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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Supreme Court’s Decision. . _ (2022), the U.S.

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Court revives DNA evidence case of Texas man on death-row

SCOTUSBlog

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

ClimateChange-ClimateLaw

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The decision has significant implications for future climate litigation claims in Australia. 2021 Federal Court Decision .

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SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change

ClimateChange-ClimateLaw

Brazil: When a court accepts the legally disruptive nature of climate change. On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v.

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Anti-enforcement injunction granted by the New Zealand court

Conflict of Laws

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. Decisions granting an anti-enforcement injunction are “few and far between” ( Ecobank Transnational Inc v Tanoh [2015] EWCA Civ 1309, [2016] 1 WLR 2231, [118]).

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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.