SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School.

Laws 145

Laws Law Office Court Legal 145

Constitutional Law Reporter

JUNE 5, 2023

Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the Court, the law did not violate the dormant commerce clause in regulating the pork industry outside California. New York State Liquor Authority , 476 U.S.

Laws 52

Laws Court Constitutional Law Court Decisions 52

The Crime Report

MARCH 14, 2022

Police commissioner Keechant Sewell said the officers had been through “an extensive amount of vetting,” and other top police officials said that each officer would complete seven days of training on subjects that included the use of force, constitutional law and community interactions.

Constitutional Law 115

Constitutional Law Laws 115

JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. 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 has failed repeatedly in various states, including New York. Of the $138.7

Manufacturing 46

Manufacturing Laws Litigation Litigating 46

Constitutional Law Reporter

DECEMBER 6, 2023

In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. The case, United States v. Bruen , 597 U.S. _ (2022). 1681 et seq.,

Court 52

Court Education Constitutional Law Statute 52

SCOTUSBlog

SEPTEMBER 10, 2021

God Has No Place in Supreme Court Opinions (Linda Greenhouse, The New York Times). Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law) (Mark Tushnet, Balkinization). Not Yet (Krishnadev Calamur & Nina Totenberg, NPR).

Constitutional Law 63

Constitutional Law Court Laws 63

JonathanTurley

JUNE 23, 2022

As predicted , the Supreme Court handed down a momentous opinion in favor of Second Amendment rights today in New York State Rifle & Pistol Association, Inc. Penal Law § 400.00(2)(f) ” New York Gov. ” New York Gov. Hochul added “This is New York. We don’t back down.”

Court 53

Court Court Rules Litigation Litigating 53

Constitutional Law Reporter

MAY 10, 2022

Wade and erase 50 years of abortion law precedent. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. In 1852, the New York Tribune reported that the Supreme Court would rule in Pennsylvania v. The case, Dobbs v.

Court 98

Court Drafting Constitutional Law Laws 98

NewYorkCourtWatcher

JULY 1, 2023

Wilson, Opening RemarksSenate Confirmation Hearing, April 17, 2023 At Columbia Law SchoolIn previous posts in this series, we reviewed Rowan Wilson's eventual selection to sit on New York's highest court in 2016 by then-Governor Andrew Cuomo, and his nomination to be Chief Judge this past April by Chief Judge Rowan D.

Court 52

Court Laws Constitutional Law 52

JonathanTurley

NOVEMBER 2, 2021

New York State Rifle Association v. Penal Law § 400.00(2)(f) Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.”

Court 46

Court Laws Court Rules Constitutional Law 46

Constitutional Law Reporter

DECEMBER 4, 2023

Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. Supreme Court decided New York State Rifle & Pistol Association v. The case, United States v. While that petition was pending, the U.S.

Court 52

Court Statute Government Constitutional Law 52

NewYorkCourtWatcher

JULY 6, 2020

Vullo, a New York appellate court rejected religious objections to paying for abortion coverage. The state's Appellate Division, Third Department, voted unanimously to deny the Albany Catholic Diocese, as well as other religious groups, an exemption from New York's.

Court 86

Court Constitutional Law Laws 86

SCOTUSBlog

JUNE 27, 2023

In a solo dissent, Thomas criticized what he characterized as the majority’s “surprising and misplaced reliance on New York Times v. This article was originally published at Howe on the Court. The post Justices throw out Colorado man’s stalking conviction in First Amendment dispute appeared first on SCOTUSblog.

Court 130

Court Constitutional Law Court Rules Laws 130

NewYorkCourtWatcher

NOVEMBER 26, 2020

(This is a brief detour to address significant decisions just rendered by the Supreme Court and New York State's Highest court.)One the sharpest contrast, another tribunal, New York's highest court, the Court of Appeals, seemed entirely. Perhaps, the Court even went overboard in doing so.By

Court 68

Court Constitutional Law Laws 68

JonathanTurley

JANUARY 5, 2024

New York City Major Eric Adams announced on Thursday that he is suing bus companies for over $700 million for busing undocumented persons to the state. It is a frivolous lawsuit based on an absurd law motivated by raw hypocrisy. New York City politicians have long heralded their status as a sanctuary city.

Statute 72

Statute Contract Litigation Litigating 72

Constitutional Law Reporter

OCTOBER 18, 2021

New York: A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence. .: Over a dissent, the Sixth Circuit refused to allow the Attorney General to defend Kentucky law.

Attorney 59

Attorney Constitutional Law Lawyer Lawyers 59

JonathanTurley

AUGUST 12, 2021

In their guest essay for the New York Times Chemerinsky and Edlin declare any such successful recall would be unconstitutional as a denial of the principle of “one person, one vote.” At that point, Newsom was neither governor nor a candidate under California law after the first round. Sanders and Reynolds v.

Laws 55

Laws Constitutional Law Government Court 55

JonathanTurley

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.”

