Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Alex Mills, Party Autonomy in Private International Law (CUP, 2018) p. The parties also agreed that English law should be the governing law.

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JURIST

NOVEMBER 4, 2022

Sharon Basch is an Israeli American who spent the last two years living in Israel before starting her JD at the University of Pittsburgh School of Law. After years of government instability, Israeli voters gave Benjamin “Bibi” Netanyahu an incredible comeback after being ousted last year.

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The Crime Report

AUGUST 18, 2022

Not all transgender people experience dysphoria, but the decision is a significant milestone in case law as discrimination protections and medical rights for transgender people are being challenged across the country. If it does, it’s a disability under the law. The case will first return to lower court.

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JURIST

DECEMBER 5, 2021

The US Court of Appeals for the Sixth Circuit affirmed a government ban on firearm accessories known as bump stocks, a device that modifies semi-automatic rifles to fire more rapidly, in Gun Owners of Am., This ruling overturned a district court ruling to the contrary. Garland Friday.

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JURIST

MAY 27, 2024

JP Leskovich is a rising 3L at the University of Pittsburgh School of Law and JURIST’s News Managing Editor. This is the third in a series of dispatches he’s filed as an embedded reporter for JURIST at the Model Constitutional Convention sponsored by the Center for Constitutional Design at ASU Law. New London.

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JURIST

JUNE 27, 2023

The US Supreme Court ruled Tuesday in Moore v. The theory stipulates that state legislatures retain exclusive authority over the administration of elections; therefore, state courts are not allowed to intervene, even if the law in question violates the state constitution. Reno and Cooper v.

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The Crime Report

NOVEMBER 8, 2022

The Supreme Court ruling striking down New York State’s laws requiring permits for carrying a weapon will have a long-term effect on state gun laws, but in the interim it can be used by states to establish tougher gun restrictions, according to a new analysis from RAND Corporation.

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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.

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JURIST

OCTOBER 8, 2021

The European Court of Justice (ECJ) has found that Poland’s Disciplinary Chamber of the Supreme Court acted undemocratically by appointing judges who are not sufficiently neutral, invalidating a Polish court decision. And Poland’s Supreme Court ruled Thursday that Polish law takes supremacy over EU law.

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Conflict of Laws

AUGUST 31, 2023

This blogpost is an edited version of this blogpost written in Dutch by Stichting IJI (The Hague Institute for private international law and foreign law). Furthermore, on July 4 a bill was proposed that encloses several private international law provisions. This blogpost briefly highlights both developments.

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JURIST

JULY 17, 2021

In Janus , the Supreme Court overruled Abood v. The court disagreed and affirmed the lower court ruling stating: Our cases are clear that we may not disregard Supreme Court precedent unless and until it has been overruled by the Court itself. American Federation of State, County, and Municipal Employees.

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SCOTUSBlog

DECEMBER 11, 2020

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. His appeal was unsuccessful.

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ClimateChange-ClimateLaw

APRIL 18, 2023

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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FDA Law Blog

JUNE 7, 2023

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. The cases were both brought under the False Claims Act (FCA), the Civil War-era law that the government uses to claw back funds it pays out to parties that overbill federal programs.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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SCOTUSBlog

NOVEMBER 9, 2021

But when he moved back to Puerto Rico to be closer to his family, Vaello-Madero lost his SSI benefits because, by law, Puerto Rico residents are excluded from the program. On Tuesday, the Supreme Court will hear argument on whether that exclusion violates the Constitution. Two lower courts ruled in favor of Vaello-Madero.

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Conflict of Laws

MAY 6, 2024

Dr Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham; Senior Research Associate; Private International Law in Emerging Countries, University of Johannesburg) We would like to thank Joy Chebet, Law Student at Kenyatta University, for her research assistance and comments.

