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. EMW Women’s Surgical Center, P.S.C.:

Attorney 59

Attorney Constitutional Law Lawyer Lawyers 59

Constitutional Law Reporter

MARCH 10, 2022

City and County of San Francisco, California : The case revolves around a legal challenge to a federal immigration rule. Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion. Cabazon Band of Mission Indians , 480 U.S. Under the Immigration and Nationality Act ( 8 U.S.C.

Immigration 52

Immigration Constitutional Law Drafting Court 52

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.”

Litigation 38

Litigation Litigating Government Laws 38

SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. Bruen does mark a new low for the court. June, 2022).

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Laws Law Office Court Legal 145

JonathanTurley

APRIL 1, 2023

The challengers noted that the same outfit prohibited for drag performers under the law would be entirely legal for cheerleaders or other women in public events. Judge Parker was correct to enjoin the law pending further review. The vagueness problems could be reduced by limiting the scope to adult entertainment settings.

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Entertainment Laws Statute Litigation 42

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.

Drafting 52

Drafting Court Constitutional Law Attorney 52

JonathanTurley

OCTOBER 12, 2021

One of the briefs written in support of the district in the recent litigation was from constitutional scholars, including my colleague Alan B. Morrison, Lerner Family Associate Dean at George Washington Law School. When are you going to do your legal and moral duty and give us that right?

Litigation 31

Litigation Litigating Legal Legal 31

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute. .”

Cause of Action 52

Cause of Action Court Entertainment Laws 52

SCOTUSBlog

NOVEMBER 2, 2022

Section 2255(e) – the statute’s “savings clause” – allowed prisoners to pursue a traditional habeas corpus petition in the judicial district of their imprisonment if the motion to vacate was “inadequate or ineffective to test the legality” of their detention. There is no provision for new rules of statutory interpretation.

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Statute Government Court Felony 87

SCOTUSBlog

OCTOBER 10, 2022

The challengers, two groups that represent farmers and pork producers, contend that the law “will transform the pork industry nationwide,” while California and its supporters insist that the impact will be more limited.

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Court Laws Manufacturing Constitutional Law 112

JonathanTurley

MARCH 9, 2021

Nominal damages are enough to allow citizens to litigate the loss of free speech rights. Preczewski that “, it is undisputed that Uzuegbunam experienced a completed violation of his constitutional rights when respondents enforced their speech policies against him. .” The Supreme Court has now said enough.

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Court Rules Court Litigation Litigating 56

JonathanTurley

MAY 14, 2022

If a justice does not believe that the right of abortion is well-founded in the Constitution, I do not believe that this principle should compel him or her to vote to preserve that erroneous precedent. Planned Parenthood of Se.

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Stare Decisis Court Drafting Education 51

JonathanTurley

MAY 31, 2021

Ending standardized testing will have a notable impact on legal challenges to the use of race in college admissions. In the Harvard case, the scores are particularly important because the litigants allege that subjective factors were systemically used to disfavor them on issues such as likability and personality.

Education 55

Education Litigation Litigating Court 55

JonathanTurley

OCTOBER 11, 2022

I do not share the view that the law, despite its poor drafting, makes “IVF … legally dangerous if not impossible.” The portrayal of the law as a “theocratic” measure will be hard to maintain in such litigation. Here is the complaint: kentucky-abortion-lawsuit-against-ag.

Laws 34

Laws Drafting Litigation Litigating 34

JonathanTurley

APRIL 18, 2022

” The story came to mind recently with a controversy in Michigan where the Chief Judge of Michigan’s Court of Claims Elizabeth Gleicher said that she will preside over a challenge to an abortion law brought by Planned Parenthood despite her previously representing the group and her annual contributions to the group.

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Attorney Laws Law School Law Firm 40

JonathanTurley

NOVEMBER 16, 2022

A school district “may legally preserve the property under its control for the use to which it is dedicated,” but once it opens a governmental space to non-governmental speakers, that control does not permit viewpoint-based restrictions. Here is the order: Flores v. Bennett.

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Court Litigation Litigating Constitutional Law 49

Legal Research is Easy

AUGUST 5, 2019

According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.

Stare Decisis 52

Stare Decisis Notary Public Laws Court 52

Constitutional Law Reporter

JANUARY 10, 2022

Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. The justices also ruled that the law (S.B. Facts of the Case.

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Court Laws Personal Injury Attorney 69

JonathanTurley

JANUARY 5, 2024

It is a cynical effort to impose litigation costs on companies to get them to refuse to accept such contracts. Such inquiries would themselves violated legal and constitutional protections. Yet, how is a company supposed to determine if someone purchasing a ticket is a potential “public charge.”

Statute 74

Statute Contract Litigation Litigating 74

SimplyLawJobs

FEBRUARY 7, 2022

Do you really need a law degree? Not everyone who goes to law school wants to work as an attorney. So the first thing is to figure out if you are interested in the legal industry or the profession. Many students also join law school without realising which type of law they would like to practice. Business Law.

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Law School Laws Paralegal Paralegals 83

JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. Legally, that is. It will be hugely successful politically, but not without costs to the state and potential litigants.

