JURIST

JANUARY 12, 2022

The legislature has yet to amend the law, which requires a mandatory sentence of at least 30 years without parole for juveniles and adults convicted under certain homicide statutes. Alabama : the juvenile’s age and immaturity, the juveniles family home environment, the circumstances of the offense, peer pressure and legal naivete.

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Court Statute Legal Legal 197

JURIST

JUNE 27, 2023

The plaintiffs allege that this provision violates the Virginia Readmission Act , a law passed in 1870 alongside a series of statutes to readmit representatives from former Confederate states to Congress. The case concerns a provision of the state constitution that automatically disenfranchises a person with any felony conviction.

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Felony Statute Litigation Litigating 197

SCOTUSBlog

FEBRUARY 23, 2022

Texas was another instance of a common jurisprudential problem for the justices: how should a modern court, largely devoted to textualism in its statutory interpretation, deal with cases about Native American tribes, which traditionally have depended on historical and contextual understandings only weakly linked to the text of the statute.

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Statute Drafting Government Court 94

Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. The USPTO is now seeking comments on where the office should be located — and the methodology it should use in selecting a location. [ Fed Reg ].

Statute 63

Statute Government 63

SCOTUSBlog

FEBRUARY 21, 2022

States subject to Cabazon Band were entitled (under a federal statute referred to as Public Law 280) to prevent the prohibited types of gambling even on reservations, but they cannot enforce their regulatory regimes against those types of gambling that are regulated but not prohibited. Three provisions of the Restoration Act are relevant.

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Statute Government Court Decisions Laws 113

JonathanTurley

DECEMBER 7, 2023

The New York Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. The Times ran an article “A Fourth Alabama Player Was at a Deadly Shooting, in a Car Hit by Bullets.” We have previously discussed retraction statutes that can limit damages or actions.

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Punitive Damages Sports Statute Contract 40

The Crime Report

SEPTEMBER 20, 2022

Juvenile Court jurisdiction should be based on a young person’s age at the time of their offense, replacing statutes in some states that kick a juvenile case up to adult criminal court when a person turns 18 during the course of court proceedings, according to a forthcoming essay in the Villanova Law Review. Photo by peretzpup via Flickr.

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Court Statute Legal Legal 111

The Crime Report

JUNE 2, 2021

The department pointed to the Arizona statute allowing a defendant sentenced to death to choose between lethal injection or lethal gas at least 20 days before the execution date. Lethal gas is permitted for executions in six other states: Alabama, California, Mississippi, Missouri, Oklahoma and Wyoming.

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Statute Legal Legal Court 98

SCOTUSBlog

JUNE 8, 2023

United States , which limits the scope of identity theft under a federal criminal statute. “I Now, we both agree and disagree with Alabama,” he says about the state’s appeal, which includes broader arguments seeking to limit the scope of Section 2. We will not adopt the change to existing law Alabama seeks,” the chief says.

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Entertainment Lawyer Lawyers Court 83

SCOTUSBlog

SEPTEMBER 29, 2023

Fitzgerald , the Supreme Court ruled that a 2017 law that imposes higher fees on bankruptcy filers in 48 states than in North Carolina and Alabama violated the requirement, imposed by the Constitution, that Congress provide uniform bankruptcy laws throughout the United States. In 2022, in Siegel v. In Office of the U.S. In Corner Post v.

Calendaring 114

Calendaring Court Statute Court Rules 114

SCOTUSBlog

JUNE 16, 2022

The problem involves the odd history of two of the three Native American tribes that remain in the state of Texas, the petitioner Ysleta del Sur Pueblo (a tiny reservation near El Paso) and the much larger Alabama-Coushatta reservation in East Texas.

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Court Statute Government Laws 93

Constitutional Law Reporter

SEPTEMBER 22, 2021

In Alabama Association of Realtors v. Realtor associations and rental property managers in Alabama and Georgia sued to enjoin the CDC’s moratorium. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”. Department of Health and Human Services , 594 U.S. _ (2021), the U.S.

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Court Statute Constitutional Law Government 105

SCOTUSBlog

JUNE 14, 2022

Caster ), a challenge to the congressional redistricting plan that Alabama adopted after the 2020 census. Court of Appeals for the 9th Circuit used the correct test to determine whether wetlands are “waters of the United States” for purposes of the Clean Water Act. 4, the justices will hear argument in Merrill v. Goertz (Oct.

Calendaring 87

Calendaring Statute Court Litigation 87

LettersBlogatory

SEPTEMBER 1, 2021

The order , issued on August 31, is meant to reimpose restrictions in light of the Supreme Court’s recent decision in Alabama Association of Realtors v. The Boston Public Health Commission was created by statute, Chapter 147 of the Acts of 1995.

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Statute Laws Court Legal 52

SCOTUSBlog

FEBRUARY 22, 2022

The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. And the key practical effect is whether the Ysleta del Sur Pueblo and the Alabama-Coushatta tribes may operate bingo games on their reservations.

Entertainment 103

Entertainment Court Statute Laws 103

JURIST

JUNE 24, 2023

” The states of Texas and Louisiana originally filed their lawsuit against the federal government in 2021, saying: The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so. Secretary of Homeland Security Alejandro N.

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Immigration Court Rules Court Statute 211

Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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Statute Technology Legal Legal 40

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

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Government Statute Court Cause of Action 80

SCOTUSBlog

MAY 24, 2023

The statute was amended in 1950 to remove burglary from the list, and in 1968 it was amended to add rape and murder, in part because a federal civil rights commission noted the omission of such serious felonies from the list. Alabama , she contends that it was error not to receive the newly proffered mitigating evidence.

