Constitutional Law Reporter

APRIL 4, 2023

“Best read, the BSA treats the failure to file a legally compliant report as one violation carrying a maximum penalty of $10,000, not a cascade of such penalties calculated on a per-account basis,” Justice Neil Gorsuch wrote on behalf of the majority. Instead, the relevant legal duty is the duty to file reports.”

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Constitutional Law Reporter

MARCH 5, 2024

2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

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Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Younger : The cases centers onthe preservation of legal claims for appeal.

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JURIST

DECEMBER 4, 2022

Smith maintains that the purpose of the Act is not to stealthily deliver unconstitutional powers to the Albertan government, but rather to allow the provinces to challenge unconstitutional laws implemented by the Federal government.

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Constitutional Law Reporter

JANUARY 26, 2023

In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. 223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text.

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SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. Mirow and Howard Wasserman. The numbers on either side of the chair are also significant.

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Court Constitutional Law Lawyer Lawyers 120

SCOTUSBlog

OCTOBER 28, 2022

Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime. United States that to be convicted under the felon-in-possession statute, the government has to prove not only that the defendant knowingly possessed a gun, but that he knew he was prohibited from doing so.

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JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Constitutional Law Reporter

OCTOBER 25, 2023

The consumer watchdog has survived previous legal challenges and may again escape unscathed. In granting certiorari, the justices have agreed to decide the following question: “Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C.

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Constitutional Law Reporter

NOVEMBER 11, 2021

The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. The post SCOTUS Hears Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Thompson v.

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Conflict of Laws

DECEMBER 21, 2023

Maarten Herbosch, Contracting with Artificial Intelligence – A Comparative Analysis of the Intent to Contract, 672–706, DOI: [link] Computer systems based on artificial intelligence (AI) are an increasing presence in everyday legal practice. 1 and other provisions under the German Basic Law. , 728–747, DOI: [link] [Open Access: CC BY-SA 4.0]

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Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.” The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity.

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Constitutional Law Reporter

MARCH 14, 2023

The Bankruptcy Court found that David had committed fraud and imputed his fraudulent intent to Kate because the two had formed a legal partnership to renovate and sell the property. “By doing so, Congress cut from the statute the strongest textual hook counseling against the outcome in Strang,” she wrote.

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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.: Please check back for updates as they justices hear oral arguments.

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Attorney Constitutional Law Lawyer Lawyers 59

JonathanTurley

NOVEMBER 14, 2021

However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

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Constitutional Law Reporter

MARCH 21, 2022

In reaching its decision, the Court noted that no statute or rule provides a general standard to apply in deciding whether intervention on appeal should be allowed. A state’s opportunity to defend its laws in federal court should not be lightly cut off,” Justice Alito explained. Justice Samuel Alito wrote on behalf of the Court.

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SCOTUSBlog

JUNE 27, 2022

Reminding the majority of why Miranda is an iconic, venerated case that represents one of the highest watermarks of American constitutional law, Kagan noted that Miranda “responded to problems stemming from the interrogation of suspects ‘incommunicado’ and ‘in a police-dominated atmosphere.”

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Court Constitutional Law Government Statute 101

Conflict of Laws

MAY 9, 2023

Written by Zuzanna Nowicka , lawyer at the Helsinki Foundation for Human Rights and lecturer at Department of Logic and Legal Argumentation at University of Warsaw In the aftermath of the judgment of the ICJ of 2012 in the case of the Jurisdictional Immunities of the State (Germany v.

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Court Constitutional Law Laws Legal 40

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. The vagueness problems could be reduced by limiting the scope to adult entertainment settings.

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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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LexForti

OCTOBER 4, 2021

Court referred the case of In Re: Expeditious Trial of Cases under Section 138 of the NI Act, 1881 and emphasized that the Judiciary cannot transgress into the domain of the Policy making by re-writing the Statute. The post Courts cannot re-modify Laws | Scope limited to Judicial Review only! Final Finding.

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JonathanTurley

SEPTEMBER 29, 2022

However, one line in the email is particularly concerning: “Academic freedom is not a defense to violation of law, and faculty or others in charge of classroom topics and discussion must themselves remain neutral on the topic and cannot conduct or engage in discussions in violation of these prohibitions without risking prosecution.”

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Constitutional Law Reporter

FEBRUARY 22, 2021

Legal Background. Second, the features of a reopening decision make it one “ by which rights or obligations have been determined, or from which legal consequences will flow.” Railroad Retirement Board Decision Subject to Judicial Review appeared first on Constitutional Law Reporter. The system is administered by the U.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

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.” Congress may enact legal prohibitions and obligations. Robins, 578 U.S.

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JonathanTurley

DECEMBER 15, 2021

The referral shows how such ambiguous statutes undermine free speech. 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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JonathanTurley

JULY 3, 2022

Jackson Women’s Health Organization , I noted that it would be even harder to use this law because the statute refers to “interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge … in the discharge of his duty.”

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LexForti

JUNE 10, 2021

Bhagatram , the question before the court was ‘whether ONGC (Oil and Natural Gas Corporation), LIC (Life Insurance Corporation of India) and IFC (International Finance Corporation) created by statutes would come under the purview of ‘state’ under Article 12.’

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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Statute Construction Contract Court 52

LexForti

MAY 12, 2021

Bhagatram , the question before the court was ‘whether ONGC (Oil and Natural Gas Corporation), LIC (Life Insurance Corporation of India) and IFC (International Finance Corporation) created by statutes would come under the purview of ‘state’ under Article 12.’.

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Government Court Statute Constitutional Law 52

JonathanTurley

NOVEMBER 30, 2021

The Washington Post has been criticized for running a column by Aaron Tang , professor of law at the University of California at Davis, claiming an originalist basis for the right to abortion. The column makes highly dubious claims over the legality of early stage abortions and the likely understanding of the Framers of such a right.

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Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. The post Justices Hear Oral Arguments in Four Cases appeared first on Constitutional Law Reporter.

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Immigration Statute Tort Healthcare 52

JonathanTurley

JANUARY 5, 2024

That statute expressly allows the commissioner of the New York City Department of Social Services (DSS) to sue to recover costs. Such inquiries would themselves violated legal and constitutional protections. .” Of course, these companies are not transporting people to make them a public charge.

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Statute Contract Litigation Litigating 68

Constitutional Law Reporter

AUGUST 2, 2023

The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court.

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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. 8 violates the Constitution.

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Constitutional Law Reporter

FEBRUARY 1, 2022

Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges. The rule thus fits neatly within the language of the statute.”. However, held in Biden v.

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SCOTUSBlog

OCTOBER 30, 2022

Bollinger declared an expectation that affirmative action would no longer be necessary in 25 years — a self-imposed expiration date that would be unheard of in any other area of constitutional law. But the initial Constitution was of course not colorblind: It protected slavery. 9, another remedial statute is at risk.

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JonathanTurley

SEPTEMBER 2, 2023

” Again, the statute does not define “substantial function” or “predominant … function,” leaving companies to guess whether their online services are covered.

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