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Laws Lawyer Lawyers Litigation 46

JonathanTurley

OCTOBER 18, 2021

Those politicians publicly thumped their chests about going to the Supreme Court with the law and limiting the Second Amendment precedent; professing absolute confidence, they litigated the law, and, again, the 2nd Circuit supported the dubious statute.

Court 47

Court Litigation Litigating Laws 47

JonathanTurley

NOVEMBER 28, 2022

It was a tour-de-force on the value of satire to make profound legal and political points. Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity). Image from Supreme Court Petition.

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Court Tort Felony Litigation 44

JonathanTurley

JULY 11, 2023

” It turns out she might have been more accurate than she thought — because Fauci legally may have been just a “regular guy” giving out billions without authority. What is equally baffling is that the House informed the administration that it was presumptively in violation of federal law.

Legal 36

Legal Legal Court Rules Laws 36

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.

Laws 38

Laws Legal Legal Attorney 38

JonathanTurley

JANUARY 3, 2022

A litigant, even proceeding under a declaratory judgment action, would need to show standing and an underlying injury. This controversy is reminiscent of the litigation over racial preferences used by the Biden Administration under its controversial $4 billion race-based federal relief program for farmers.

Litigation 58

Litigation Litigating Constitutional Law Court 58

JonathanTurley

APRIL 15, 2022

Below is my column in the Hill on the litigation over the new admissions policy at the elite Thomas Jefferson High School in Fairfax, Virginia. The school board ended the use of an admissions test in favor of a “holistic approach” to achieve greater diversity at the school.

Education 40

Education Court Technology Litigation 40

JonathanTurley

MAY 6, 2021

I have been a vocal critic of Feres for decades and wrote a three-part study of the military legal system 20 years ago that detailed how this doctrine began in 1950 with a clearly erroneous reading of the Federal Tort Claims Act (FTCA). The West Point case shows the legal lunacy and lethality of this doctrine.

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Court Tort Litigation Litigating 41

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. Depp earlier tried to sued a newspaper in England where the libel laws are far more favorable to those claiming defamation. It is a curious defense because it is not a legal defense.

Litigation 38

Litigation Litigating Legal Legal 38

JonathanTurley

OCTOBER 23, 2022

Dorsey and the other CEOs were asked about my warning of a “little brother problem, a problem which private entities do for the government which it cannot legally do for itself.” Whatever the outcome of the litigation, the filing raises, again, whether our concept of state censorship and a state media are outmoded.

Government 42

Government Litigation Litigating Constitutional Law 42

Above The Law

DECEMBER 14, 2022

* Elon Musk has reportedly ousted Quinn Emanuel's Alex Spiro as Twitter's top -- if not official -- legal counsel. That makes sense, because Spiro is a noted litigator and, having looked at Tesla's stock price, what Musk really needs these days is some bankruptcy counsel. [ Because history is critical to constitutional law.

Constitutional Law 91

Constitutional Law Lawyer Lawyers Litigation 91

LawTechnologyToday

FEBRUARY 28, 2023

Our Panelist: Karina Perez Ilić (KPI) [link] Silvia Amador Brett (SAB) [link] Annabelle Bichler (AB) [link] Jenna Sutter (JS) [link] Brian Mickelsen (BM) is a founding partner of Mickelsen Dalton and a dynamic trial lawyer who has litigated in 12 states. When you enter the practice of law, they will be great resources to you.

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Law School Laws Personal Injury Education 98

Constitutional Law Reporter

MARCH 29, 2022

The court unanimously held that Section 1806(f) of FISA — providing a procedure under which a trial-level court or other authority may consider the legality of electronic surveillance conducted under FISA and order specified forms of relief — does not displace the state secrets privilege. Facts of the Case.

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Court Government Constitutional Law Statute 98

Constitutional Law Reporter

APRIL 4, 2022

North Carolina State Conference of the NAACP : The case involves a legal challenge to North Carolina’s voter-identification law, specifically whether two Republican members of the North Carolina legislature should be able to intervene in the suit. Sundance, Inc.: 1782 , which allow a U.S. Please check back for updates.

Litigation 52

Litigation Litigating Depositions Constitutional Law 52

LexForti

JULY 26, 2021

The scheme must be seen as one in which Constitution envisages in responsible citizens and in that sense the fundamental duties shall be performed and seen as an educative role. The Court found their expulsion in violation of both Articles 19 and 25 of the Constitution. Union of India. Background. Conclusion. 392-395 M.P. Web sources.

Legal 52

Legal Legal Court Laws 52

ClimateChange-ClimateLaw

APRIL 26, 2024

Switzerland is a striking example of the Paris effect: the influence of the non-binding collective goals of the Paris Agreement (PA) on the interpretation of domestic constitutional law or international human rights law in climate litigation. 8 European Convention on Human Rights (ECHR). According to Art. France , paras.

Litigation 117

Litigation Litigating Court Diligence 117

JonathanTurley

JANUARY 14, 2024

” Judge Mizelle noted that the law stands in conflict with the Bruen decision. It also noted that the sweeping meaning of this provision: [The] legal principle cannot be used to abridge the right to bear arms by regulating it into practical non-existence.

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Statute Government Court Court Rules 58