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Qualified Immunity Developments: Not Much Hope Left For Plaintiffs

By   /  April 1, 2014  /  Civil Procedure, Constitutional Law, Featured 

Scales & Gavel

This Article highlights important developments in the qualified immunity defense to Section 1983 claims. The focus is on recent Supreme Court decisions and the fallout from such decisions in the lower courts.

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Municipal Liability and Liability of Supervisors: Litigation Significance of Recent Trends And Developments

By   /  January 14, 2013  /  Civil Rights, Featured, Municipal Law 

City Hall

The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases.

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Impeachment Methods Illustrated: Movies, Novels, and High Profile Cases

By   /  June 1, 2012  /  Civil Procedure, Criminal Procedure, Evidence 

Impeach in Dictionairy

This article will review and illustrate the various methods of impeachment authorized by the law of evidence. The methods fall under seven categories: (1) physical or mental disability relating to an attribute to be a competent witness, (2) bias, (3) convictions, (4) bad or immoral acts, (5) bad character for truth and veracity, (6) prior inconsistent statements, and (7) specific contradiction. This article focuses on the Federal Rules of Evidence, although, in many instances, state rules of impeachment, with some exceptions and variations, are consistent with the federal impeachment rules.

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Trial Evidence 2011: Advocacy, Analysis, & Illustrations

By   /  June 1, 2012  /  Civil Procedure, Criminal Procedure, Evidence 

Evidence Puzzle

This segment will review fundamental evidentiary principles as well as recent developments in evidence law, concentrating on the Federal Rules of Evidence. Many of New York’s evidence principles mirror the Federal Rules. New York is one of the relatively few states that does not have an evidence code; most New York evidence law derives from decisions of the New York courts. While mainly similar, there are some differences between federal evidence law and New York evidence law.

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Ode to Judge Leon D. Lazer

By   /  June 1, 2012  /  Featured, Tribute 

Gavel 4

Honorable Lazer, Leon D.

We’re As Proud As We Can Be

Appellate Division Jurist

Integrity the Purist

Jury Instructions Pattern Chair

New Edition Year to Year

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Wrongful Conviction Claims Under Section 1983

By   /  June 1, 2011  /  Civil Rights, Constitutional Law 

Gavel with Justice Book

During the past decade, a number of studies and articles were published that highlight the rising incidence of wrongful convictions. These studies identified some of the leading causes of the rise in wrongful convictions, including the mishandling of forensic evidence, false confessions, suggestive identification procedures used by the police, and misconduct by prosecutors and other law enforcement agents. Whether a victim of a wrongful conviction may recover damages under 42 U.S.C. § 1983 depends upon the resolution of several issues, some potentially difficult.

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Attorney’s Fees in Civil Rights Cases—October 2009 Term

By   /  June 1, 2011  /  Civil Rights, Constitutional Law 

Justice on Money

In the October 2009 Term, the Supreme Court decided an important case concerning statutory attorney’s fees in civil rights cases. This decision will directly impact the determination of fee applications in federal civil rights cases.

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The Supreme Court 2009 Term Overview and 2010 Term Preview

By   /  June 1, 2011  /  6th Amendment, Constitutional Law, Criminal Procedure, Evidence 

Supreme Court Building

On Monday, June 28, 2010, the Supreme Court completed its fifth year with John Roberts as Chief Justice, its first year with Justice Sonia Sotomayor on the bench, and its thirty-fifth and final Term with Justice John Paul Stevens. This year, the Supreme Court decided seventy-three cases after briefing and oral argument, just a few less than the seventy-six cases decided the year before in the 2008 Term.

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