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). Ballance v. United States.

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LexForti

JUNE 3, 2021

In totality, Article 20 is considered to be one of the most vital provisions of the Indian Constitution, which cannot be set aside, even during times of Emergency. AN ELABORATION ON ‘EX POST FACTO’ LAW: ARTICLE 20(1) OF THE INDIAN CONSTITUTION.

Criminal Law 52

Criminal Law Court Laws Constitutional Law 52

JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. Some states have moved to penalize those who do not call police. Bigan , 397 Pa. 316, 155 A.2d

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JonathanTurley

JUNE 30, 2021

Executive Vice President & Chief Legal Officer, Hearst Corporation. Shapiro Professor of Public Interest Law, The George Washington University Law School. Corporate Vice President, Customer Security & Trust, Microsoft Corporation. Eve Burton. Lynn Oberlander. Of Counsel, Ballard Spahr LLP. Mr. Jonathan Turley.

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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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Legal Research Constitutional Law Criminal Law Contract 80

JonathanTurley

JANUARY 3, 2021

” The question is whether it is appropriate or even legal for states or tribes to use a language criteria to prioritize certain citizens over others. Federal and state laws do apply on Indian reservations despite their status as self-regulating states. In Employment Division, Department of Human Resources of Oregon v.

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Human Resources Government Construction Criminal Law 33

JonathanTurley

APRIL 18, 2021

The sharp contrast in the two decisions raises serious questions over the legal and political issues that rage around such cases. The decisions reached in the shootings of Daunte Wright in Minnesota and Ashli Babbitt in Washington highlight concerns over the political and legal elements that can influence such decisions.

Legal 55

Legal Legal Laws Constitutional Law 55

JonathanTurley

MARCH 12, 2022

I am very skeptical over the basis of this lawsuit, which rests on the assumption that, if the parents knew, they had a legal obligation to disclose that knowledge to Gabby Petito’s parents, Joseph Petito and Nichole Schmidt. The complaint does not clearly establish the legal duty that was breached in failing to come forward.

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JonathanTurley

AUGUST 22, 2021

Even law professors are largely silent on the implications of a finding that the shooting of an unarmed protester is justified. I fail to see the justified basis under controlling legal standards but I may have the bias of a criminal defense attorney. Will the Babbitt standard now apply.

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SimplyLawJobs

FEBRUARY 7, 2022

In this Simply Law article, our partner’s Lawyer Monthly discusses the 9 things you need to know before choosing a law school. The prospect of going to law school is not only one that requires a lot of hard work and money but also some thorough research. Do you really need a law degree? Business Law.

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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.

Lawyer 71

Lawyer Lawyers Legal Research Constitutional Law 71

JonathanTurley

JANUARY 25, 2024

Everything about the case has been legally irregular in the effort to execute this convicted assassin. 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.

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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 78

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.

Government 89

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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 66

Government Legal Research Constitutional Law Criminal Law 66

JonathanTurley

DECEMBER 15, 2021

Sheriff Murphy seemed to acknowledge that he is pushing the legal envelope on this referral but said that he has lost his patience: “We have done our share of these, trying to get some clear understanding of the line for criminal charges vs free speech.

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Statute Education Legal Legal 34

JonathanTurley

APRIL 5, 2022

We largely agree on areas of possible reforms, including the potential dangers of registration laws like FARA for free speech and association. Senior Legal Advisor, U.S. Program, International Center for Not-For-Profit Law. Here is the panel: Mr. Dylan Hedtler-Gaudette. Mr. Nick Robinson. Dr. Jacob R. Mr. Jonathan Turley.

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Law School Government Laws Legal 6

JonathanTurley

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. ‘Removal is a civil, not criminal, matter.’

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Immigration Government Laws Court 42

JonathanTurley

DECEMBER 8, 2020

Michael Luttig was a member of the United States Court of Appeals for the Fourth Circuit (1991-2006) and was assistant attorney general for the Office of Legal Counsel at the Justice Department (1990-1991). ” The King of England was long held to “do no wrong” legally as a matter of immunity.

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JonathanTurley

JUNE 27, 2023

million were sent to a law firm and another firm associated with Hunter Biden. ” (He did not explain why a message legally acquired by the government from the cloud account of his client would be illegal to include in the report of a congressional investigatory committee.) I am sitting here waiting for the call with my father.’”

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JonathanTurley

MAY 25, 2021

There is an interesting case out of Kansas where an alleged rape victim has used a 134-year-old law to seek her own grand jury after prosecutors reached a plea bargain with the alleged attacker. Notably, this attack occurred when the courts were conducting a major review of this law.

