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Samuel B. Goldberg

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Civil Rights

Felony voting disenfranchisement
The National Voter Registration Act of 1993 includes a provision that allows states to "disenfranchise" or take away the voting privileges of persons who have been convicted of a felony. The Fourteenth Amendment to the Constitution gives states the authority to decide whether or not to deny the right to vote to persons who have been convicted of a felonious offense. Accordingly, a convicted felon or an ex-felon may or may not be able to register to vote in his or her state of residence. More...
Internet and Telephone Surveillance After September 11, 2001
A federal court has ruled that the Internet and telephone surveillance provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) were unconstitutionally broad. Specifically, the federal court rejected the provision that permitted the Federal Bureau of Investigation to demand Internet usage records from Internet Service Providers and other communications firms, without first obtaining a warrant issued by a court. The Security and Freedom Ensured Act (SAFE Act) has been proposed as a bipartisan measure to restrict some of the surveillance and monitoring powers granted to the federal government by the USA PATRIOT Act. More...
Disparate Treatment in the Employment of the Disabled
Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination in the workplace on the basis of an employee or a job applicant's disability. Specifically, the ADA protects a "qualified individual with a disability." In considering a disparate treatment claim by an employee with a disability, courts seek to determine whether the disabled employee was treated less favorably than other employees who were not disabled. More...
The Bipartisan Campaign Finance Reform Act of 2002
The Bipartisan Campaign Finance Reform Act of 2002 (BCRA) was passed to ban so-called "soft money" financial donations to political candidates and national political parties; generally, such donations are substantial and are made by wealthy individuals, corporations, labor unions, or special interest groups. BCRA prevents corporations, advocacy groups, and labors unions, as well as any groups funded by either, from broadcasting "issue ads" on television and radio within 30 days of a primary election and within 60 days of a general election. More...
Race Discrimination Claims under § 1981
Section 1981 of the Civil Rights Act of 1866 prohibits racial discrimination in making and enforcing contracts. Section 1981 protects an individual from racial discrimination not only in making and enforcing contracts, but also in participating in lawsuits and in giving evidence. For example, § 1981 has been applied to enforce contracts of employment, including contractual relationships of at-will employment. In 1991, Congress passed the Civil Rights Act of 1991. In so doing, Congress amended § 1981 by adding § 1981(b) to cover claims of racially discriminatory termination. More...

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