SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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Statute Legal Legal Court 108

LawTechnologyToday

MARCH 23, 2023

Change is afoot in a legal sector known for its traditional working practices. The latest in legal technology may seem overstated to some. However, it is abundantly obvious that many legal technology solutions are already significantly improving the lives of attorneys. This can lead to increased client satisfaction and loyalty.

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Legal Technology Solution Technology Document Review Lawyer 84

JURIST

SEPTEMBER 21, 2022

Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Human rights experts across the world have accused Russia of genocide during its invasion of Ukraine.

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Statute Contract Construction Court 104

SCOTUSBlog

APRIL 14, 2023

Jean Francois Pugin has been living in the United States since 1985, when he came to the country as a legal permanent resident. Fernando Cordero-Garcia has been living in the United States since 1965, when he entered as a legal permanent resident. An immigration judge agreed and ordered Pugin removed.

Immigration 109

Immigration Statute Felony Court 109

Paralegal-Edu.Org

APRIL 26, 2024

In the intricate scene of the legal sphere, attorneys are the ones who mostly grab all the attention due to famous trials and their outcomes, TV shows, movies, and let’s face it, their income. This is why paralegals are the unsung heroes of the legal profession.

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Paralegal Paralegals Legal Assistant Legal Assistance 76

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. These suits were brought forward through a unique legal mechanism called ‘ Acción de Cumplimiento ’ (roughly translated as compliance action). Among the main legal statutes are: Law 164 of 1994 on the UNFCCC.

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Legal Legal Laws Government 76

JURIST

SEPTEMBER 28, 2021

The ICC prosecutor’s office did defer the investigation, as required by the Rome Statute , but continued to work closely with Afghan authorities with a view of “sharing the burden of the investigation.”

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Statute Construction Government Legal 104

SCOTUSBlog

MAY 19, 2023

The plain language of the statute, the court found, does not require that the delinquent taxpayer have a legal interest in the records summoned by the IRS. Court of Appeals for the 9th Circuit was willing to excuse the relevant notice only if the delinquent taxpayer had some legal interest or title in the object of the summons.

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Statute Legal Legal Law Firm 100

Patently O

NOVEMBER 22, 2023

Although MPF claims may seem broad on their face, the statute limits their scope to cover only the corresponding structures disclosed in the patent document (the specification) and their equivalents. ” The decline in MPF claims can be linked to several legal decisions and changes in patent doctrine. Citrix Online , LLC, 792 F.3d

Construction 64

Construction Technology Statute Drafting 64

Day on Torts

NOVEMBER 15, 2022

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. quoting Tenn.

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Prima Facie Case Tort Statute Construction 59

SCOTUSBlog

JANUARY 15, 2022

The question in Boechler is whether the statute bars a taxpayer who missed the deadline from asserting equitable tolling, which allows courts to excuse missed deadlines in some circumstances. Under applicable precedent, if the statute makes the 30-day time limit jurisdictional, then equitable-tolling claims are barred.

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Statute Construction Court Drafting 106

Constitutional Law Reporter

SEPTEMBER 8, 2023

Under the overbreadth doctrine, if the challenger demonstrates that the statute “prohibits a substantial amount of protected speech” relative to its “plainly legitimate sweep,” then society’s interest in free expression outweighs its interest in the statute’s lawful applications, and a court will hold the law facially invalid.

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Immigration Court Statute Construction 52

At the Lectern

APRIL 9, 2024

Solicitor General Seth Waxman and three of his colleagues at WilmerHale; the American Civil Liberties Union of Northern California; the American Civil Liberties Union Capital Punishment Project; and the NAACP Legal Defense and Educational Fund. California’s Constitution contains its own equal protection provision. Rule 8.487 (a)(1).)

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Court Statute Construction Education 92

Patently O

MAY 20, 2022

using the data model to construct a client application also with the user interface paradigm. ” During claim construction, Microsoft had asked for the term to be construed as meaning “no human labor required.” Microsoft’s counsel then asked, “Can we resolve the claim construction issue?”

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Construction Litigation Litigating Statute 80

ClimateChange-ClimateLaw

APRIL 18, 2023

The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas ban” was the first local ordinance in the country to effectively require all-electric construction of new buildings. Clean Air Act, not EPCA.

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Construction Government Legal Legal 114

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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Court Statute Government Calendaring 59

ClimateChange-ClimateLaw

SEPTEMBER 29, 2021

Professor Michael Gerrard gave a presentation about the legal and procedural issues that would be involved. Note: On September 26, 2019, the Vanuatu Permanent Mission to the United Nations hosted a workshop on seeking an advisory opinion on climate change from the International Court of Justice.

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Legal Legal Court Construction 80

ClimateChange-ClimateLaw

MARCH 18, 2021

Win with Wind is a client of the Renewable Energy Legal Defense Initiative (“RELDI”), a joint effort by the Sabin Center and the law firm of Arnold & Porter to provide pro bono legal counsel to groups and individuals who support renewable energy projects in their communities.

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Construction Statute Law Firm Law Firms 87

SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. That statute is known as the jurisdictional bar. Justice Stephen Breyer suggested that Patel’s position has “legal virtue.” Don’t those two presumptions kind of cancel each other out, and we’re left with just reading the statute as it’s written?”

