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NEWS ALERT: U.S. Supreme Court Rules Criminal Pleas of Non-Citizens Vacated, If Counsel Failed to P

News alert: SCOTUS, in Lee vs. U.S., 582 U.S. ____ (2017), ruled that a noncitizen can vacate their criminal plea, if their defense attorney advised the client to accept the plea in lieu of trial, but failed to also properly advise on the immigration consequences of taking such a plea. On June 27, 2017, the Supreme Court of the United States decided that noncitizens can vacate their criminal pleas if they can show (1) their defense attorney provided ineffective assistance of counsel on the immigration consequences of taking a plea, and (2) but-for those errors, the noncitizen would have gone to trial. In Lee v. U.S., the defendant was charged with possession of drugs with the intent to dist

SUPREME COURT RULES 8-0: TRADEMARK DISPARAGEMENT CLAUSE UNCONSTITUTIONAL

The law that called for the cancellation of the NFL Redskins trademark registrations, because the marks were deemed to be disparaging to Native Americans, has been found to be unconstitutional in an 8-0 decision by the United States Supreme Court today. Here, the case at issue was the Federal Circuit’s en banc ruling in Lee v. Tam, which found the Disparagement Clause of the Lanham Act to be a facially unconstitutional prohibition of speech under the First Amendment. The case involved a musical band named THE SLANTS, comprised of Asian-Americans. The band’s trademark application was refused on the basis that it was a violation of Section 2(a) of the Lanham Act, 15 U.S.C. Section 1052(a), a

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