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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...
Posted On Jul - 18 - 2012 Comments Off READ FULL POST
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...
Posted On Jul - 10 - 2012 Comments Off READ FULL POST
Government Says Megaupload Users Must Pay to Retrieve Their Data By Jacob L. Rogers – Edited by Heather Whitney United States v. Kim Dotcom, No. 1:12CR3 (E.D. Va. June 8, 2012) Kyle Goodwin’s motion for return of property (hosted by EFF) Government reply brief (hosted by Wired) In United States v. Kim Dotcom (“the Megaupload case”), the government has filed a reply brief regarding their responsibility (or lack thereof) to provide third parties their data in a situation where the ... Read More...
Posted On Jun - 18 - 2012 Comments Off READ FULL POST
Employee Alleging Employer Accessed Quasi-Public Facebook Posts States a Valid Claim for Invasion of Privacy By Charlie Stiernberg – Edited by Heather Whitney Ehling v. Monmouth-Ocean Hosp. Serv. Corp., No. 2:11-cv-03305 (WJM) (D.N.J. May 30, 2012) Slip Opinion (hosted by Justia.com) The United States District Court for the District of New Jersey granted defendant Monmouth-Ocean Hospital Service Corp.’s (“MONOC”) Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Deborah Ehling’s New Jersey Wiretapping and Electronic Surveillance Control Act (“NJ Wiretap ... Read More...
Posted On Jun - 16 - 2012 1 Comment READ FULL POST
Written by Heather Whitney Edited by Kassity Liu Editorial Policy United States v. Jones (U.S. Jan. 23, 2012) 2012 WL 171117; No. 10-1259 In a hotly anticipated decision, the Supreme Court unanimously found that the Government’s warrantless attachment of a Global Positioning System (GPS) tracking device to a vehicle to monitor its movement constituted a Fourth Amendment violation. While unanimous in judgment, the Court split on both its underlying reasoning and with regards to whether the tracking amounted to a ... Read More...
Posted On Feb - 7 - 2012 Comments Off READ FULL POST
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