ClimateChange-ClimateLaw

SEPTEMBER 11, 2023

Furthermore, the draft plan being debated at the time contained a 23% reduction target for GHG emissions, which plaintiffs argued did not align with the long-term goals of the Paris Agreement. Therefore, they requested the Supreme Court to declare parts of the PNIEC that didn’t meet the criteria null. Spain I and Greenpeace v.

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Litigation Litigating Government Drafting 137

FDA Law Blog

SEPTEMBER 30, 2021

Notably, FDA recently extended the time period for states to sign the MOU until October 2022, at which time FDA would commence enforcement of its provisions. FDA’s MOU drafts were the subject of various iterations over the past two decades, evoking comments from thousands of interested parties. To date, two states have signed the MOU.

Court 98

Court Drafting Legal Legal 98

JonathanTurley

MARCH 6, 2023

More recently, the United States Court of Appeals for the Sixth Circuit ruled in favor of the defendant in Wood v. The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. In 1971, the Court ruled in Cohen v.

Court Rules 33

Court Rules Court Drafting Laws 33

Conflict of Laws

FEBRUARY 15, 2023

A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

DECEMBER 17, 2022

rendered in May 2022 by the Supreme Court of the USA illustrates that arbitration-favored policy has its boundary, this seems a trend emerging from the laws and legal trends in other jurisdictions. The court ruled that the arbitration clause was invalid and rejected to compel arbitration. [xx]. Sundance Inc. iv] Ibid. [v]

Contract 52

Contract Court Drafting Laws 52

Conflict of Laws

SEPTEMBER 14, 2023

In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). In this post I analyze the final version of the law, noting some of its key provision and identifying changes from the draft, some of which address issues that I had identified. This provision also follows the U.N.

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Drafting Court Laws Government 48

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Instead, we address a gap in the Draft Directive, namely the lack of any provisions on jurisdiction.

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Drafting Diligence Procedural Law Court 52

Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Explanatory Reports.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Explanatory Reports.

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Drafting Laws Litigation Litigating 40

At the Lectern

DECEMBER 10, 2022

After requesting and receiving an informal response to the petition from the Court of Appeal, the Supreme Court yesterday issued an alternative writ directing Division Two “(i) to vacate its. ” The same day, the Court of Appeal changed the reply brief due date to December 16. Doe (2022) 12 Cal.5th

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Court Calendaring Drafting Statute 45

Conflict of Laws

JUNE 29, 2023

More importantly, the court considered the requirement of a “real connecting link” in the context of Art. The court ruled that in unfair competition law disputes of contractual nature the establishment of such a link must be based on the content of the measure sought, not merely its effects. 35 of the Brussels Ibis Regulation.

Tort 52

Tort Court Laws Procedural Law 52

Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. 1 of December 2018 (available here ).

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Explanatory Reports. Bibliography.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

NOVEMBER 23, 2021

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022 , planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Garcimartín Alférez, Francisco; Saumier, Geneviève.

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Drafting Laws Litigation Litigating 52

Attorney at Work

OCTOBER 11, 2022

Joint Formal Opinion 2022-300 addresses ethical considerations in the handling of several related forms of billing for services: flat fees, earned upon receipt, and nonrefundable fees. Nevertheless, lawyers do not work for free and the Model Rules of Professional Conduct provide that lawyers are entitled to earned compensation.

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Lawyer Lawyers Legal Services Depositions 104

Conflict of Laws

FEBRUARY 16, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 16 February 2022: New entries are printed bold. Nygh, Peter; Pocar, Fausto.

Drafting 52

Drafting Laws Litigation Litigating 52

ClimateChange-ClimateLaw

OCTOBER 18, 2022

On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R 2022 Prague Municipal Court Decision. Guest Commentary: An Unexpected Success for Czech Climate Litigation. Eva Balounová *.

