing causes […]

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I know … I know ….  In the midst of this blog, I post something intended to lecture attorneys on the dangers of social media. Nonetheless, despite the irony …. The attorney initially referenced, Sean Conway, was a classmate of mine at FSU Law back in the early 1990s.  His sanctioning was tragic (and, in […]

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Again, another decision that I must appreciate from the Supremes.  Trust me, I rarely offer praise to a decidedly right-wing (5 Justices) Court — especially with our one-year anniversary of the tragedy that is Citizens United. However, the Ortiz v. Jordan opinion is another rational, and well-conceived decision, penned by Justice Ginsburg (one of our more […]

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I am pleased to announce that the Firm has now purchased www.myconstitutionallawyer.com.  I know … the domain name is a little ‘wordy.’  However, it certainly expresses the point of the new site.  Initially, the plan is simply to divert users here; eventually, it is intended to become self-sustaining, and dedicated exclusively to constitutional law issues. […]

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We will need to face the likely reality that a constitutional amendment — the surest method for reversing the harm to our democracy wreaked by the Citizens United decision (one year old this week) — will not pass due to obstruction from the political party benefiting from unlimited corporate contributions.  So, how do we go […]

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