SCOTUSBlog

NOVEMBER 30, 2022

The court ultimately decided Elonis on narrow statutory grounds rather than constitutional ones, holding that “a guilty mind is a necessary element” of the federal threat statute. The Colorado court of appeals affirmed, and the state supreme court denied review. Colorado , 22-138. Another disclosure: I represent Counterman.)

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court heard oral argument on Wednesday in the case of a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on the Facebook messages that he sent to local musician Coles Whalen. Colorado Attorney General Philip Weiser arguing for the state.

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SCOTUSBlog

NOVEMBER 2, 2022

Two other cases involve a dispute involving the Navajo Nation’s rights to Colorado River water. The Colorado River flows through seven southwestern states and the reservations of several Native American tribes, including the Navajo Nation. Abitron Austria GmbH v. Hetronic International, Inc. trademarks. Navajo Nation and Arizona v.

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SCOTUSBlog

MAY 7, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. Guzman Loera v. Ojedokun v.

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SCOTUSBlog

JUNE 22, 2023

Jicarilla Apache Nation , the court held that the United States owes no duty to Indian tribes except those expressly noted in treaties, statutes, or regulations. Following cases such as United States v.

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SCOTUSBlog

MARCH 11, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property. In Wilkins v. United States.

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SCOTUSBlog

APRIL 9, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. The case is Board of County Commissioners of Weld County, Colorado v. Board of County Commissioners of Weld County, Colorado v.

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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The Crime Report

OCTOBER 5, 2021

That’s a lesson worth applying to current strategies addressing the epidemic of gun violence, writes Benjamin Levin , an Associate Professor of Law at the University of Colorado Law School. Benjamin Levin is an Associate Professor of Law at the University of Colorado Law School.

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LawSites

FEBRUARY 26, 2024

Stanford Law School’s Filing Fairness Project which has partnered with state and local court systems and officials in Alaska, California, Colorado, Kansas, Michigan, Texas and Virginia, has helped establish the conditions necessary for the development of sustainable, multistate solutions to filing problems.

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JURIST

MARCH 10, 2023

Colorado Governor Jared Polis Friday signed a bill allowing those who have been convicted of a crime access to post-conviction DNA testing. The bill will take effect in Colorado’s criminal justice system in October 2023. The bill was supported and fully approved by both Houses in February 2023.

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SCOTUSBlog

DECEMBER 7, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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LegalReader

MARCH 16, 2021

The Colorado Catholic Conference has claimed that removing the statute of limitations on institution-targeted lawsuits won't provide true justice.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). By statute, registration is available for “original works of authorship fixed in any tangible medium of expression.”

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SCOTUSBlog

MARCH 17, 2023

Gregory Tucker was a science teacher at Faith Christian Academy, a religious school operated by the nondenominational Faith Bible Chapel in Arvada, Colorado. This week, we highlight cert petitions that ask the court to consider, among other things, at what stage of litigation the ministerial exception should come into play.

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SCOTUSBlog

OCTOBER 22, 2021

Court of Appeals for the 5th Circuit and the Colorado and South Dakota Supreme Courts have considered such long-term surveillance a “search” because it infringes expectation of privacy that society is prepared to recognize as reasonable. In his petition, Tuggle argues that the U.S. Lamoureux v. Bethany Hospice and Palliative Care LLC.

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ClimateChange-ClimateLaw

MAY 23, 2018

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

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Hoban Law Group

JUNE 8, 2021

Food and Drug Administration (FDA), state regulations enforced by applicable state regulatory agencies (like the Colorado Department of Public Health and Environment), organic labeling regulations enforced by the United States Department of Agriculture (USDA), and more. These include federal labeling regulations enforced by the U.S.

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SCOTUSBlog

MARCH 30, 2022

Colorado Civil Rights Commission (relisted 14 times). Issue : Whether the statute of limitations for a 42 U.S.C. There are only a handful of cases that have been relisted more times before being granted, including Dobbs v. relisted after the Jan. 25, March 4, March 18 and March 25 conferences). Goertz , 21-442.

