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Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

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. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

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SCOTUS Kicks Off February Session With Four Cases

Constitutional Law Reporter

The specific issue is: “ Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer’s property in the course of a labor dispute.” The post SCOTUS Kicks Off February Session With Four Cases appeared first on Constitutional Law Reporter.

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The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

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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Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

Moreover, the Court has rejected the proposition that “a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” But under Article III, an injury in law is not an injury in fact. the tort of defamation.

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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.

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University of Illinois (Chicago) Law Professor Sues Over Exam Controversy

JonathanTurley

The use of the censored references led to a complaint in a letter from the Black Law Students Association and later a petition which called for Kilborn to be stripped of his committee assignments and other reforms. COUNT II Violation of University of Illinois Statutes. COUNT III Violation of the Fifth and Fourteenth Amendments.

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Could Cosby Sue For Wrongful Conviction?

JonathanTurley

We still believe that no one is above the law — including those who are rich, famous and powerful.”. Moreover, Steele is right, “no one is above the law” including prosecutors who are not allowed to pursue convictions at any cost in popular high-profile cases. It must be done under common law, which is challenging.

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