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Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

Supreme Court clarified when plaintiffs can seek redress in U.S. courts for human rights abuses that occur overseas. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Supreme Court’s Decision. The Supreme Court reversed.

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SCOTUS Kicks Off February Session With Four Cases

Constitutional Law Reporter

Supreme Court returned to the bench this week to begin their February session. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. The justices heard oral arguments in four cases, two of which involved labor disputes.

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Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The District Court ruled that all class members had Article III standing on each of the three statutory claims.

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Polish Constitutional Court about to review the constitutionality of the jurisdictional immunity of a foreign State?

Conflict of Laws

In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes. It is supposed to take place on May 23, 2023.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. 47 U.S.C. § 230(e)(3).

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Could Cosby Sue For Wrongful Conviction?

JonathanTurley

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation

JonathanTurley

There are 33 states with retraction statutes. The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. What constitutes racist imagery is a matter of public debate and Phillips can argue that this is obviously just his opinion. The letter notifies Carron J.