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Immigration Court Statute Government 135

FDA Law Blog

JULY 7, 2021

In a 2-1 decision issued on July 6, 2021, the court granted the petitions for review and vacated FDA’s rule on the ground that FDA did not have legal authority to ban an otherwise legal device for a particular use. In April 2020, JRC and the parents and guardians of its patients petitioned the D.C.

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Statute Court Construction Drafting 52

Patently O

JUNE 15, 2021

Although it required invention in name, it was really just becoming a replacement to monopolies barred by the Statute of Monopolies (1624). . Exactions and frauds, in all the forms which rapacity can suggest, are daily imposed and practised under the pretence of some legal sanction. Van Ness argues that the U.S.

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Statute Manufacturing Construction Laws 92

SCOTUSBlog

DECEMBER 3, 2021

Congress designed adjustment of status to require a person to first meet precise eligibility requirements that include a showing they entered the United States lawfully, are in a qualifying legal category (i.e., Cardoza-Fonseca , Patel uplifts the doctrine of interpreting ambiguities in a statute in favor of the noncitizen.

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Immigration Statute Government Court 143

SCOTUSBlog

NOVEMBER 3, 2023

Under the federal statute governing these contracts, tribes can then keep third-party insurance revenue so long as they spend it on health care. To comply with both its Indian Health Service contract and the federal statute, the court of appeals explained, the tribe has to spend revenue from third parties on health care programs.

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Government Contract Statute Court 99

Conflict of Laws

DECEMBER 6, 2023

The decision is significant too for private international law nerds like myself, contemplating how to resolve choice of law questions in our age of statutes. Rather, the application of ACL s 23 to Mr Ho’s contract, a contract made outside Australia, was described as ‘a question of statutory construction’: [18].

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Contract Laws Court Statute 69

Patently O

OCTOBER 18, 2023

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

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Statute Attorney Sports Court 64

SCOTUSBlog

MARCH 24, 2023

Moreover, the government maintains that laws prohibiting abetting or encouraging a criminal offense were well established at the Founding, meaning there is “no tenable argument that the original understanding of the First Amendment limited ‘statutes that penalize encouragements to specific crimes.’”

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Immigration Laws Government Statute 120

SCOTUSBlog

DECEMBER 10, 2020

At argument, the justices principally appeared frustrated by the statute, if for different reasons. He argued that usual rules of grammar and statutory construction require the phrase “using a random or sequential number generator” to apply to both verbs, “store” and “produce.”

Technology 103

Technology Statute Court Government 103

The IP Law Blog

MAY 7, 2021

And regardless, even if Hytera did not know it at the time it brought the case, Motorola also claimed that Hytera failed in its duty by continuing to rely solely on theories that were unsupportable under the claim construction that was adopted by the Court. However, they were not entirely baseless or frivolous.

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Court Litigation Litigating Construction 94

Patently O

MAY 25, 2021

Except with regard to venue, jurisdictional, and claim construction-related discovery, all other discovery is stayed until after the Markman hearing. Thus, the question appears to be whether a recently closed business still counts as a “regular and established place of business” for venue purposes under the statute.

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Construction Statute Court Legal 76

Broadcast Law Blog

FEBRUARY 13, 2022

Applications or authorizations for those reserved channels did not result in the construction of new noncommercial stations, so the FCC has decided to remove the noncommercial reservation and make those channels available for commercial use in a future FM auction. We wrote in more detail about these changes, here. ( Federal Register ).

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Construction Legal Legal Government 105

SCOTUSBlog

APRIL 29, 2022

The Fund for Protection of Investors’ Rights in Foreign States , the justices wrestled with whether private commercial arbitrations and bilateral investment treaty arbitrations qualify as tribunals within the meaning of the statute. Plain text of the statute. ZF did not achieve a knock-out win based on the plain text of the statute.

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Government Statute Court Legal 97

ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

The Sabin Center’s Renewable Energy Legal Defense Initiative provides pro bono legal counsel to community members who support renewable energy projects.) . These permitting decisions may then subject transmission lines to NEPA, among other statutes. . Three Regulatory Regimes. Three Recent Pipeline Setbacks.

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Construction Litigation Litigating Court 55

Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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Court Statute Cause of Action Contract 40

Patently O

OCTOBER 17, 2023

by Dennis Crouch The intersection between factual inquiries and legal conclusions in patent law is a complex and ever-evolving area, this is especially true in obviousness doctrine. This case provides an important reminder of the care required in delineating the fact finding and legal determinations in patent trials. In Cyntec Co.

Laws 64

Laws Legal Legal Court 64

SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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Stare Decisis Administrative Law Statute Government 85

SCOTUSBlog

JUNE 4, 2021

411(b) , asking the justices to clarify when the statute requires lower courts to refer copyright-registration disputes to the U.S. The author argues against this narrow construction, reasoning that copyright management information can even exist in codes or symbols that are indecipherable to humans yet still worthy of legal protection.

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Law Firm Law Firms Government Legal 106

At the Lectern

FEBRUARY 3, 2022

“Few legal metaphors enjoy more prominence than that of a legal issue ‘percolating’ through the courts.” ” The Court of Appeal concluded that a statute “obligated the [juvenile] court to terminate services. ” (Michael Coenen, Seth Davis, Percolation’s Value (2021) 73 Stan.

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Construction Statute Court Legal 53