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Poker: A Game of Skill or a Game of Chance?

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Poker

On August 21, 2012, in the United States District Court for the Eastern District of New York, Judge Jack Weinstein ruled that poker is a game of skill that is not covered under the federal Illegal Gambling Business Act (“IGBA”). Issuing a 120-page decision, Judge Weinstein reversed the jury conviction of Lawrence Dicritina (“Defendant”), finding that Congress did not clearly intend to criminalize poker when it passed the IGBA.

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Flying Solo Without a License: The Right of Pro Se Defendants to Crash and Burn

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Commuter Train

Flying Solo Without a Licence: The Right of Pro Se Defendants to Crash and Burn explores the ramifications of self-representation, supporting a substantial need for greater restriction on the right and standardization of procedure to provide guidance for courts and eradicate inconsistent treatment of pro se defendants.

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Ambiguity in the Realm of Defamation: Rhetorical Hyperbole or Provable Falsity?

By   /  June 1, 2012  /  1st Amendment, Constitutional Law 

Gavel with Flag

Ambiguity in the Realm of Defamation: Rhetorical Hyperbole or Provable Falsity? discusses the recent case of Gorilla v. New York Times in which the Supreme Court of New York, Kings County held that statements made by employees concerning their work environment were not defamatory because when viewed in context the statements appeared to be mere opinions. The case note goes on to explore the seminal differences between New York and federal law with regard to a prominent issue surrounding claims for defamation–whether alleged defamatory statements constitute fact or opinion. The case note examines the different methods used by jurisdictions to distinguish fact from opinion in an effort to preserve the integrity of one’s reputation while simultaneously upholding traditional free speech protections.

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