By Courtney Elliott, Albany Government Law Review
In recent years, courts have had to examine wiretap statutes in relation to recording law enforcement officers during the performance of their job duties. Most Americans now carry at least one mobile device capable of recording audio and video with the simple click of a button. Several commentators have observed that it is now common for citizens to use video cameras to document daily life, as well as police activity. On November 26, 2012, the United States Supreme Court denied certiorari in the case of Alvarez v. ACLU of Illinois, leaving in place a federal appeals court’s injunction against an Illinois anti-eavesdropping law which criminalizes audio recording of part or all of a conversation unless all parties involved agree to the recording.
Continue reading “The Supreme Court’s Refusal to Hear Case Involving the Illinois Eavesdropping Act”
By Thomas Lamb, Albany Government Law Review
ERISA’s Standard for Fiduciaries
In December of 1963, the Studebaker-Packard Corporation shut down its plant in South Bend, Indiana, giving rise to one of the most “glorious stor[ies] of failure in business.” At the time of the plant’s closing, the pension fund for hourly workers was about as broke as the rest of the company. Participants enrolled in Studebaker-Packard’s retirement plan whose benefits had vested received their full pension; but the plan did not have enough funds to honor what it had promised younger participants whose benefits had not yet vested. “Some received a lump-sum payment worth a fraction of the pension they expected, and others got nothing at all.” Thousands of employees were left without compensation for years of contributions, and also without a legal remedy.
Continue reading “Free Floating: Understanding ERISA Requirements Regarding Float Income Derived from Plan Assets”