Court 40

Court Laws Court Rules Constitutional Law 40

JonathanTurley

JULY 14, 2023

I will be joined on the panel with a distinguished group of experts: Phil Kiko, Principal, Williams & Jensen; former Chief of Staff and General Counsel, House Judiciary Committee; former Chief Administrative Officer, House of Representatives Gene Schaerr, General Counsel, Project for Privacy and Surveillance Accountability Elizabeth Goitein, Senior (..)

Government 34

Government Laws Constitutional Law 34

SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Justice Samuel Alito’s concurrence makes a similarly unscientific rebuke of data-driven analyses, but with an extra callous flair.

Government 78

Government Court Laws Constitutional Law 78

NewYorkCourtWatcher

AUGUST 3, 2020

Smith Opinion We've previously discussed how New York's highest court, when deciding Catholic Charities v. The Supreme Court in Smith significantly reduced the 1st Amendment protection for religious liberty, and the New York court in Catholic Charities Smith as a backdrop.

Court 41

Court Constitutional Law Laws 41

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. New York , No. Supreme Court recently returned to the bench for its February sitting. 20- 449 (U.S.

Immigration 52

Immigration Constitutional Law Drafting Court 52

JonathanTurley

MAY 21, 2021

The New York Times is reporting that a Rutgers Law Professor and law student are under fire after the student reluctantly read the n-word in a 1993 legal opinion. That triggers a petition from students to demand action from the law school and apologies from both the professor and the student.

Laws 46

Laws Tort Law School Education 46

JonathanTurley

JULY 23, 2022

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent.

Court 42

Court Laws Constitutional Law 42

JonathanTurley

MARCH 22, 2021

University of San Diego Law Professor Thomas Smith has been put under investigation for the use of an offensive term in a column criticizing the Chinese government and its role in the pandemic. A core value of the University of San Diego School of Law is that all members of the community must be treated with dignity and respect.

Government 40

Government Laws Law School Contract 40

Constitutional Law Reporter

MAY 13, 2022

In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Thompson’s sister-in-law, who apparently suffered from a mental illness, called 911 to report that Thompson was sexually abusing the baby. Facts of the Case.

Tort 52

Tort Court Constitutional Law Laws 52

SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Marshall found the Constitution paper; and he made it power,” President James Garfield wrote. Its rulings on free speech ( New York Times v.

Court 107

Court Education Constitutional Law Court Decisions 107

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.

Tort 44

Tort Misdemeanor Legal Legal 44

Constitutional Law Reporter

FEBRUARY 10, 2022

New York , 595 U. Both the New York Appellate Division and the Court of Appeals affirmed Hemphill’s conviction. The post <strong>Supreme Court Rejects “Door Opening Rule” Exception to Confrontation Clause</strong> appeared first on Constitutional Law Reporter. In Hemphill v.

Court 52

Court Constitutional Law Government Laws 52

NewYorkCourtWatcher

JULY 12, 2020

Smith Opinion Before advancing to the New York decisions, it probably makes sense to first address the three rulings just handed down by the Supreme Court dealing with religion. More Aftermath of Scalia's Dreadful Oregon v.

Court 41

Court Constitutional Law Laws 41

JonathanTurley

DECEMBER 6, 2023

Missouri does not appear to have a formal retraction law, but it is still considered a necessary step. Judge Frank Easterbrook wrote that “although the article drips with disapproval of Wilkow’s (and the judges’) conduct, an author’s opinion about business ethics isn’t defamatory under Illinois law.” In New York Times v.

Punitive Damages 48

Punitive Damages Court Lawyer Lawyers 48

Conflict of Laws

AUGUST 31, 2021

It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law (in English).

Laws 52

Laws Court Procedural Law Constitutional Law 52

JonathanTurley

SEPTEMBER 30, 2021

Now Lamberth has cleared the way for claims for damages by as many as 4,500 people similarly arrested under the law the courts overturned in 2014. The city could appeal and argue that, at the time of the arrests, it was not clear that the underlying law was unconstitutional. Those rising costs do not seem to register with the D.C.

Court Rules 42

Court Rules Court Government Laws 42

SCOTUSBlog

JULY 28, 2022

Other recent examples of such issues from this term included New York State Rifle & Pistol Association v. Harper (concerning the controversial “independent state legislature” theory of election law), United States v. Bruen (involving gun rights) and Kennedy v. In the coming term, the justices are slated to hear Moore v.

Drafting 103

Drafting Court Immigration Construction 103

JonathanTurley

NOVEMBER 26, 2020

Supreme Court delivered a surprising blow to pandemic restrictions on house of worship in a late night order barring the enforcement of New York Gov. If Ruth Bader Ginsburg was still on the Court, this would have gone 5-4 in favor of New York. Here is the order: ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK v.

Court 58

Court Lawyer Lawyers Constitutional Law 58

Constitutional Law Reporter

NOVEMBER 30, 2021

In New York State Rifle & Pistol Association Inc. Bruen, the Court considered the constitutionality of a New York gun law. Based on oral arguments, it appeared that a majority of the Court could be persuaded that the law runs afoul of the Second Amendment. The issues in United States v. 8, but the U.S.

Court 10

Court Constitutional Law Laws Attorney 10

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.

Court 40

Court Constitutional Law Laws Court Decisions 40