Apr 17, 2007 | Case Comments, Number 3, Print Edition, Volume 40
The federal honest services fraud statute proscribes the use of mail or wires to execute a scheme depriving another of the right of honest services. In the private sector, federal courts generally recognize honest services fraud where an employee or agent, using the...
Apr 17, 2007 | Case Comments, Number 3, Print Edition, Volume 40
The DNA Backlog Elimination Act of 2000 (DNA Act) requires convicted felons to submit DNA samples to law enforcement for entry into the Combined DNA Index System Database (CODIS). The Fourth Amendment protects individuals from searches that are deemed unreasonable. ...
Apr 17, 2007 | Case Comments, Number 3, Print Edition, Volume 40
The Fair Labor Standards Act of 1938 (FLSA) is a federal statute governing overtime, minimum wages, recordkeeping, and child labor standards that affect workers in both the public and private sectors. The FLSA requires employee compensation for activities performed...
Apr 17, 2007 | Case Comments, Number 3, Print Edition, Volume 40
The First Amendment of the United States Constitution prohibits Congress from interfering with an individual’s right to free speech and free exercise of religion. While acknowledging that freedom of speech occupies a “preferred position” in constitutional...
Apr 17, 2007 | Case Comments, Number 3, Print Edition, Volume 40
In 1986, Congress amended the criminal code to make the use of a firearm in relation to a drug trafficking crime separately punishable by up to thirty years imprisonment. The Supreme Court subsequently held that bartering firearms in exchange for drugs constituted...