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In “odd” clash of statutory text and habeas precedent, three conservative justices seem undecided

SCOTUSBlog

To recap the issue in the two cases: A 1996 statute, the Anti-Terrorism and Effective Death Penalty Act, bars federal courts from holding evidentiary hearings in habeas corpus cases if a prisoner “has failed to develop the factual basis of a claim in State court [post-conviction] proceedings.” The question raised in Shinn v.

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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Trumpunity: Sunstein Calls For Broader Use Of Defamation Lawsuit To Curtail “Fake News”

JonathanTurley

The threat to the free press is obvious and was the basis for foundational court decisions. The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. Like “disinformation,” it is heavily laden with subjectivity.

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August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Court Said Climate Scientist Provided Sufficient Evidence of Actual Malice for Blog Authors but Not for Publisher. and non-U.S.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. and non-U.S. Zepeda , No.

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March 2018 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. DECISIONS AND SETTLEMENTS. In re: Border Infrastructure Environmental Litigation , No. 22, 2018; consolidated ruling Jan.

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They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars.

The Crime Report

When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. A team of researchers from Arizona State University and John Jay College of Criminal Justice recently received a federal grant to study 1,000 911 calls. Let alone in high-stakes criminal justice situations.”.