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Immigration Court Felony Statute 93

Broadcast Law Blog

DECEMBER 9, 2016

As most radio stations don’t have individuals at their stations familiar with music licensing practices, it is difficult to imagine the small station in Ottumwa, Iowa or Elko, Nevada, or Dothan, Alabama each negotiating with all of the songwriter representatives.

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Statute Education Litigation Litigating 56

JURIST

FEBRUARY 15, 2024

The Alabama Senate approved a bill on Wednesday that puts a politically-appointed board in charge of the Alabama Department of Archives and History (ADAH), as well as a bill that makes it easier for municipalities to fire members of a local library’s board of directors.

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Government Statute Attorney Laws 223

The Crime Report

JANUARY 13, 2023

There’s nothing in any of the statutes that say, ‘If an agency doesn’t do this within 30 days, the secretary can fine them $500 or penalize them.’ It is incumbent upon the agencies themselves to comply with these statutes.”. We don’t have any stick,” Newsome said.

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Attorney Litigation Litigating Depose 105

JonathanTurley

FEBRUARY 7, 2023

Alabama , 219 U.S. ” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. Alabama , 219 U.S. ” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. Andrew Koppelman, Forced Labor: A Thirteenth Amendment Defense of Abortion , 84 Nw.

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Court Laws Statute Contract 46

HowAppealing

APRIL 15, 2021

“Alabama woman’s case becomes test of federal anti-riot law; The Justice Department dispatched its top terror prosecutor to defend a statute the Trump administration turned to in its fight against violence at racial justice protests”: Josh Gerstein of Politico has this report.

Statute 100

Statute Laws 100

SCOTUSBlog

JUNE 29, 2023

Legal Services Alabama, Inc. , Securities and Exchange Commission , 22-991 Issue : Whether, under special review statute 15 U.S.C. § That last case, United States v. CVSG: 5/18/2023 (relisted after the June 22 conference) Davis v. relisted after the June 22 conference) Jarkesy v.

Immigration 74

Immigration Court Government Laws 74

SCOTUSBlog

OCTOBER 30, 2022

Milligan , which asks whether Alabama violated the Voting Rights Act by gerrymandering Black voters in a way that minimizes their ability to elect their chosen candidates. 9, another remedial statute is at risk. The case was Merrill v. In Haaland v.

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Court Constitutional Law Statute Education 97

Strictly Business

OCTOBER 30, 2017

Additionally, there are a number of federal statutes that apply to specific business activities that implicate data privacy issues. Similarly, all states, excluding Alabama and South Dakota, have adopted legislation requiring businesses to notify individuals if their personally identifiable information has been subject to a security breach.

Laws 52

Laws Government Litigation Litigating 52

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct.

Tort 36

Tort Litigation Litigating Manufacturing 36

Constitutional Law Reporter

NOVEMBER 29, 2023

Marshall : The case arises out of the seizure and retention of the plaintiffs’ vehicles under Alabama’s Civil Asset Forfeiture (CAF) statute. While the plaintiffs ultimately prevailed on summary judgment by asserting the innocent owner defense available under the Alabama statute, the court process took almost a year.

Constitutional Law 52

Constitutional Law Statute Government Court 52

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct.

Tort 37

Tort Litigation Litigating Manufacturing 37

SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. Coinbase asserts that this situation arises frequently, and it argues that the circuits are divided: While the U.S.

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Court Contract Government Statute 98

SCOTUSBlog

JUNE 8, 2023

Alabama , involving a claim by a woman on death row that she should have been allowed to present evidence of her good behavior in prison during a resentencing proceeding. But the agency took no action to investigate or correct the disputed information, in violation of the statute. But it denied review in Leavell-Keaton v.

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Court Government Statute Laws 62

SCOTUSBlog

DECEMBER 31, 2020

Boynton went on to spend his career as a civil rights lawyer (even though his home state of Alabama refused to give him a law license for six years because of his involvement in the Supreme Court case). Virginia , the court did find the statute unconstitutional. Just two months later, in Loving v. Drew Saunders Days III. 15, 2020).

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Court Lawyer Lawyers Administrative Assistant 116

SCOTUSBlog

MAY 18, 2023

The court’s grant suggests the court may be poised to narrow the scope of standing for members of Congress to sue to enforce statutes. The court also denied review to the state of Alabama in Hamm v. The court also noted probable jurisdiction for a one-time relist of a mandatory appeal in a redistricting case, Alexander v.

Administrative Law 71

Administrative Law Court Depositions Contract 71

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Oceana, Inc. Ross , No. 1:12-cv-00041 (D.D.C.

Cause of Action 96

Cause of Action Court Government Litigation 96

SCOTUSBlog

MARCH 23, 2023

Two death penalty cases The state of Alabama sentenced Kenneth Eugene Smith, the respondent in Hamm v. Smith challenged Alabama’s lethal injection process as unconstitutionally cruel and unusual, and he proposed nitrogen hypoxia as an alternative means of execution under the Supreme Court’s procedures for method-of-execution claims.

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Court Government Laws Statute 90

SCOTUSBlog

JUNE 1, 2023

The government argues that the court usually grants review when a court of appeals has invalidated the application of a federal statute, and that the court granted review in both Iancu v. That court dismissed the claim on the merits because it was filed after the two-year statute of limitations had expired. On appeal, the U.S.

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Government Court Statute Law Firm 79