Legal Research

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Criminal Law and Procedure
Monday, April 6, 2009
By Barry Kamins

"Barry Kamins, a New York City Criminal Court Judge, writes: With the statement 'No man is to be convicted on unconstitutional evidence,' the U.S. Supreme Court in 1961's decision in Mapp v. Ohio caused a sea change in criminal procedure and held the exclusionary rule binding on the states through the 14th Amendment. Former Supreme Court Justice Potter Stewart observed that Mapp might be the most important search and seizure decision in our nation's history. This year, however, the Supreme Court has rendered a decision that some herald as the beginning of the end of the exclusionary rule."

Free With Registration: Employment Law
Monday, April 6, 2009
By Jeffrey S. Klein and Nicholas J. Pappas

"Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that both the plaintiff and defense bar have begun to speculate as to the effects of the Ledbetter Fair Pay Act, with lawyers on both sides highlighting the potential for courts to take an expansive reading of the legislation. For example, litigants may debate whether the 'other practice' language in §3 of the act relaxes the statutes of limitations on a number of employment practices that impact compensation, including practices with respect to promotions, demotions and performance reviews, blurring the line between a direct input into compensation and practices that may affect an employee's compensation."

OUTSIDE COUNSEL:

Impact of the Auction Rate Securities Market Collapse
Monday, April 6, 2009
By Andrew M. Genser

" Andrew M. Genser, a partner at Kirkland & Ellis, writes: The collapse of the $330 billion Auction Rate Securities (ARS) market in February 2008 has been eclipsed in the media by a string of other dramatic collapses (and near collapses) on Wall Street, from Freddie Mac to the Madoff scandal. However, despite the fact that ARS may have receded from the headlines, billions of dollars of illiquid ARS are still at stake. Indeed, although regulators have reached large settlements with the major ARS dealers, many investors are not covered and even investors who are covered are searching for ways to claim additional damages. At the same time, regulators continue to investigate the sales practices of secondary ARS dealers. This article surveys the ARS regulatory and private litigation landscape one year after the market collapse."