Constitutional Law Reporter

JUNE 1, 2023

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. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

Statute 52

Statute Litigation Litigating Cause of Action 52

JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Putting that concern aside, I have serious free speech concerns over the reach of these laws. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad.

Entertainment 38

Entertainment Laws Statute Litigation 38

Patently O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. USPTO , No.

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Court Laws Manufacturing Statute 125

JonathanTurley

JULY 12, 2021

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7

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Manufacturing Laws Litigation Litigating 43

Constitutional Law Reporter

JUNE 3, 2022

Despite that agreement, Morgan filed a nationwide collective action asserting that Sundance had violated federal law regarding overtime payment. Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. Erdman Co. Phoenix Land & Acquisition, LLC , 650 F.

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Court Contract Litigation Litigating 52

JURIST

JANUARY 18, 2021

The petition challenges the Bar Council of India’s authority to prescribe a post-enrollment qualification for practising law. Once an advocate has cleared the exam, the Chairman of the Bar Council issues a certificate of practice deeming them fit to practice law in India.

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Bar Exam Court Administrative Law Constitutional Law 118

Constitutional Law Reporter

OCTOBER 27, 2022

While the CWA defines the term “navigable waters” as “waters of the United States, including the territorial seas,” the precise scope of “waters of the United States” (WOTUS) has been subject to frequent litigation. The post US Supreme Court to Revisit Clean Water Act appeared first on Constitutional Law Reporter.

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Court Litigation Litigating Constitutional Law 52

Constitutional Law Reporter

NOVEMBER 2, 2022

Ross : The case challenges the constitutionality of California’s Proposition 12, an animal welfare law regulating the pork industry. The post Andy Warhol Art Headlines Busy Week for Supreme Court appeared first on Constitutional Law Reporter. Bruce Church, Inc.”.

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Court Constitutional Law Statute Litigation 52

Constitutional Law Reporter

MARCH 5, 2024

The States have asked the justices to stay implementation while litigation continues in the lower courts. The post Supreme Court Hears Challenge to EPA’s Good Neighbor Rule appeared first on Constitutional Law Reporter. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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Court Statute Constitutional Law Contract 52

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

JonathanTurley

OCTOBER 11, 2022

Among the slew of challenges to state abortion laws after the decision in Dobbs v. The complaint by three Jewish women from Louisville seeks to block the state trigger law on the basis that it violates their religious rights since they do not believe that life begins at fertilization under Jewish law, or Halakha.

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Laws Drafting Litigation Litigating 33

Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. We look to the law of property.” Facts of the Case. Circuit Court of Appeals affirmed.

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Court Rules Court Government Laws 89

Constitutional Law Reporter

OCTOBER 18, 2021

Through more than two years of litigation, the Secretary of Kentucky’s Cabinet for Health and Family Services led the state’s legal defense of its law prohibiting abortions in which an unborn child is dismembered while still alive. Over a dissent, the Sixth Circuit refused to allow the Attorney General to defend Kentucky law.

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Attorney Constitutional Law Lawyer Lawyers 59

Constitutional Law Reporter

FEBRUARY 16, 2023

In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action. Justice Amy Coney Barrett wrote on behalf of the Court.

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Statute Diligence Court Constitutional Law 52

Paralegal Bootcamp

DECEMBER 9, 2022

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. One website in France calls a Law Clerk a, “Second-in-Command Lawyer.” But, I don’t want to get ahead of myself here.

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Paralegal Paralegals Education Legal Assistant 246

Constitutional Law Reporter

MAY 1, 2023

In reaching its decision, the Court noted the important distinction between “the classes of cases a court may entertain (subject-matter jurisdiction)” and “nonjurisdictional claim-processing rules, which seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times.”

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Government Statute Entertainment Constitutional Law 52

Constitutional Law Reporter

MARCH 10, 2022

The issues before the Court involved Native American law and immigration. United States : The case involves the Constitution’s double jeopardy clause and how it applies toa prosecution in the Court of Indian Offenses. Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion.

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Immigration Constitutional Law Drafting Court 52

Constitutional Law Reporter

JUNE 4, 2021

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 unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

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Statute Administrative Law Entertainment Court 52

SCOTUSBlog

JUNE 27, 2022

Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. It is particularly noteworthy that Justice Stephen Breyer called out his colleagues for engaging in the most rank form of law-office history in his dissent.

