SCOTUSBlog

APRIL 29, 2022

Second, Tyler argues that even if McCoy announced a new rule, Teague allows for the retroactive effect of substantive rules of constitutional law that prohibit certain criminal laws or punishments (as opposed to procedural rules, which are not retroactive).

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LexForti

JUNE 3, 2021

AN ELABORATION ON ‘EX POST FACTO’ LAW: ARTICLE 20(1) OF THE INDIAN CONSTITUTION. It would be imperative to take into consideration the first clause of the mentioned provision, which bars the retrospective applicability of criminal laws, in circumstances where a new offence has been committed.

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Criminal Law Court Laws Constitutional Law 52

JonathanTurley

NOVEMBER 14, 2021

Criminal laws are supposed to be interpreted narrowly. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.” It is hard to understand how the count could be given to the jury without a clear understanding of what it means.

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Statute Misdemeanor Criminal Law Felony 58

LLRX

JANUARY 8, 2024

The shocking events of Jan. 6, 2021, signaled a major break from the nonviolent rallies that categorized most major protests over the past few decades. What set Jan. 6 apart was the president of the United States using his cellphone to direct an attack on the Capitol, and those who stormed the Capitol being wired and ready for insurrection.

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LLRX

NOVEMBER 8, 2023

Ese Olumhense a reporter at The Markup gives us an overview of how the International Association of Chiefs of Police brings police leadership and tech vendors together at its annual conference, where clear trends about the future of law enforcement emerged.

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Laws Legal Research Constitutional Law Criminal Law 87

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society.

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LLRX

APRIL 30, 2023

Lawyer, activist, author, and whistleblower Ashley Gjovik states: "I blew the whistle and was met with an experience so destructive that I did not have the words to describe what happened to me. I set out to learn if what happened to me is a known phenomenon and, if so, whether there are language and concepts to explain the experience.

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Lawyer Lawyers Legal Research Constitutional Law 77

JonathanTurley

JANUARY 3, 2021

Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminal laws.

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LLRX

JULY 31, 2022

Developers, data scientists, and criminal justice experts working within the metaverse may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints. The thesis of Albert Chang's paper is the metaverse presents a unique opportunity for effective police reforms.

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Technology Government Legal Research Constitutional Law 85

LLRX

OCTOBER 29, 2021

Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S. Jennifer L.

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LLRX

JULY 31, 2022

The thesis of Albert Chang's paper is the metaverse presents a unique opportunity for effective police reforms because software developers may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints.

Government 71

Government Legal Research Constitutional Law Criminal Law 71

JonathanTurley

JANUARY 25, 2024

Today, the state of Alabama will try again to kill Kenneth Eugene Smith. In one of the most bizarre capital punishment cases in the country, the state previously botched an execution of Smith. Everything about the case has been legally irregular in the effort to execute this convicted assassin.

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Court Government Legal Legal 36

JonathanTurley

JULY 13, 2023

There were few substantive points offered by FBI Director Christopher Wray in his testimony yesterday, but, when information helped the FBI, he could suddenly become forthright and detailed. That was the case when, in defense of attacks on political bias, Wray said that most of the attacks that they are investigating are by pro-abortion advocates.

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Misdemeanor Education Constitutional Law Criminal Law 36

JonathanTurley

APRIL 18, 2021

Photo: Brooklyn Center Police Department. Below is column in USA Today on charging decisions in the Wright and Babbitt shootings. The sharp contrast in the two decisions raises serious questions over the legal and political issues that rage around such cases.

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JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Like many, I have been appalled by some images of very young children watching highly sexualized routines in schools or businesses. However, many of these events are held off school grounds and with the support of their parents.

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Constitutional Law Reporter

MARCH 21, 2024

The question before the Court is: “Does the National Bank Act preempt the application of state escrow-interest laws to national banks?” The post SCOTUS Ends February Sitting With Oral Arguments in Six Cases appeared first on Constitutional Law Reporter. McIntosh v. Please check back for updates.

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Court Constitutional Law Criminal Law Contract 52

JonathanTurley

FEBRUARY 7, 2023

The family of University of Idaho stabbing victim Kaylee Goncalves is appealing a gag order imposed upon them and others in the case against suspected killer, Bryan Kohberger. That appeal is supported by media organizations.

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Attorney Lawyer Lawyers Court 34

JonathanTurley

MARCH 6, 2023

A video has gone viral of the owner of a Washington state dispensary unleashing a profanity-laced verbal attack on state trooper, Yasin Anwar, who pulled over a driver near the Green Seed in Moses Lake, Washington, a marijuana shop. The owner has been identified as Amy Dalluge, who reportedly has a history of problems with the police.

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JonathanTurley

JUNE 4, 2021

There is a free speech fight brewing in Scotland where a prominent feminist, Marion Millar, 50, has been charged with the crime of “malicious communication” due to tweets criticizing gender self-identification. We have previously discussed how feminists are being accused of hate speech and discrimination in these debates.