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JonathanTurley

DECEMBER 9, 2023

The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v.

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Laws Court Lawyer Lawyers 39

JonathanTurley

JULY 13, 2022

This may reflect confusion among these doctors, but the law seems clear on the available exceptions. It should not violate HIPPA or other laws to confirm that a report was filed and the victim has been protected by authorities. .” Yost, however, was equally curious about the absence of a criminal case.

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Laws Legal Legal Constitutional Law 50

JonathanTurley

APRIL 26, 2024

Roberts read its statement that “a former president can be prosecuted for his official acts because the fact of the prosecution means that the former president has acted in defiance of the laws” and noted it sounds like “a former president can be prosecuted because he is being prosecuted.” The jumper responds, “So far so good.”

Criminal Law 64

Criminal Law Court Court Rules Attorney 64

JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. First, let’s look at the law. Newsom previously asked the U.S.

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Laws Misdemeanor Attorney Felony 35

JonathanTurley

NOVEMBER 15, 2021

One issue to watch is how Judge Bruce Schroeder handles the gun count, which is based on what I believe is a flawed legal interpretation by the prosecution. Here is the column: The trial of Kyle Rittenhouse increasingly seems like a legal version of the parable of the blind men and the elephant. Biased media viewers.

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JonathanTurley

SEPTEMBER 18, 2022

Despite the utter lack of legal basis for these allegations, major media has continued to air such claims. This weekend, MSNBC’s Tiffany Cross and MSNBC regular (and past writer for Above the Law and the Nation) repeated the false claim that the trips constitute kidnapping. It is legally absurd. Gavin Newsom.

Criminal Law 40

Criminal Law Immigration Education Legal 40

JonathanTurley

MARCH 8, 2023

Before addressing the legal implications of this footage, one thing should be clear. So Committee members and counsel buried footage that was clearly relevant to literally hundreds of people facing criminal sentencing across the country. They did this while repeatedly referencing those cases in hearings as upholding the rule of law.

Constitutional Law 59

Constitutional Law Court Criminal Law Laws 59

JonathanTurley

JANUARY 19, 2024

Here is the column: Chris Christie once said that Donald Trump is often portrayed by legal counsel as “the unluckiest S.O.B. While a recusal or removal of Willis may delay the case, it will not end the legal threat for Trump. in the world.”

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Divorce Attorney Legal Legal 57

JonathanTurley

APRIL 7, 2024

Nevertheless, I have serious objections to the scope of these gag orders on free speech grounds, particularly before an election that could turn in large part on allegations of the weaponization of the legal system.

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JonathanTurley

FEBRUARY 5, 2021

Over the last four years, we have seen an alarming trend of law professors and legal experts discarding constitutional and due process commitments to support theories for the prosecution or impeachment of Donald Trump or his family. shall be compelled in any criminal case to be a witness against himself.”

Legal 57

Legal Legal Court Laws 57

JonathanTurley

JUNE 16, 2021

These leaks are criminal acts under federal law. For full disclosure, I also advised Julian Assange’s legal team in England on our criminal justice system and protections for the free press under the Constitution.). Both Pro Publica and WikiLeaks could claim that these disclosures are in the public interest.

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JonathanTurley

SEPTEMBER 6, 2022

In another defeat for the Justice Department, a federal court has ordered not just the appointment of a Special Master but halted the use of the seized Mar-a-Lago documents by prosecutors until the legal status of these documents is established (The ongoing intelligence security review of classified material can continue). The ruling by U.S.

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JonathanTurley

OCTOBER 22, 2022

For the record, I previously stated that the House was on solid legal ground in pursuing a contempt charge. His legal position was hopelessly conflicted and incomplete. He was a private citizen during the critical period under investigation by the J6 Committee and previously testified in other investigations.

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JonathanTurley

SEPTEMBER 17, 2022

While legal experts pushed the department to challenge the entire order, the Department is seeking a smaller target. ” Despite a chorus of legal experts claiming that the entire order is legally unfounded and unsupportable, the DOJ is not making those arguments in court. It is a smart move.

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JonathanTurley

AUGUST 11, 2021

The lack of case law was at the heart of the “fact check” of the PolitiFact. Such objections should be distinguished from complaints over distorting backgrounds , history history , or the law. The Post is correct that there is virtually no case law on the provisions in either the federal or state constitutions.

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Court Court Decisions Legal Legal 45

JonathanTurley

AUGUST 25, 2021

Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. This is such a case in my view. In 2002, the U.S. In Ashcroft v.

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Personal Injury Court Rules Tort Statute 39