SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. Cortada’s painting reminds us that Gideon’s petition started a constitutional debate that is still ongoing.

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Court Constitutional Law Lawyer Lawyers 122

Conflict of Laws

DECEMBER 21, 2023

It contains the following contributions: ESSAYS Mareike Schmidt, Kulturalität der Rechtsanwendung und internationale Rechtsvereinheitlichung – Überlegungen am Beispiel des UN-Kaufrechts, 643–671, DOI: [link] Cultural Dimensions in the Application of Law and International Unification of Law – The Example of the CISG. –

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Contract Constitutional Law Laws Legal 57

JURIST

AUGUST 22, 2021

In a 5-2 decision, the Kenya Court of Appeal on Friday upheld a Kenya High Court decision declaring the Building Bridges Initiative (BBI), a constitutional amendment bill, unconstitutional. The court expressed that the said doctrine limits the amendment power set out in Articles 255-257 of the Constitution.

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Court Constitutional Law Education Court Decisions 104

Constitutional Law Reporter

MARCH 30, 2023

In Simmons , the Supreme Court held that where a defendant’s future dangerousness is at issue, and state law prohibits his release on parole, due process requires that the sentencing jury be informed that the defendant is parole ineligible. The Arizona Supreme Court had previously interpreted Rule 32.1(g)

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Court Court Decisions Laws Constitutional Law 52

JonathanTurley

OCTOBER 1, 2021

Justice Sotomayor participated in the event with law students by Zoom. Sotomayor first told the law students to expect a “huge amount” of disappointment in the law and pointed to “my dissents” as evidence of that struggle. Sotomayor then turned to the recent court decision not to intervene in the Texas abortion case.

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Laws Court Court Decisions Constitutional Law 46

Constitutional Law Reporter

APRIL 25, 2024

The post SCOTUS Rules FBI Must Face Lawsuit Over No-Fly List appeared first on Constitutional Law Reporter. As the case unfolds, the complaint’s allegations will be tested rather than taken as true, and different facts may emerge that may call for a different conclusion.”

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Government Court Constitutional Law Court Decisions 52

Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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Immigration Court Statute Construction 52

Constitutional Law Reporter

DECEMBER 27, 2023

While not binding, lower courts may be influenced by his reasoning. The post SCOTUS Issues Term’s First Decision – Finds ADA Case Moot appeared first on Constitutional Law Reporter. According to Justice Thomas, Laufer’s “claim d[id] not assert a violation of a right under the ADA, much less a violation of her rights.”

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Court Constitutional Law Lawyer Lawyers 52

Constitutional Law Reporter

APRIL 18, 2023

The first clause focuses on “remedies” and sets forth this general rule: “Nothing [in IDEA] shall be construed to restrict” the ability to seek “remedies” under “other Federal laws protecting the rights of children with disabilities.” The Court ultimately concluded that Perez’s interpretation better comported with the statute’s terms. “The

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Compensatory Damages Education Statute Court 59

Constitutional Law Reporter

FEBRUARY 28, 2024

The post Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act appeared first on Constitutional Law Reporter. “Both provisions thus exempt government agencies from the Act’s otherwise-broad definition of ‘person’ for particular reasons in particular contexts,” he emphasized.

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Court Rules Court Cause of Action Statute 52

Constitutional Law Reporter

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. Multiple States, including Pennsylvania and Wisconsin, argue that the common law does not apply because the abandoned proceeds of the Disputed Instruments are governed by the Disposition of Abandoned Money Orders and Traveler’s Checks Act. New Jersey , 379 U.S.

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Constitutional Law Court Statute Government 59

Constitutional Law Reporter

JUNE 22, 2023

The District Court dismissed the suit for failure to state a claim, and the Eighth Circuit affirmed. It held that “[w]here state law recognizes no property interest in surplus proceeds from a tax-foreclosure sale conducted after adequate notice to the owner, there is no unconstitutional taking.”

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Court Real Estate Government Constitutional Law 52

Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.

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Court Constitutional Law Entertainment Administrative Law 52

Constitutional Law Reporter

SEPTEMBER 19, 2023

In support of its decision, the Court cited the FCA’s statutory text and common-law principles, emphasizing that the FCA’s text and common-law roots demonstrate that the FCA’s scienter element refers to a defendant’s knowledge and subjective beliefs.

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Court Constitutional Law Court Rules Court Decisions 52

Constitutional Law Reporter

JULY 19, 2023

Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. It offers ‘enough ‘breathing space’ for protected speech,’ without sacrificing too many of the benefits of enforcing laws against true threats,” Justice Kagan wrote. “As

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Mens Rea Court Constitutional Law Statute 52

Constitutional Law Reporter

SEPTEMBER 25, 2023

In the Grutter , the Court held that the University of Michigan Law School’s race-sensitive admissions program was narrowly tailored because the consideration of race was merely one factor in the decision-making process and individualized consideration was given to each applicant. Bollinger , 539 U.S.