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Laws Government Constitutional Law Criminal Law 55

JonathanTurley

FEBRUARY 23, 2021

My home city of Chicago continues to reel from soaring crime rates. Among the categories of increasing crime is a 135% spike in carjackings. One would think that the legislators would be focused on better policing and other programs. Marcus Evans Jr. (D,

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Government Laws Constitutional Law Criminal Law 57

JonathanTurley

AUGUST 22, 2021

Ashli Babbitt (Twitter). Yesterday I wrote a column in the Hill about the FBI reportedly finding no evidence a planned insurrection at the Capitol on January 6th. In a related story, the Capitol Police has now entirely cleared the still unnamed officer who shot and killed Ashli Babbitt despite her being unarmed.

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Laws Attorney Government Legal 51

JonathanTurley

JUNE 14, 2022

There is an interesting case out of Ohio where the state Supreme Court has ruled that Lake County Common Pleas Court Judge Eugene Lucci erred when he gave Manson Bryant, 35, an added six years after Bryant called him “racist as f**k.”

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Court Laws Attorney Constitutional Law 37

JonathanTurley

JUNE 30, 2021

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. The opinion (below) correctly found that the trial judge and prosecutors denied Cosby a fair trial and due process in 2018.

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SCOTUSBlog

JUNE 26, 2023

An expansive reading of the statute, the court recognized, would arguably criminalize political advocacy or general encouragement. The court focused on the specialized definitions of “encourage or induce,” which it said have well-established meanings that are pervasive in both federal and state criminal law.

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Immigration Court Statute Criminal Law 103

JonathanTurley

SEPTEMBER 9, 2021

While Congress acted to keep government regulation of the Internet to a minimum, it also found it to be the policy of the United States “to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.”

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JonathanTurley

OCTOBER 19, 2021

Now police are reportedly considering criminal charges against passengers who filmed the rape and did not call the police. The recent rape of a woman on a train in Pennsylvania has shocked and disgusted the nation, particularly after passengers did nothing to help the woman as she was allegedly attacked by Fiston Ngoy, 35.

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Tort Misdemeanor Legal Legal 42

JonathanTurley

MAY 7, 2021

The Justice Department has secured indictments of the four former Minneapolis police officers involved in George Floyd’s arrest and death. The three-count indictment unsealed Friday names Derek Chauvin, Thomas Lane, J.

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Government Court Laws Constitutional Law 46

JonathanTurley

MARCH 12, 2022

North Port (FL) Police Department. A novel lawsuit in Florida has been filed by the parents of Gabby Petito against the parents of Brian Laundrie, Chris and Roberta Laundrie. The lawsuit accuses the parents of hiding their knowledge that Brian Laundrie killed their daughter.

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Tort Legal Legal Depositions 34

JonathanTurley

DECEMBER 15, 2021

Sheriff’s Office is seeking criminal charges against a Howell woman who posted nasty attacks on Twitter to criticize recent public meeting comments by anti-maskers. However, as will come as no surprise to regulars on this blog, I do not see the basis for such a criminal referral, which creates a chilling effect on free speech.

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Statute Education Legal Legal 36

JonathanTurley

MAY 19, 2021

We have been discussed two areas of concern for free speech in the United States: the increased monitoring of social media speech as grounds of discipline and the push to criminalize speech. The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe.

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Misdemeanor Statute Laws Court 42

JonathanTurley

MAY 2, 2021

Minnesota Police and Peace Officers Association and the Law Enforcement Labor Services has taken the unusual (if not unprecedented) step of asking the University of Minnesota to investigate a student for her call to make the lives of campus police a living “hell.”

Misdemeanor 39

Misdemeanor Felony Laws Constitutional Law 39

JonathanTurley

APRIL 2, 2022

Starting in 2017 , I have written half a dozen columns on the lawsuit against Oberlin College over its participation in a campaign against a small family-owned business accused of racism. In this case, the college not only joined the mob but helped lead the mob against Gibson’s Bakery.

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Punitive Damages Court Misdemeanor Felony 41

JonathanTurley

JUNE 30, 2021

Today I will be testifying in the House Judiciary Committee on the use of secret surveillance and gag orders in recent investigations into unauthorized disclosures of classified information.

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Law School Laws Legal Legal 32

JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia.

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JURIST

NOVEMBER 3, 2023

The Supreme Court of Canada ruled 6-1 on Friday that the mandatory minimum sentence for child luring is unconstitutional as it violates the right against cruel and unusual punishment under Section 12 of the Canadian Charter of Rights and Freedom.

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Court Rules Court Constitutional Law Criminal Law 260

Constitutional Law Reporter

JULY 6, 2023

The post SCOTUS Narrows Reach of Identity Fraud Statute appeared first on Constitutional Law Reporter. “All of those individuals, the United States says, engage in conduct that can invite a mandatory 2-year stint in federal prison,” he said. The Court today rightly rejects that unserious position.”

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Statute Healthcare Court Constitutional Law 52

SimplyLawJobs

FEBRUARY 7, 2022

Many students also join law school without realising which type of law they would like to practice. For instance, you could specialise in a wide variety of fields: Admiralty Law. Business Law. Constitutional Law. Criminal Law. Environmental Law. First Amendment Law. Patent Law.

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