Labor/Employment Law: Great News – Circuit Court in Tallahassee Declares Unconstitutional Three Percent State Employee Pay Deduction
March 7, 2012 / by joe chater / in Constitutional Law Matters, Employment Law, Halifax Law Articles, Uncategorized
http://feaweb.org/_data/files/2012_Court_Rulings_Docs/Order_on_Motions_for_Summary_Judgment1.pdf The opinion is attached. It is an exceptionally well-written order. Please note, within minutes, the State filed its notice of appeal with the First District Court of Appeal (despite publicly stating, previously, that it would abide by the Circuit C
Read moreConstitutional Law: DOMA Declared Unconstitutional – Link to Opinion from U.S. District Court
Well-crafted, succinct opinion as to how the DOMA is violative of the Equal Protection Clause. This District Court Judge was impressive with the legal scholarship backing his order. http://blogs.findlaw.com/courtside/2012/02/defense-of-marriage-act-ruled-unconstitutional.html?DCMP=NWL-cons_breakingdocs
Read moreConstitutional Law: Founding Fathers Principles on the Commerce Clause
Special acknowledgment to ConsortiumNews.com: http://consortiumnews.com/2012/02/24/madison-father-of-the-commerce-clause/. It is important — critical — to debunk the garbage coming from certain less-than-reputable constitutional and political sources regarding the scope and underpinnings of our Commerce Clause. By the way, I am ba
Read moreElection Law: Voter Suppression Law Nabs Another Innocent Victim – High School Teacher Registering Students to Vote
http://www.news-journalonline.com/news/local/southeast-volusia/2011/10/23/new-florida-election-law-stirs-up-controversy.html This is what is wrought by the official effort to suppress the vote. A high school teacher who helped her seniors register to vote may now get hit with thousands of dollars in fines. With no evidence of vote fraud — b
Read moreAnnouncement on Derek Brett’s Joining of New Firm
Well, I have opted to join some great attorneys at The Tate Law Firm, PLLC. I will be joining as a partner, and will continue my current practice areas. The preexisting commitment to my/our clients remains. If anything, there is a boon in not having to any longer run my own practice. I am really excited about this development. This website
Read moreCriminal/Constitutional: Great Opinion Re: Limits on Government’s Ability to Search Electronic Devices
September 18, 2011 / by joe chater / in Constitutional Law Matters, Criminal Law Matters, Halifax Law Articles
Credit must be provided to colleagues at NACDL for this insightful case: The government’s application for a search warrant to search all electronic devices in the target’s possession without a filter team and permitting a plain view is denied as constituting a general warrant. In re United States’s Application for a Search Warrant to Seize an
Read moreDerek Brett Arguing Before the Florida Supreme Court on September 7
Link: http://wfsu.org/gavel2gavel/archives/flash/09-1182.php
Read moreConstitutional: Does GPS Tracking Violate the Fourth Amendment?
Much catching up to do. I have been inundated with case matters over the past month — most of a constitutional nature, or involving labor law. Any way, as I ply through the issues I have set aside for comment and posting, I wanted to start with this nicely crafted article re: the constitutional issues arising from GPS devices. Credit to
Read moreEducation: Article for My Students at the End of the College Semester – Food for Thought
Is Student Debt Really Worth It? Bryce Covert – New Deal 2.0 Whether or not we’re in the midst of a higher education bubble, are grads really getting enough bang for their buck? This week’s credit check: Average student loan debt is $23,186. For each $10,000 in debt a student takes on, the likelihood of taking a job in a lower paying indu
Read moreCriminal Practice: Innocent Man Finally Vindicated on Child Porn Charge
http://www.huffingtonpost.com/2011/04/24/unsecured-wifi-child-pornography-innocent_n_852996.html I have heard about such occurrences way too often. A former investigator first advised me of the ability of others to hack into the unsecured Wi-Fi of innocent users. Also, there have been several cases involved innocent Internet users at file shari
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