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Recent Articles from Scott Forsyth
Commentary: Feds ‘incidentally’ gather millions of Americans’ communications a year
The word “incidental” has been in the news lately, as in the federal government may have incidentally collected the communications of Donald Trump and his aides after his nomination. We do not know for sure if the collection occurred, yet there is a good chance it did. How so, you may ask. You have to […]
Commentary: Eliminating funding for Planned Parenthood not a solution
Planned Parenthood provides essential medical services to women and men — more than two million every year. It serves a predominantly poor population; 75% of its patients have incomes at or below 150% of the federal poverty level. For a single person that number is $12,060. For all of the good Planned Parenthood does, Republicans […]
Commentary: Can felon disenfranchisement laws be challenged?
Last November, 6.1 million adults did not vote, not because of a lack of interest, but because they were disqualified due to a felony conviction. Some 75% of the adults were no longer under the supervision of the correction system. They had reentered society or were in the process of reentering. Yet the 75% were […]
Commentary: Trump’s rhetoric sinks immigration order
President Trump has promised to issue this week a new executive order on “Protecting the Nation from Terrorist Entry to the United States.” That is the title of the order issued last month, whose enforcement has been enjoined. As of the writing of this column, we are awaiting the new order. The persons drafting the […]
Commentary: Why records of Nojay proceeding had to be disclosed
I knew Bill Nojay fairly well, before he entered politics. He was passionate about the rights of the disabled and at one time served on the legal committee of the local chapter of the NYCLU. He even hosted a surprise birthday party for my ex-wife. Thus, I was shocked to hear Nojay committed suicide on […]
Commentary: Trump great for the private prison industry
If you have been following the stock market since the election of Donald Trump, you may have noticed the price of two stocks, CoreCivic and GEO Group, zoom — 75% and 54%, respectively. Who are they? CoreCivic identifies itself as “a diversified government solutions company.” GEO is less circumspect. It boasts it is a “global […]
Supreme Court may circumscribe power of lay judges
New York has approximately 2,150 town and village court judges. Of those, 1,450 or nearly 70% are nonlawyers. That is the greatest number and highest percentage in the country. For years the media, good government groups, and even the Office of Court Administration have chronicled how these judges of “tiny courts” have engaged in “abuses […]
Forsyth: Should officers be penalized for not using body cameras?
More and more police departments, including Rochester’s, are purchasing and using body cameras. In great part the departments are being pushed by citizens who see in the video generated by the cameras evidence that can explain better the origins of police-civilian encounters and the conduct of the parties during the encounters. The video works both […]
When does religious liberty override anti-discrimination laws?
Remember when Justice Ruth Ginsburg warned in her Hobby Lobby dissent that the majority’s ruling may lead to widespread employment discrimination cloaked in religion? Justice Samuel Alito, the author of the ruling, responded that the “decision today provides no such shield. The Government has a compelling interest in providing equal opportunity to participate in the […]
Scott Forsyth: Watchlists make bad policy
Politicians on both sides of the aisle have been touting the terrorist watchlist lately. In June both presidential candidates called for greater regulation of the sale of guns to persons on the watchlist. A South Carolina representative went further, proposing to deport all immigrants who are on the watchlist. Even Rudy Giuliani got into the […]
Scott Forsyth: Targeted killing practices still opaque
Maybe in all of the horrific news about the police shootings in Minneapolis, Baton Rouge, and North Miami you missed the release on July 1 of an executive order entitled “United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force.” The title is a mouthful, […]
Scott Forsyth: Cuomo cannot penalize businesses that boycott Israel
“It’s very simple: If you boycott against Israel, New York will boycott you,” so announced Governor Cuomo earlier this month. Specifically, Cuomo was targeting the efforts of the Boycott, Divestment and Sanctions movement, or BDS. It aims to improve Israel’s treatment of Palestine by applying economic pressure on companies and individuals whose business activities do […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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