Constitutional Law Reporter

JUNE 3, 2022

Supreme Court held that the Fifth Circuit Court of Appeals erred in adopting an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice. Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In Morgan v.

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The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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Constitutional Law Reporter

NOVEMBER 2, 2022

Supreme Court heard oral arguments in four cases last week. The Court previously held in Campbell v. Below is a brief summary of the three other cases before the Court: National Pork Producers Council v. Decisions in all of the cases are expected before the Court’s term concludes in June 2023. Acuff-Rose Music , 510 U.S.

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Constitutional Law Reporter

FEBRUARY 23, 2021

Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. After unsuccessfully seeking compensation in Germany, the heirs brought several common law property claims in U.S. Supreme Court’s Decision.

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Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term.

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SCOTUSBlog

OCTOBER 10, 2022

Share In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear oral argument in a challenge to the constitutionality of the law.

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Paralegal Bootcamp

NOVEMBER 18, 2022

I’m going back to the days when I was a litigation paralegal. The case was over, and the partner in charge of that case was also in charge of the firm’s entire litigation department. If you’re reading this and you were a litigation paralegal in the 90s before eDiscovery became mainstream, you know what I’m talking about.

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Constitutional Law Reporter

MAY 3, 2022

Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. With less than a month until his execution date, and no ruling on his Step 2 grievance, Ramirez filed suit in Federal District Court on August 10, 2021. Supreme Court’s Decision.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling. In Arellano v.

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JonathanTurley

JUNE 23, 2022

As predicted , the Supreme Court handed down a momentous opinion in favor of Second Amendment rights today in New York State Rifle & Pistol Association, Inc. In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. Penal Law § 400.00(2)(f) ” New York Gov.

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Constitutional Law Reporter

MARCH 21, 2022

Supreme Court held that the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. Supreme Court’s Decision. In Cameron v. Facts of the Case.

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Laws Attorney Litigation Litigating 52

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. Supreme Court’s Decision The Supreme Court reversed by a vote of 6-3. In Wilkins v.

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Constitutional Law Reporter

DECEMBER 14, 2022

The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Below is a brief summary of the cases before the Court: Securities and Exchange Commission v.

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Constitutional Law Reporter

MARCH 10, 2022

Supreme Court recently returned to the bench for its February sitting. The issues before the Court involved Native American law and immigration. Below is a brief summary of the cases before the Court: Denezpi v. Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion.

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Constitutional Law Reporter

OCTOBER 18, 2021

Supreme Court will return to the bench on October 4, 2021, and conduct oral arguments in person for the first time since March 2020. New York: A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence.

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Constitutional Law Reporter

JUNE 4, 2021

Supreme Court unanimously held in Carr v. Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court decided Lucia v.

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Statute Administrative Law Entertainment Court 52

JonathanTurley

MARCH 9, 2021

If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week. The Supreme Court has now said enough. Associate Justice Clarence Thomas wrote in Uzuegbunam v.

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Court Rules Court Litigation Litigating 49

Broadcast Law Blog

MARCH 16, 2017

The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. A decision on this issue in any state is binding only in that state. A decision on this issue in any state is binding only in that state.

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Constitutional Law Reporter

APRIL 8, 2021

Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal. Supreme Court’s Decision.

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SCOTUSBlog

JUNE 29, 2022

Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Last week, the juris doctors of the Supreme Court looked at the gun violence epidemic in our country and prescribed more of what we already have in abundance: fear. To whatever extent that point held water in McDonald , it strains credulity here.

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JonathanTurley

OCTOBER 31, 2021

Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s

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Litigation Litigating Government Laws 34

JonathanTurley

JULY 12, 2021

The highlight of the package, though, is a new law allowing people harmed by firearms to sue the manufacturers. Not only does that law face serious constitutional challenges but similar lawsuits brought on similar grounds have failed miserably in the courts. Either way, it is not the law being pitched to the public.

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SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. Bruen does mark a new low for the court.

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JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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JonathanTurley

FEBRUARY 14, 2023

The Supreme Court has held that “to the extent that [congressional officers] serve legislative functions, the performance of which would be immune. The Justice Department has maintained this broader definition in prior litigation declared in 2021 that Pence was shielded by the “speech or debate” clause in a civil lawsuit.

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SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Two decades into his prison term, the Supreme Court decided in Rehaif v. 2255 , which funneled challenges to federal convictions and sentences into a “motion to vacate” before the sentencing court. 922(g) and sentenced to more than 27 years’ incarceration.

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JonathanTurley

MAY 14, 2022

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. If a justice does not believe that the right of abortion is well-founded in the Constitution, I do not believe that this principle should compel him or her to vote to preserve that erroneous precedent.

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Paralegal Bootcamp

DECEMBER 9, 2022

in Alberta, for example, a paralegal is not allowed to represent another person in court, but they can in Ontario or British Columbia. Law Clerk – This term is commonly used in Ontario and denotes someone who does a mix of administrative and substantive tasks, but is usually less substantive than that of a paralegal.

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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]

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Broadcast Law Blog

JUNE 22, 2017

Supreme Court has invalidated the statutory bar against the federal registration of disparaging trademarks, on the ground that it violates the First Amendment and is unconstitutional. Supreme Court Review. The Director of the PTO sought to appeal the Federal Circuit’s ruling to the Supreme Court. History of the Case.

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JonathanTurley

OCTOBER 12, 2021

I recently discussed the Supreme Court’s affirmance of a decision rejecting constitutional arguments that the District of Columbia is entitled to a vote in Congress. I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood. TIME TO GIVE DC RESIDENTS A VOTE IN CONGRESS.

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JonathanTurley

MAY 31, 2021

Some have called for the change to increase diversity in the schools, particularly after California voters refused to change the long ban on affirmative action in education under state law. Here is the column: The Supreme Court will decide early next month whether to take a new case on the use of race in college admissions.

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JonathanTurley

NOVEMBER 16, 2022

” The lack of any definition for those vague terms would weigh heavily with the court in granting the preliminary injunction. ” The court details the conflicting decisions of the college administrators, including the refusal to allow the first pro-life flyer but then a later granting of the posting of a second flyer.

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JonathanTurley

MARCH 10, 2023

The Supreme Court is expected to rule soon on the use of race criteria in the admission of students in Students for Fair Admissions v. For decades, universities have avoided the type of outright quota the court held unconstitutional in Regents of the University of California v. One challenge in litigation could be based on standing.

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Legal Research is Easy

AUGUST 5, 2019

Thing is, these days law and the decisions courts hand down are very much like that. People go to one court, don't get what they want so they go to another court asking for, basically, the same thing. According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. Schempp , 374 U.S.

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