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The Crime Report

APRIL 27, 2022

Our justice system is supposed to protect such people by assigning them a “legal guardian” —a surrogate decision-maker who acts under the authority of the probate court or of state laws governing guardianships. Abuse of Power. Few police academies provide educational training on legal guardianships.

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SCOTUSBlog

DECEMBER 15, 2021

A Texas state court ruled that the federal law under which Torres brought his suit, the Uniform Services Employment and Re-employment Rights Act , which allows members of the military to sue to remedy employment discrimination based on their service, is unconstitutional. And in LeDure v.

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JURIST

AUGUST 17, 2022

Rabia Shuja holds an LLM in International Human Rights Law from Griffith College, Dublin and is a Staff Correspondent for JURIST in Pakistan. In 1958, Pakistan came under military rule for the first time when President Iskander Mirza abolished the Constitution and declared martial law. She reports from Islamabad. .

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SCOTUSBlog

JUNE 30, 2022

Share This article is part of a symposium on the court’s decision in Dobbs v. Utley professor of health law at Boston University School of Public Health and professor of law at Boston University School of Law. “[T]he Occasionally, “rational basis with teeth” finds laws lack even a legitimate purpose – Lawrence v.

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The Court’s decision was unanimous.

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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At the Lectern

MARCH 7, 2022

” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings. ” The court doesn’t consider whether a plaintiff might succeed in suing for negligent misrepresentation or promissory estoppel.

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Conflict of Laws

JANUARY 11, 2024

This interesting case comment has been kindly provided to the blog by Nicolás Zambrana-Tévar , LLM, PhD, KIMEP University The United States Court of Appeals for the Ninth Circuit has found in favor of Spain as defendant in a property case spanning several decades.

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Conflict of Laws

AUGUST 28, 2023

Liberal societies may be tempted to open up access to same-sex marriage to all, especially when their citizens are involved and regardless of whether the same-sex marriage is permitted under the personal law of the other foreign party. Oppong, Private International Law in Nigeria (Hart Publishing, 2020) pp. 182 ), Richard F.

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SCOTUSBlog

FEBRUARY 2, 2024

Constitution but then “engaged in insurrection or rebellion” against the federal government. Enacted in the wake of the Civil War, Section 3 was intended to disqualify individuals who had served in the federal (or state) government before the Civil War and had sworn to uphold the Constitution but then supported the Confederacy.

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Conflict of Laws

SEPTEMBER 14, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In 2005, China signed the U.N.

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SCOTUSBlog

NOVEMBER 1, 2021

And if the regulation passes muster under current law, the diocese added, the court should consider whether to overrule Smith. “It citizens and residents who are not the ostensible targets of the government’s surveillance.”. The dispute in American Civil Liberties Union v. 11 attacks.

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JonathanTurley

MAY 9, 2021

The family court decision was reviewed by Judges Stan Pritzker, John Egan Jr., They admit that the rock was “not addressed by family court or the attorney for the child, the mother’s testimony at the hearing, as well as an exhibit admitted into evidence.” However, the mother’s home was left as the child’s residence.

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SCOTUSBlog

DECEMBER 7, 2022

Although some justices appeared receptive to that theory during nearly three hours of argument, it was not clear that there was a majority to endorse it, even as other justices focused on a narrower version of the theory that would preserve at least some role for state courts in enforcing state laws or the state constitution.

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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. Thomas noted that the federal government continues to claim the authority while simultaneously saying that it will not enforce it.

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JonathanTurley

JULY 4, 2022

After major rulings on gun rights, abortion and climate change, Democratic leaders and pundits declared the court to be “illegitimate.” Madison in 1803, when the court ruled that it must be the final arbiter of what the law means. For example, after the court ruled in Worcester v.

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

The court ruled that the failure to set specific mitigation measures to slow climate change, in accordance with the state’s obligations under European and international law, is unlawful and infringes the plaintiffs’ right to a favorable environment. 2022 Prague Municipal Court Decision. Background to the claim.

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