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Nobody Puts the Second Circuit in the Debarment Appeals Corner
By Robyn Hagan Cain | Last updated on
The Second Circuit Court of Appeals highlighted the occasional absurdity of the federal appellate process this week when it dismissed an administrative appeal...
Ongoing Conspiracy Can Result in Sentence Enhancement
By Robyn Hagan Cain | Last updated on
Here’s a defense theory you never want to assert: Your honor, the district court erred in applying an enhancement to my client’s sentence for committing a...
You're Up, Second Circuit: NYC Judge Strikes DOMA
By Robyn Hagan Cain | Last updated on
Everybody who’s anybody is taking a swipe at the Defense of Marriage Act (DOMA) these days. It’s like marriage equality is the new black, or DOMA is the new...
SCOTUS to Consider Detention Incident to Search Warrant
By Robyn Hagan Cain | Last updated on
The Supreme Court announced Monday morning that it will review a Second Circuit Court of Appeals decision regarding whether, pursuant to Michigan v. Summers,...
Court Rules Against Gun Owner in Second Amendment Test Case
By Robyn Hagan Cain | Last updated on
The Second Circuit Court of Appeals sided with the government on Friday in a case that questioned that constitutionality of federal and state laws restricting...
Richard Prince: Fair Use or Derivative Copyright Infringement?
By Robyn Hagan Cain | Last updated on
Where do we draw the line between fair use transformation in art and derivative images that constitute copyright infringement? In 2009, the dominant fair use...