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9 Oct 2014, 9:12 am
  Here on the Reed Smith side of the blog, three of our core contributors are located in Pennsylvania and California. [read post]
26 Sep 2014, 1:27 pm by Stephen Bilkis
In Smith, the Supreme Court held that, in this second step of the inquiry, a court should be guided by the seven factors which it had first outlined in Kennedy v Mendoza- Martinez: (1) whether the sanction involves an affirmative disability or restraint; (2) whether it has historically been regarded as a punishment; (3) whether it comes into play only upon a finding of scienter; (4) whether its operation will promote traditional aims of punishment-retribution and… [read post]
28 Aug 2014, 4:16 pm by Stephen Bilkis
Indeed, Florida courts, as in Montgomery v State, State v Mason and Smith v State, have held that a nolo contendere plea with adjudication withheld is generally considered a conviction for purposes of determining a defendant's sentence for subsequent convictions. [read post]
18 Jul 2014, 11:33 am by Marty Lederman
  That is simply not how the Court resolved free exercise claims in the generation preceding Smith. [read post]
30 Jun 2014, 4:26 pm by Joey Fishkin
Smith wisely concluded was better left closed. [read post]
26 Jun 2014, 9:01 pm by John Dean
Overview of the No-Fly List The ACLU’s lawsuit, Latif et al v. [read post]