Conflict of Laws

DECEMBER 21, 2023

It contains the following contributions: ESSAYS Mareike Schmidt, Kulturalität der Rechtsanwendung und internationale Rechtsvereinheitlichung – Überlegungen am Beispiel des UN-Kaufrechts, 643–671, DOI: [link] Cultural Dimensions in the Application of Law and International Unification of Law – The Example of the CISG. –

Contract 57

Contract Constitutional Law Laws Legal 57

Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. In Wilkins v. United States , 598 U.S. _ (2023), the U.S.

Government 52

Government Statute Entertainment Constitutional Law 52

Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Please check back for updates.

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Government Statute Court Legal 59

Constitutional Law Reporter

FEBRUARY 16, 2023

89 (1990), while the Court presumes that federal statutes of limitations are subject to equitable tolling, this presumption may be rebutted if equitable tolling is inconsistent with the statutory scheme. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. Multiple States, including Pennsylvania and Wisconsin, argue that the common law does not apply because the abandoned proceeds of the Disputed Instruments are governed by the Disposition of Abandoned Money Orders and Traveler’s Checks Act. New Jersey , 379 U.S.

Constitutional Law 59

Constitutional Law Court Statute Government 59

Constitutional Law Reporter

JULY 19, 2023

18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. Counterman’s messages put C.W. in fear and upended her daily existence: C.W.

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Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right.

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Court Cause of Action Government Court Rules 52

Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.

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Court Constitutional Law Entertainment Administrative Law 52

Constitutional Law Reporter

MARCH 14, 2023

. “By doing so, Congress cut from the statute the strongest textual hook counseling against the outcome in Strang,” she wrote. ” The post Supreme Court Holds Debts Incurred by Fraud Are Ineligible for Bankruptcy Relief appeared first on Constitutional Law Reporter.

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Court Constitutional Law Statute Court Decisions 52

Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” In Durbin v.

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Statute Healthcare Court Constitutional Law 52

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] 6] This is wrong.

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Contract Cause of Action Court Laws 98

SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. 1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights.

Litigation 96

Litigation Litigating Statute Constitutional Law 96

Constitutional Law Reporter

JULY 12, 2023

The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. 1231(a)(2) ).

Immigration 52

Immigration Court Rules Court Entertainment 52

Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan. The Court first addressed the threshold issue of standing, concluding that at least Missouri had the right to challenge the student loan forgiveness program. “The

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Court Education Constitutional Law Drafting 52

JonathanTurley

FEBRUARY 7, 2023

The theory runs against the text, history, and case law of the Thirteenth Amendment. The court came to this question by a rather circuitous route. That academic attention is generally a reference to a 1990 Northwestern University Law Review article, which is cited by the Court in its order. 22, 2020. .”

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Constitutional Law Reporter

JULY 25, 2023

The law defines “public accommodation” broadly to include almost every public-facing business in the State. Either state officials or private citizens may bring actions to enforce the law, and a variety of penalties can follow any violation. Today, this court shrinks.” to reserve from all official control.” Until today.

Court 52

Court Government Constitutional Law Statute 52

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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Court Rules Contract Laws Court 38

Constitutional Law Reporter

JUNE 9, 2022

1255 , which would have made Patel and his wife lawful permanent residents. Patel argued before an Immigration Judge that he had mistakenly checked the “citizen” box on the state application and thus lacked the subjective intent necessary to violate the federal statute. No court may even hear the case. Not anymore.

Immigration 52

Immigration Court Statute Government 52

JonathanTurley

NOVEMBER 12, 2021

Supreme Court Justice Oliver Wendell Holmes once wrote that “hard cases make bad law.” Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too.

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Court Statute Small Business Lawyer 39

JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects.

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Lawyer Lawyers Laws Law School 38

ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The Supreme Court also noted the testimony of the defendant’s expert on nonviolent resistance “that peaceful civil disobedience is essential to combating climate change.”

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Court Litigation Litigating Government 40

SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Twelve governors write similarly that the court’s abortion precedent represents an “intrusion into the sovereign sphere of the States.” 1 in support of that law.

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