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Litigation Litigating Government Court 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The court concluded that the Freedom of Information Act’s deliberative process privilege shielded the redactions from disclosure. The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. EPA (Supreme Court of Guyana).

Court 55

Court Government Litigation Litigating 55

Customs & International Trade Law

DECEMBER 29, 2023

Binding Ruling Requests An importer of sports equipment retained Diaz Trade Law (DTL) to submit a binding ruling request to CBP. DTL drafted a persuasive binding ruling request and CBP agreed with DTL’s classification and issued a binding ruling reflecting the proposed HTS classification.

Small Business 40

Small Business Laws Drafting Diligence 40

SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. Jackson Women’s Health Organization , David Beckwith published the original Supreme Court abortion leak. In court papers, she was identified only as “L.C.”.

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Court Lawyer Lawyers Law School 87

Conflict of Laws

AUGUST 28, 2023

It is in this broader context that the decision of the Supreme Court of Namibia in Digashu v. GRN (SA 7/2022 and SA 6/2022) [2023] NASC (16 May 2023) decided that same-sex marriages concluded abroad should be recognised in Namibia and that the failure to do so infringes the right of the spouses to dignity and equality.

Contract 57

Contract Immigration Divorce Laws 57

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The FDP’s management of the Ministry of Transportation goes to the heart of the case decided by the Higher Administrative Court Berlin-Brandenburg. The court concurred with this line of argument in its verdict (the details of which are pending as the reasons for the judgment have not yet been published).

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Litigation Litigating Government Court 142

JonathanTurley

NOVEMBER 23, 2022

2111 (2022), the Supreme Court rejected the prior New York law under the Second Amendment to publicly carry firearms for self-defense. The Court held that New York’s “proper cause” licensing regime unconstitutionally infringed this right. Bruen, 142 S. The new decision comes from Judge John Sinatra (W.D.N.Y.) in Christian v.

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Laws Court Entertainment Sports 53

JonathanTurley

JANUARY 3, 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Major decisions on abortion and gun rights are expected by June 2022. That’s what 2022 is likely to be. It recently added to that list.

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Court Litigation Litigating Laws 49

SCOTUSBlog

DECEMBER 6, 2022

It noted that the trial court had concluded that the new map was an “egregious and intentional” partisan gerrymander, “designed to enhance Republican performance, and thereby give a greater voice to those voters than to any others.” The trial court then adopted a new map, drawn by three experts appointed by the court.

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Drafting Court Laws Court Rules 107

SCOTUSBlog

MARCH 20, 2023

Lawyers for those legislators told the justices on Monday that although the North Carolina Supreme Court is reconsidering part of its 2022 ruling, the Supreme Court should nonetheless decide the case before it. 3, a divided state supreme court agreed to rehear the partisan gerrymandering dispute, which it did on March 14.

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Laws Court Lawyer Lawyers 85

SCOTUSBlog

FEBRUARY 2, 2024

In 2022, Georgia officials rebuffed a challenge to U.S. 2022, a court in New Mexico ruled that Couy Griffin could not serve as a county commissioner because he had participated in the Jan. The Supreme Court is scheduled to consider Griffin’s petition for review of the state court’s ruling at its conference on Feb.

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Court Lawyer Lawyers Laws 145

JonathanTurley

JULY 9, 2022

million encounters in just the first half of the 2022 fiscal year , it is hardly hyperbole. While some federal border agents seem in open defiance , the Biden administration narrowly prevailed in the Supreme Court to stop the Trump-era “Stay in Mexico” policy, which could further increase these numbers.

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Immigration Government Court Laws 35

SCOTUSBlog

DECEMBER 1, 2023

Pivotal role at the center of the court During her nearly quarter-century as a justice, O’Connor wrote 645 opinions. In her interview with the Harvard Business Review after leaving the court, she said that “[i]t’s good if you can get agreement among your colleagues” when drafting opinions. Casey stood for 30 years.

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Court Bar Exam Education Government 143