Author: DONALD SCARINCI

Privacy rights are not expressly addressed under the U.S. Constitution. However, the Supreme Court has nonetheless found that they protected under the Bill of Rights. Most notably, the Court has held that the notion of “liberty” under the Fourtee...

The U.S. Supreme Court recently issued its much-anticipated decision in Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama, which addressed whether the state of Alabama engaged in racial gerrymandering during its...

The U.S. Supreme Court gave online retailers a significant victory in the Direct Marketing Association v. Brohl case,when it held that the Tax Injunction Act (TIA) does not prohibit them from challenging a Colorado sales tax scheme that requires out...

The U.S. Supreme Court recently granted review in Hurst v. Florida, which challenges the constitutionality of a Florida law limiting the power of the jury in death penalty cases. The criminal law case raises interesting questions with regard a defen...

In Yates v. United States, the U.S. Supreme Court recently held that a Florida fisherman did not violate the Sarbanes-Oxley Act’s anti-shredding provision when he tossed undersize fish overboard in order avoid a fine from wildlife officials. Much ...

The U.S. Supreme Court recently announced that it would release audio recordings of the upcoming same-sex marriage hearing on the same day. Oral arguments in Obergefell v. Hodges are scheduled for 10:00 a.m. on April 28, 2015. Lawyers for both sides...

Later this term, U.S. Supreme Court will consider its first death penalty case since 2007. The issue in Glossip v. Gross is whether a new sedative used in lethal injections violates the Eighth Amendment to the U.S. Constitution. The drug at use, in ...

In response to federal court rulings striking down the state’s ban on same-sex marriage ban, Alabama Chief Justice Roy S. Moore argues that Alabama state courts are not bound by the district court’s decisions and, therefore, not required to issue...

In Horne v. Department of Agriculture, the property at issue is raisins. The U.S. Supreme Court recently agreed to consider whether the government’s Fifth Amendment duty to provide just compensation when it “physically takes possession of an inte...

New Jersey Lawyers have transitioned to electronic filing last year. Now the U.S. court system is doing the same. In his end-of-year report, Chief Justice John Roberts stated that the Court’s new system will allow the public to access documents ...