U.S. Eleventh Circuit Court of Appeals - USA v. Murat - sentencing - Johnson v. Fla DOC - Confrontation Clause, medical report - US Sugar v. US Army Corp of Eng’rs - administrative challenge, Everglades...more
Uh-oh: Government Shutdown Chances Increase. The Buzz continues to monitor the potential for a federal government shutdown. Last week, we noted a positive development: leadership in both the U.S. Senate and U.S. House of...more
In a recent decision, Marshall v. Montaplast of North America, Inc., the Supreme Court of Kentucky reaffirmed that a cause of action for wrongful termination based on a violation of public policy may proceed only if the...more
On June 20, 2019, the Supreme Court of the United States decided Gundy v. United States, No. 17-6086, holding that Congress’s delegation of authority to the Attorney General to specify offenders to whom the registration...more
In the first week of October, the justices heard argument in Gundy v. United States, in which a convicted sex offender argues that the Sex Offender Registration and Notification Act (SORNA) violates the nondelegation doctrine...more
In United States v. Holcombe, 16-1429-cr, the Second Circuit (Jacobs, Leval, Lohier) resolved three open issues involving a conviction for failing to register pursuant to the Sex Offender Registration and Notification Act...more
Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more
We had previously written about Packingham v. North Carolina, where the Supreme Court of the United States confronted the question of whether, in an effort to protect minors, States can bar individuals on the sex offender...more
In United States v. Shaday, 16-529, the Second Circuit (Jacobs, Livingston, and Kaplan (sitting by designation)) vacated and remanded the supervised release portion of defendant Yova Kana Shaday’s sentence after finding that...more
Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more
In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive...more
The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more
THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more
Local Municipalities’ Practices Likely to be Impacted - California prison officials have announced that they are loosening some restrictions on where sex offenders may live in response to In re Taylor, a California...more
A judge can require sex offender registration for a convicted criminal defendant — even if the jury did not find that the crimes were sexual in nature, the California Supreme Court held this week. Interestingly, the Court...more
Opinion Likely to Impact Cities’ Policies - Residency restrictions that prohibit sex offenders from living within 2,000 feet of a school or park are unconstitutional, the California Supreme Court ruled this week. The...more
The required date for screening for sex offenders in Ohio nursing homes, licensed residential care facilities and county homes (“Homes”) has now arrived. As of September 15, 2014, these Homes are required to screen for sex...more
An administrator’s nightmare is receiving a phone call that an individual on the sex offender’s list has harmed a child within the school. To avoid this horrible situation, schools now regularly check the criminal...more
Earlier this year, the Florida Legislature enacted a requirement for nonpublic colleges, universities and schools. Effective July 1, 2014, all such institutions are required to inform employees and students at orientation and...more
In our blog post dated April 29, 2013, Matthew Fischer discussed the case Lerner v. DMB Realty, LLC (Arizona Court of Appeals, November 27, 2012). In that case, the Arizona Court of Appeals addressed, among other things, the...more
Supreme Court Leaves Intact Court of Appeal Cases Holding That State Law Preempts Some Local Sex Offender Ordinances - Local laws regulating where sex offenders may go are likely now invalid following the California...more
Court of Appeal Holds State Law Preempts Local Ordinances - Overview: A California Court of Appeal recently struck down a provision of the Irvine Municipal Code and an Orange County ordinance, both of which required...more
Getting the answers, without violating the new EEOC guidelines - According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background...more