You booze, you lose; NYC seizure of autos in first time DUI cases may grease skids for federal bill encouraging forfeiture

Article Abstract:

New York City has begun taking the vehicles of those facing a first drunk driving charge, and other jurisdictions have similar policies for repeat offenders. Because forfeiture is a civil remedy with a lesser burden of proof, defendants could lose their vehicles even if they are absolved of a drunk driving charge. The federal bill would apply only to repeat offenders and encourage state policies on automobile forfeiture by including it as one of the options for states trying to qualify for federal highway safety funds.

Cases, Remedies, Searches and seizures, Drunk driving, Driving while intoxicated

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Escape from arbitration; sticking point in adhesion contracts ruled 'unfair.'

Article Abstract:

The US Court of Appeals for the 4th Circuit refused in Hooters of America v. Phillips to enforce the company's binding arbitration program, finding the contract provisions to be unfair, and this is but one example of several such rulings. Contractual arbitration provisions that must be signed as a condition to employment or other employee benefits are attracting particular scrutiny by the courts.

Interpretation and construction, Labor contracts

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Mixing it up with Miranda; 4th Circuit, conservative groups back 1968 law overturning rule on warnings

Article Abstract:

The US Court of Appeals for the 4th Circuit ruled in United States v. Dickerson ruled that a 1968 federal law passed shortly after United States v. Miranda had overturned the decision that police must inform suspects of their rights. The Washington Legal Foundation and the Safe Streets Coalition were responsible for an amicus curiae brief on which the court cased its ruling.

Laws, regulations and rules, Right to counsel, Miranda rule, Self-incrimination, Self incrimination

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