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Court Constitutional Law Education Court Decisions 52

Constitutional Law Reporter

APRIL 10, 2024

For example, because Facebook’s blocking tool operates on a page-wide basis, a court would have to consider whether Freed had engaged in state action with respect to any post on which Lindke wished to comment.

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Constitutional Law Reporter

AUGUST 9, 2023

The Court further advised that courts must apply the test to take into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer.

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Court Construction Constitutional Law Court Decisions 52

Constitutional Law Reporter

MAY 1, 2023

The Supreme Court next addressed the Government’s argument that several prior Court decisions establish that the provision is jurisdictional. According to the majority, none of the three decisions definitively interpreted §2409a(g) as jurisdictional.

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Government Statute Entertainment Constitutional Law 52

Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Please check back for updates.

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Government Statute Court Legal 59

Constitutional Law Reporter

JUNE 26, 2023

Notably, the Court’s narrow decision did not directly address the merit of the Rogers test or when it may be appropriate to apply. The post SCOTUS Sides With Jack Daniels in Dog Toy Trademark Dispute appeared first on Constitutional Law Reporter.

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Court Constitutional Law Court Decisions Laws 59

Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation.

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Court Statute Government Calendaring 59

Constitutional Law Reporter

JUNE 1, 2023

The Texas Court of Criminal Appeals affirmed Reed’s conviction and death sentence. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law. The state trial court denied Reed’s motion, reasoning in part that items Reed sought to test were not preserved through an adequate chain of custody.

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Constitutional Law Reporter

AUGUST 28, 2023

We have found— and Smith points to—no decision barring retrial based on a successful venue or vicinage objection in either the centuries of common law predating the founding or in the early years of practice following ratification,” Justice Alito explained. It thus does not trigger the Double Jeopardy Clause.”

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Court Constitutional Law Court Decisions Laws 52

Constitutional Law Reporter

AUGUST 16, 2023

We have found— and Smith points to—no decision barring retrial based on a successful venue or vicinage objection in either the centuries of common law predating the founding or in the early years of practice following ratification,” Justice Alito explained. It thus does not trigger the Double Jeopardy Clause.”

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Court Constitutional Law Court Decisions Laws 52

Constitutional Law Reporter

FEBRUARY 16, 2023

While the Court acknowledged that “hard and fast limits on retroactive benefits can create harsh results,” it also emphasized that Congress has the power to choose between rules, which prioritize efficiency and predictability, and standards, which prioritize optimal results in individual cases.

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Statute Diligence Court Constitutional Law 52

Constitutional Law Reporter

FEBRUARY 28, 2022

The suit before the Supreme Court alleges that Alabama’s electoral maps are racially gerrymandered in violation of the United States Constitution and/or dilute the votes of Black Alabamians in violation of the Voting Rights Act of 1965.

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Constitutional Law Reporter

MARCH 14, 2023

” The post Supreme Court Holds Debts Incurred by Fraud Are Ineligible for Bankruptcy Relief appeared first on Constitutional Law Reporter. . “The unmistakable implication is that Congress embraced Strang’s holding — so we do too.”

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Court Constitutional Law Statute Court Decisions 52

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 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] 6] This is wrong.

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Contract Cause of Action Court Laws 98

SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. It’s time for Marshall vs. Warren.

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Court Education Constitutional Law Court Decisions 107

At the Lectern

AUGUST 7, 2022

Both opinions applied the standard of review of the federal Antiterrorism and Effective Death Penalty Act, which is highly deferential to state court decisions. The divided decision was in Fauber v. Davis , which comes after the Supreme Court affirmed the death penalty for a 1986 murder ( People v. Fauber (1992) 2 Cal.4th

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Constitutional Law Court Decisions Court Laws 49

Constitutional Law Reporter

MAY 7, 2024

At sentencing, he sought to take advantage of the “safety valve” provision of federal sentencing law, which allows a sentencing court to disregard the statutory minimum if a defendant meets five criteria. Among those is the criminal history requirement, set out in Paragraph (f)(1). The paragraph creates an eligibility checklist.

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Court Laws Construction Constitutional Law 52

Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law.

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Constitutional Law Laws Court Divorce 52

Broadcast Law Blog

MARCH 16, 2017

The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings. The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California.

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Court Constitutional Law Laws Court Decisions 40

JonathanTurley

APRIL 30, 2021

Ohio (a 1969 case that we can discussed much in terms of “violent speech”), the Court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. Ironically, the was a class discussion on free speech and racism. Swers was quoting Clarence Brandenburg from Brandenburg v.

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Education Court Decisions Court Constitutional Law 50

JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Peter Hermes, Kevin Desilet, Samantha Murphy, and John Murphy refused to verify their tax liabilities because they feared criminal prosecution.

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Government Court Legal Legal 41

JonathanTurley

OCTOBER 5, 2021

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration ) in rejecting the much touted lawsuit to give residents a vote in Congress. ” Obviously, this decision would not impact D.C.

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