HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G.

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SCOTUSBlog

NOVEMBER 1, 2021

Emami , a challenge to a New York regulation that requires employers to fund abortions through their employee health plans, back to the lower courts for another look. Solicitor General Noel Francisco, went to federal court, arguing that the regulation violates the Constitution. Abortion coverage by employers.

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SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Until Bruen , this judicial interest-balancing test — the “two-part test” — was the prevailing test throughout the lower courts. Joseph Greenlee is the director of constitutional studies at FPC Law.

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Broadcast Law Blog

NOVEMBER 17, 2014

On Friday, the US District Court in the Southern District of NY found that there is a public performance right in pre-1972 sound recordings in that state, following two decisions from California finding a similar right under California law (though on different grounds).

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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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SCOTUSBlog

FEBRUARY 16, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s been a blissful, relist-free month since the court’s last conference. Palmer , which was overseen by a conventional one-judge district court, was decided first. New Relists Garcia v.

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SCOTUSBlog

DECEMBER 31, 2020

A government lawyer who argued at the Supreme Court more than anyone else in the 20th century. As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reasons – to the Supreme Court of the United States.

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SCOTUSBlog

NOVEMBER 9, 2021

While living in New York in 2012, he became seriously ill and was unable to work, so he began receiving Supplemental Security Income, a federal welfare program for people who cannot support themselves. On Tuesday, the Supreme Court will hear argument on whether that exclusion violates the Constitution. The case, United States v.

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SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. See our summary of the NY decision here ). The Utah Court issued an injunction preventing Aereo from operating in Utah until the issue is decided by the Supreme Court. . (See See our summary of the NY decision here ).

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Broadcast Law Blog

APRIL 25, 2013

This week, the Chairman of the US House of Representatives Judiciary Committee issued a press release stating that he intends that the Committee do a thorough reexamination of the Copyright Act , noting that new technologies stemming from digital media have upset many settled expectations in Copyright Law, and confused many issues.

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Conflict of Laws

JANUARY 24, 2022

Jean Mohamed: Die aktienrechtliche actio pro socio im globalen Kontext – Zur Abgrenzung von materiellem Recht und Verfahrensrecht im anglo-amerikanischen Rechtskreis am Beispiel der derivative action in New York. courts for use in foreign proceedings. decision, two key issues remained undecided. While the U.S.

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At the Lectern

NOVEMBER 2, 2021

The New York Times’s Thomas Fuller has also written about the possibility of renaming the law school because of this infamous chapter of Hastings’s past — “ He Unleashed a California Massacre. both honor a deserving California Native American and maintain a connection to the California Supreme Court.

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The Crime Report

JUNE 23, 2022

Report authors highlighted a recent Supreme Court decision in Canada. This month in a landmark decision in R v Bissonnette , the Canadian Supreme unanimously ruled life without parole sentences unconstitutional on the basis that sentences that extend beyond a person’s natural ability to outlive them are cruel and unusual punishments.

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Broadcast Law Blog

OCTOBER 27, 2017

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?

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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. The Museum Thyssen-Bornemisza purchased the painting from the Baron in 1993.

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ClimateChange-ClimateLaw

APRIL 23, 2021

On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. In my view, the court missed the mark, in the main. On this point, the court was absolutely correct.

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ClimateChange-ClimateLaw

APRIL 9, 2021

Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies. The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision.

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SCOTUSBlog

FEBRUARY 23, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. There were no new cert grants from our last installment of relisted cases. But in one of those cases, the court’s denial of review prompted two justices to object. Great Lakes Insurance SE v.

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Broadcast Law Blog

AUGUST 21, 2009

To reach its decision, the Court went through an extensive analysis of both the history of the sound recording copyright and of the details of the criteria used by Launchcast to select music for a stream sent to a specific user. The issue in the case turned on an analysis of the DMCA’s definition of an interactive service.

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ClimateChange-ClimateLaw

MAY 7, 2021

Circuit Decision Vacating Affordable Clean Energy Rule. Supreme Court seeking review of the D.C. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C.

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ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. In a 7-1 decision, the U.S. The Court’s decision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,

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Conflict of Laws

AUGUST 30, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency (EPA) lacked authority to administratively stay portions of new source performance standards for the oil and gas sector for which it had granted requests for reconsideration. The court therefore found that the stay was unauthorized and vacated it.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Third, the court found that BLM used internally inconsistent emission rates. In 2018, the court vacated EPA’s earlier denial of the request.

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Conflict of Laws

APRIL 4, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Conflict of Laws

NOVEMBER 17, 2021

The appellate mechanism conducted by state courts; 2. Appealing mechanism before the court. Appealing mechanism before the court. 2) Albeit parties fail to opt out of such appeals, the court is still afforded with discretion on rejection of a leave to commence such appeal. [iii] Appellate Mechanism in England.

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Conflict of Laws

APRIL 20, 2022

Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304.

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Conflict of Laws

NOVEMBER 23, 2021

The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.

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Conflict of Laws

JANUARY 11, 2022

The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.

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Conflict of Laws

AUGUST 31, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. The Value of a New Judgments Convention for U.S. Bibliography.

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Conflict of Laws

FEBRUARY 15, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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