You are here:  Home  >  Articles by Stefan Josephs

The Federal Retreat from Protecting Defendants from Tainted Show-Up Identifications and the Superiority of New York’s Approach

By   /  June 2, 2014  /  Constitutional Law, Featured 

Gavel 3

Manuel Chuyn, the defendant, was charged with two counts of third degree assault and one count of second degree burglary. The defendant moved to reopen a Wade hearing to determine whether three eye witnesses’ pretrial show-up identifications of the defendant should be suppressed. The defendant further moved to have each witness testify at the hearing, if reopened.

Read More →

Determining the Location of Injury for New York’s Long Arm Statute in an Infringement Claim

By   /  January 9, 2014  /  Featured, Intellectual Property 

Scales of Justice

The Internet’s explosive growth has pressed the courts to address novel issues and revisit some well-settled ones. In particular, the Internet’s universal accessibility and revolutionary communication capabilities have necessitated the development of new mechanisms to determine jurisdiction. Additionally, doubt has been cast over the effectiveness of copyright and trademark protections, as the Internet has contributed to dramatic increases in infringement. As a result, courts seem intent on focusing on the Internet in personal jurisdiction and copyright infringement analyses, thereby shifting attention from important factors and leaving some issues unsettled.

Read More →