JonathanTurley

NOVEMBER 18, 2022

In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. In that case, the Supreme Court ruled in favor of public high school teacher Marvin Pickering, who wrote a letter to the local newspaper criticizing a school board’s allocation of funding for athletic programs.

Punitive Damages 38

Punitive Damages Compensatory Damages Education Sports 38

JonathanTurley

DECEMBER 19, 2021

I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. City of Chicago , in which the Court declared that that right is incorporated against state and local government.

Manufacturing 27

Manufacturing Laws Litigation Litigating 27

JonathanTurley

NOVEMBER 22, 2022

Boebert and Carlson are outspoken in their opposition to gender transitioning for children, transgender athletes competing in girl’s sporting event, and other current controversies. It would also not pass constitutional muster, in my view. The most obvious form of civil liability would be some type of tort action.

Tort 44

Tort Court Rules Sports Court 44

JonathanTurley

JANUARY 25, 2021

Or you watch a football game with friends and try to explain that the cameraman wiped out by the running back would have a great torts case. It will be a fun bit of trivia for constitutional law geeks, but it was also telling. Some of these executive orders, if implemented directly, could be challenged in court.

Immigration 46

Immigration Constitutional Law Tort Sports 46