Confrontation Clause: When Forensic Reports Are Testimonial Remains Unclear By Heather Whitney – Edited by Charlie Stiernberg Williams v. Illinois, No. 10-8505, 2012 WL 2202981 (U.S. June 18, 2012) Slip opinion In a fractured decision, the Supreme Court held that an expert witness could testify about a DNA test not entered into evidence and performed by a non-testifying analyst without violating the Confrontation Clause. However, with five Justices expressly rejecting the entirety of the plurality’s analysis, no majority agreed on ... Read More...
Archive for July, 2012
By Erin Pritchard Facebook and Yahoo Settle & Share Facebook and Yahoo announced last Friday, June 6, that they have settled all patent disputes between the two companies and are entering into an advertising partnership, according to CNN. The companies came to a no-cash exchange settlement agreement by entering into a cross-license deal which allows access to one another’s patent portfolios as well as a new advertising partnership. Yahoo filed a complaint against Facebook in March 2012 in the U.S. ... Read More...
Twitter Must Produce Occupy Wall Street Protestor’s Data By Sarah Jeong – Edited by Michael Hoven People of the State of New York v. Malcolm Harris, Docket No. 2011NY080152 (N.Y. Crim. Ct. June 30, 2012) Decision and Order (hosted by the ACLU) The Criminal Court of the City of New York denied Twitter’s motion to quash a subpoena, thereby allowing discovery of defendant Malcolm Harris’s tweets and other non-content information collected by Twitter. On January 26, 2012, the New York ... Read More...
Verizon Challenges FCC’s Open Internet Order By Andrew Crocker — Edited by Heather Whitney Brief for Appellants, Verizon v. FCC, No. 11-1355 (D.C. Cir. July 2, 2012) Brief hosted by GigaOm On July 2, Verizon, joined in part by MetroPCS, filed a brief in the United States Court of Appeals for the District of Columbia Circuit in an appeal of the FCC’s final order adopting its 2010 Open Internet Order, also known as the network neutrality rules. In the brief, ... Read More...
Supreme Court Upholds the Individual Mandate of the Affordable Care Act By Jie Zhang – Edited by Michael Hoven National Federation of Independent Business v. Sebelius, Nos. 11–393, 11–398 and 11–400 (U.S. June 28, 2012) Slip opinion The Supreme Court partially reversed the Court of Appeals for the Eleventh Circuit, which had held that the individual mandate of the Patient Protection and Affordable Care Act (“ACA”) was unconstitutional but severable from other provisions of the act, and that the Medicaid ... Read More...
