Tag Archives: Constitutional

Case Study: Are Illinois Orders to Pay College Expenses Still Constitutional?

In Illinois, divorced and never-married parents may have an obligation to contribute to post-high school expenses for their children once they emancipate, or “age out” of being a minor child under the law.  This typically happens when the child turns … Continue reading

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GDPR Is In Effect: The French Bill Has Been Adopted…But Referred to the French Constitutional Council

The General Data Protection Regulation (GDPR) entered into force on 25 May 2018. In light of the urgency to adapt Law no. 78-17 dated 6 January 1978 to the new European Union law, the French Government has initiated an accelerated procedure. This … Continue reading

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Based on an issue not raised by the parties, and avoiding constitutional questions, Supreme Court allows for some access to social media by criminal defendants

In Facebook Inc. v. Superior Court (Hunter), the Supreme Court today holds that federal law — the Stored Communications Act — does not bar Facebook and other social media service providers from complying with criminal defendants’ demand for “communications configured … Continue reading

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Courts Step in to Protect Constitutional Rights at the Border

Twice this week courts have pushed back against suspicionless, warrantless searches of digital devices at the border, in Alassad v. Neilsen in the First Circuit and United States v. Kolsuz in the Fourth Circuit. In both cases plaintiffs argued that … Continue reading

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Chafetz & Pozen on the Breakdown of Constitutional Norms

Josh Chafetz (Cornell Law School) & David Pozen (Columbia University – Law School) have posted How Constitutional Norms Break Down (UCLA Law Review, Forthcoming) on SSRN.  Here is the abstract: From the moment Donald Trump was elected President, critics have anguished over a … Continue reading

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