Category Archives: Insights

Texting While Driving Liability Now Extends To Remote Texters, According To New Jersey Appellate Court

BY SHEKIDA A. SMITH — On August 17, the New Jersey Superior Court of Appeals held that negligence liability, which is traditionally claimed in car crashes where a texting driver is to blame, may be extended to the individual who sent the original text. The case caption is Kubert v. Best. The plaintiffs in the […]

When Is a Guideline Not a Guideline?: Supreme Court Says Sentencing Guidelines Have Force of Law for Ex Post Facto Purposes

BY MATTHEW E. KOHEN — On June 10, 2013, the Supreme Court of the United States issued its opinion in Peugh v. United States. This case—involving the retroactive application of U.S. Sentencing Guidelines—implicates interesting constitutional concerns. In a term where some of the opinions issued (see, e.g., Salinas v. Texas and Maryland v. King) caused […]

The Monsanto Protection Act: The Unconstitutional Product of Bad Seeds in Congress

BY DANIEL BUTLER — Over the past few years, Congress has been supplying a steady stream of material to late-night television show hosts and comedians. The legislative laugh fodder ranges from the inherently comical (the labeling of pizza as a vegetable) to the seemingly sinister (the debt-ceiling debacle). So what display of Congressional incompetence prompted […]

Lack of Media Court Coverage Poses Serious Problem For The Legal System

BY LOGAN HAINE-ROBERTS — On February 11, 2013, a number of UMLR students had the incredible opportunity to meet privately with United States Supreme Court Justice Anthony Kennedy when he visited UM. Among many other things, Justice Kennedy–entirely unprompted–launched into a discussion of his serious concerns about the dwindling number of journalists covering criminal trials following the economic downturn. Justice Kennedy believes […]

Fee Exemptions and Deferred Action For Childhood Arrivals – A Primer

BY DAVID WERNER — Just weeks ago, the Department of Homeland Security–facing $3.2 billion in sequestration related budget cuts–released thousands detainees from detention facilities nationwide. Between February 9 and March 1, DHS released 2,228 individuals, including 225 detainees within Miami’s ICE jurisdiction.  While DHS granted these former detainees freedom from incarceration, they still face deportation proceedings. However, […]