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Laws Law Office Court Legal 145

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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Court Laws Manufacturing Constitutional Law 113

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 ’s interests.”

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Litigation Litigating Government Laws 35

SCOTUSBlog

JUNE 29, 2022

Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Early in the opinion he tells us that public health research showing the efficacy of a certain law at reducing gun deaths, which could previously be used to defend gun regulations passed to protect public safety, was the government merely “posit[ing].”

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Government Court Laws Constitutional Law 79

JonathanTurley

JUNE 23, 2022

Penal Law § 400.00(2)(f) Lower courts upheld the New York law, but there were ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” City of Chicago , the court ruled that this right applied against the states. This case concerned concealed-carry restrictions under N.Y.

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Court Court Rules Litigation Litigating 50

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. 6] This is wrong.

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Contract Cause of Action Court Laws 98

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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Cause of Action Court Entertainment Laws 52

JonathanTurley

APRIL 1, 2021

Today, I will be speaking to lawyers and law students in Utah on the history of impeachment. The event is organized by the Utah State Bar litigation section in conjunction with the University of Utah and Brigham Young University law schools.

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Law School Litigation Litigating Lawyer 31

JonathanTurley

MAY 14, 2022

The comment quickly lit up the lines of law professors, including my own mailbox. I have long questioned the weight given stare decisis in constitutional cases. The Court has long embraced the “doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.”

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Stare Decisis Court Drafting Education 46

Constitutional Law Reporter

APRIL 8, 2021

Exemption 5 incorporates the privileges available to Government agencies in civil litigation, such as the deliberative process privilege, attorney-client privilege, and attorney work-product privilege. The post SCOTUS Rules FOIA Exception Applies to Environmental Opinion appeared first on Constitutional Law Reporter.

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Drafting Court Constitutional Law Attorney 52

SCOTUSBlog

NOVEMBER 2, 2022

The government presented no such evidence at Jones’s trial – under the law at the time, it didn’t have to in order to sustain a conviction – and although he had 11 prior felony convictions, Jones testified that he believed his record had been expunged. There is no provision for new rules of statutory interpretation.

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Statute Government Court Felony 89

JURIST

MAY 27, 2022

The Supreme Court of Canada Friday unanimously ruled that a life sentence without any chance of parole is unconstitutional under Section 12 of the nation’s charter. In Canada, anyone serving a life sentence for first-degree murder is automatically ineligible for parole for 25 years.

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Court Rules Court Constitutional Law Litigation 291

JonathanTurley

FEBRUARY 14, 2023

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. It is not clear why Smith would invite such litigation, which could take years to hash out in the courts.

Litigation 36

Litigation Litigating Felony Court 36

JonathanTurley

OCTOBER 12, 2021

See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives , 76 George Washington University Law Review 305 -374 (2008). One of the briefs written in support of the district in the recent litigation was from constitutional scholars, including my colleague Alan B.

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Litigation Litigating Legal Legal 31

JonathanTurley

JULY 24, 2022

The South Carolina legislature is moving to enact a new law with deeply troubling free speech implications. In my view, the law violates the First Amendment and should be scuttled by the legislature. The language below is reminiscent of laws making it illegal to share information on committing suicide.

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Felony Laws Drafting Litigation 35

Constitutional Law Reporter

MAY 3, 2022

The Court first rejected the prison officials’ threshold contention that Ramirez couldn’t succeed on his claims because he failed to exhaust all available remedies before filing suit as mandated by the Prison Litigation Reform Act of 1995. According to the Court, Ramirez properly exhausted his administrative remedies.

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Court Constitutional Law Government Litigation 59

Legal Research is Easy

AUGUST 5, 2019

Thing is, these days law and the decisions courts hand down are very much like that. The kicker is that unlike parents (who, hopefully, are on the same page and the kid realizes that it's unlikely dad will overrule mom), it is critical that courts make the same rulings over and over so that people know how law will be applied.

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Stare Decisis Notary Public Laws Court 52

Broadcast Law Blog

MARCH 16, 2017

The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings. 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.

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Court Constitutional Law Laws Court Decisions 40

JonathanTurley

APRIL 18, 2022

When I was clerking in Louisiana after graduating law school, there was story of a rather notorious local judge asking counsel in a criminal case if he was ready to present the case of the defendant. That law has been treated as dormant given the 1973 decision in Roe v. Gleicher was appointed by Gov.

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