The National Pulse

Courts in a muddle over 4th Amendment’s community caretaking exception

Some view it as a monstrous leviathan that could devour much of search-and-seizure protections. Others view it as simply a common-sense, rational justification for what police must do when performing emergency functions. Either way, the community caretaking exception to the Fourth Amendment has prompted confusion among courts over whether it…

Aug 1, 2013 8:09 AM CDT

Former college sports stars say the NCAA owes them for using their images

Ed O’Bannon was the star of UCLA’s basketball team in the mid-1990s. He led the team to the 1995 NCAA championship and was named the Final Four Most Outstanding Player. Replays of his classic games are often shown on sports networks. Today, O’Bannon sells cars in Las Vegas. When his…

Jul 1, 2013 8:40 AM CDT

‘Patent privateers’ do legal legwork for big-time tech companies

Large companies cleaning out virtual storage rooms filled with dusty patents are finding new ways to monetize that old intellectual property—and smaller companies are quickly sprouting to help them. Dubbed “patent privateering,” the practice involves small companies whose only business operation is purchasing patents from megacorporations for the sole purpose…

Jul 1, 2013 8:30 AM CDT

Prosecutors’ use of mobile phone tracking is ‘junk science,’ critics say

At his trial last year on federal kidnapping and conspiracy charges, prosecutors sought to introduce cell tower evidence purporting to show that calls placed from defendant Antonio Evans’ cellphone could have come from his aunt’s house, where the victim was thought to have been held for ransom. That’s not unusual.…

Jun 1, 2013 8:50 AM CDT

Along with political speech, many companies also claim they have religious liberty rights

Corporations, like individuals, have the right to engage in political speech, the U.S. Supreme Court said three years ago. The “corporate identity” of a speaker did not justify a reduced level of free speech protection, wrote Justice Anthony M. Kennedy in Citizens United v. Federal Election Commission. “No sufficient governmental…

Jun 1, 2013 8:30 AM CDT

Hacker’s Hell: Many want to narrow the Computer Fraud and Abuse Act

Angered that the Internet site PayPal had ceased allowing its users to donate to the controversial online publisher WikiLeaks, 14 computer users allegedly fought back. They sent PayPal multiple communication requests, a program that hackers use to saturate networks with information and crash them. One of the programmers, Keith W.…

May 1, 2013 8:40 AM CDT

Attorneys push for change in debt collection

Consumer attorney Jerry Jarzombek calls them “testaliars.” He’s talking about agents and attorneys representing creditors he says frequently falsify affidavits of service or present erroneous legal documents to his clients and to the court. The paperwork involves unpaid debts from credit cards, payday loans, medical bills and the like. “They…

May 1, 2013 8:20 AM CDT

More unpaid interns say they want to be compensated

In 2009, when Eric Glatt wanted to launch a career in the film industry, he took an internship with Fox Searchlight’s film Black Swan. He spent at least 40 hours a week reviewing personnel files, delivering timesheets and preparing spreadsheets to reconcile purchase orders. Glatt, who holds an MBA and…

Apr 1, 2013 8:39 AM CDT

More states see tort limits challenged as unconstitutional

Tye Ward was riding his four-wheeler on a road in north-central Tennessee in February 2012 when he noticed that his cousin, Kaitlin Ward, and her friend, Maykayla Gummo, both 15, had driven off an embankment, landing in a creek 80 feet below. Ward, 17, had to drag his cousin out…

Apr 1, 2013 8:19 AM CDT

District attorneys are declining to defend controversial state and federal laws

In Illinois, Cook County State’s Attorney Anita Alvarez declined last year to do one key aspect of her job: Defend the laws within her jurisdiction. In court filings, Alvarez declined to defend the Illinois Marriage and Dissolution of Marriage Act, which defines marriage as between a man and a woman.…

Mar 1, 2013 9:40 AM CST

Insurers are hiring lawyers, with an eye on privilege

Take heart, legal job seeker. You may have a future as a claims adjuster, if you don’t mind taking center stage in the occasional discovery dispute. Once considered a humble plan B for low-ranking graduates, jobs in the claims departments of insurance companies look more like a safe haven amid…

Mar 1, 2013 9:20 AM CST

It’s Google, but is it art? Museums wonder whether they should open their galleries to digitizing

Google’s mission to digitize artwork from around the world is testing the bounds of copyright protection and the fairness of licensing contracts. Launched in February 2011, the Google Art Project provides access to more than 30,000 high-resolution images of paintings, sculptures and photographs from more than 180 museums and institutions…

Feb 1, 2013 9:29 AM CST

Patent lawyers ponder the changed post-grant process

The U.S. patent system hasn’t seen anything like it before. And attorneys aren’t quite sure what to make of it. Some say post-grant review, which went into effect Sept. 16, will alter patent practice dramatically. “It is a real game changer,” says Matthew I. Kreeger, a partner with Morrison &…

Feb 1, 2013 9:09 AM CST

A Question of Education: For Some Parents, Shock Treatments Are Only Hope for Helping Their Kids

Charles Bryant’s son “D.B.” has been diagnosed with pervasive developmental disorder and intermittent explosive disorder. D.B., who just turned 18, has been “out of control” for most of his life, according to his father. He hits and kicks when he doesn’t get his way. “If you can visualize a child…

Jan 1, 2013 9:30 AM CST

Call Ahead: Officers Use Cellphone Towers to Spot Offenders

Melvin “Big Foot” Skinner and his drug-trafficking buddies enjoyed a good long run, hauling tons of marijuana from Arizona to Tennessee for five years and making millions of dollars doing it, partly by relying on cellphones they believed would keep them one step ahead of the law. But try as…

Jan 1, 2013 9:08 AM CST