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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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JURIST

FEBRUARY 22, 2022

The court previously addressed these issues in the 2018 case of a Colorado baker who had refused to bake a wedding cake for a same-sex couple, citing his religious beliefs. She intends to post a message to this effect but has not yet done so for fear of violating Colorado’s anti-discrimination ordinance.

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The Crime Report

MAY 4, 2022

Food and Drug Administration-approved medications, herbal remedies, or other non-medical methods “will be falsely arrested on charges of violating abortion bans, homicide laws, and other criminal statutes.

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Constitutional Law Reporter

JULY 25, 2023

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. As the district court correctly held, Colorado may prohibit speech that promotes unlawful activity, including unlawful discrimination,” the court wrote. “As

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JonathanTurley

JANUARY 27, 2023

Jack Phillip, the Colorado baker who brought the challenge in Masterpiece Cakeshop, Ltd. Colorado Civil Rights Commission has again lost an appeal in Colorado state court. The Colorado Court of Appeals ruled on Thursday that the refusal to make the cake requested by Autumn Scardina did not constitute free speech.

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SCOTUSBlog

FEBRUARY 21, 2022

also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. The statute was later amended to allow, in limited situations, tribal court sentences of up to three years. Denezpi, a citizen of the Navajo Nation, is accused of a July 2017 sexual offense against V.Y.,

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LettersBlogatory

SEPTEMBER 26, 2022

But shortly after the Fidelity judgment, Massachusetts adopted the statute. Under the Full Faith and Credit statute, 28 U.S.C. You may ask why Berg and Bedenbaugh brought an action on the judgment instead of simply registering it under the Uniform Enforcement of Foreign Judgments Act. The court found neither applied.

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SCOTUSBlog

SEPTEMBER 21, 2023

He argues that there is a divide among the courts of appeals over whether similar sex-offender regimes place registrants “in custody” for purposes of the habeas statute. Florida , Clements asks the justices to grant review and reverse the 11th Circuit’s ruling. In support, Clements points to a 2019 ruling by the U.S. Clements v.

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JonathanTurley

JULY 27, 2021

Colorado Civil Rights Commission. The case involved Charlie Craig and David Mullins who went to the Colorado cake shop of Jack Phillips to order a cake celebrating their earlier marriage in Massachusetts. The Colorado Civil Rights Division referred the case to the state’s Civil Rights Commission, which ruled against Phillips.

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.”

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JonathanTurley

OCTOBER 15, 2022

There is a bizarre political controversy out of Colorado that may raise some interesting defamation and criminal law questions. Both the Colorado GOP and Rep. Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases.

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SCOTUSBlog

OCTOBER 30, 2022

9, another remedial statute is at risk. That’s the case of a Colorado website designer who doesn’t want to create wedding websites for same-sex couples, despite a state law that forbids businesses from discriminating against LGBTQ people. In Haaland v. And then there is 303 Creative LLC v.

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The Crime Report

JULY 15, 2022

States can and should ensure such statutes provide extensive due process protections. The only other provision that has the potential to limit currently legal gun ownership is the incentive funding for states to enact red-flag laws, which recognizes the primary role of state policymakers to tailor gun laws.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.

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The Crime Report

NOVEMBER 23, 2021

19, members of the Colorado Sex Offender Management Board (SOMB ) took a critical first step in altering the language used to label those convicted of a sexual offense while in treatment towards a “person-first” perspective. But a second image shows a shadowy figure within the graphic of the Colorado state flag. Last week, on Nov.

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LawSites

DECEMBER 29, 2021

And it is true that other states continue to look at various reform measures along these same lines, including Colorado, North Carolina and Illinois. This year, it opened the proposal to public comment , with the expectation that the state’s supreme court will vote on it sometime in 2022.

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The Crime Report

DECEMBER 13, 2021

The figures show that changing public attitudes and the growing number of states outlawing executions –Colorado became the 19 th state to abolish the death penalty in 2020—have combined to steadily reduce the use of capital punishment in the U.S. Supreme Court invalidated capital punishment statutes in several states in Furman v.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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