The National Pulse

Can a lost phone be searched without consent? 9th Circuit will consider

In December 2017, Dontae Hunt dropped his iPhone when he was shot five times by a gunman in an Oregon parking lot. The phone was later found by local police and stored in evidence for 25 months until federal Drug Enforcement Administration officers obtained a warrant, cracked the password and used data found on the iPhone to convict Hunt in 2022 of drug trafficking charges. “The real question is: Does someone expect that because they lost their phone that anyone who finds it—including the police—should be able to look through all their photo albums, their emails, their messages or the entire history of where they’ve been if they have location tracking on?”

Dec 1, 2024 1:00 AM CST

In both criminal and civil litigation, emojis can be hard to interpret

Sometimes an eggplant is just an eggplant, but in the emoji world, it’s usually not. But is sending someone an eggplant emoji or a winky face proof of sexual harassment? When does a gun emoji mean someone is threatening another person with death? Does a thumbs-up emoji mean acceptance of a contract?

Dec 1, 2024 12:50 AM CST

Money and litigation tangle with recent rules for college athletes’ NIL deals

Student-athletes, colleges and private collectives are facing legal complexities in the race to sign up star players with promises of lucrative name, image and likeness agreements.

Oct 1, 2024 1:20 AM CDT

Commanding officers no longer determine whether to pursue sexual assault cases in military courts

It used to be that when U.S. military service members were sexually assaulted by other service members, there was one person, their commanding officer, who decided what happened with the allegation. Although the creation of the new Offices of Special Trial Counsel is a welcome change for victims’ advocates, not everyone is happy about it.

Oct 1, 2024 1:10 AM CDT

Forum shopping happens, but has the Northern District of Texas gone too far?

Since being appointed to the bench in 2019, federal Judge Matthew Kacsmaryk, who sits in the U.S. District Court for the Northern District of Texas in Amarillo, has become known for rulings affecting efforts to ensure minors’ access to birth control and expand LGBTQ+ rights. How does one judge end up handling so many high-profile cases?

Aug 1, 2024 1:00 AM CDT

Federal government warns of an increase in ‘scam PACs’ as election nears

Individuals are doling out their money to people operating “scam PACs”—and there is not sufficient government oversight and enforcement powers to stop them. In November, there will be a hotly disputed presidential election in which individuals may feel compelled to donate on issues related to their concerns or to the candidate they support. A scammer could pretend the money is going to elect Joe Biden or Donald Trump and then pocket it.

Jun 1, 2024 1:10 AM CDT

Baby Steps: Acceptance of compensated surrogacy widens with Michigan law rewrite

Michigan’s new law sets up a streamlined system under which courts must enter a judgment of parentage for the intended parent or parents, provided they follow all of the necessary conditions.

Jun 1, 2024 1:00 AM CDT

Animal rights groups target laws that penalize unauthorized workplace videos

Animal rights groups are going to court to fight “ag-gag” laws, which punish would-be whistleblowers who record activity on farms and at animal procession facilities.

Apr 1, 2024 12:50 AM CDT

New California law placing unhoused individuals with addictions in conservatorships faces questions

Anyone deemed to be “gravely disabled” or suffering from a significant substance abuse disorder can be placed into a conservatorship and institutionalized for an initial 72-hour hold. Longer placements can also happen.

Apr 1, 2024 12:40 AM CDT

Controversial qualified immunity doctrine faces tests in Louisiana

The U.S. Supreme Court has recently declined to hear cases challenging qualified immunity. But legal scholars believe they’ve found inroads to challenging the judicial doctrine, including a transcription error in the text of an 1871 law.

Feb 1, 2024 12:50 AM CST

Law students and future doctors learn about the legal challenges they may face in special seminar

Legal and medical needs often intersect, but future physicians receive little legal training. Only a handful of medical programs offer practical legal training beyond the required theoretical ethics and jurisprudence classes. These programs include training on being deposed, learning how to be an expert witness before Congress and completing a monthlong rotation in a law clinic to work on health equity issues.

Feb 1, 2024 12:40 AM CST

Does artificial intelligence discriminate in child neglect case assessments?

When Andrew and Lauren Hackney followed their doctor’s advice in caring for their baby, the Pennsylvania parents never dreamed it would lead to losing custody of their 7-month-old daughter—or that their heartbreak would be at the center of a U.S. Department of Justice investigation.

Dec 1, 2023 1:00 AM CST

Legal sports betting creates more work for lawyers and invites scrutiny of gambling industry

Now that sports gambling has been brought into the light, perhaps the biggest change for the legal world is to identify and eliminate the kind of chicanery that might have no remedy on the illegal market.

Dec 1, 2023 12:50 AM CST

Police shootings of dogs spark Fourth Amendment lawsuits, challenges to qualified immunity

An estimated 10,000 dogs are fatally shot by U.S. law enforcement officers each year, according to the Department of Justice. Some incidents result in lawsuits citing Fourth Amendment violations, including unreasonable search and seizure, and challenge an officer’s immunity. Some generate settlements of more than $1 million.

Oct 24, 2023 1:30 PM CDT

The goal of DEI is not without legal risk for corporate America

Implementing DEI-related goals can be challenging, as institutions—including law firms across the country—attempt to change their cultures from within. The move is also not without potential legal risks, as several U.S. corporations have learned.

Oct 1, 2023 2:10 AM CDT