Day on Torts
MAY 5, 2021
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.
SCOTUSBlog
JUNE 24, 2023
Kavanaugh noted that Congress defined the offenses in the immigration statute more broadly than the federal statute criminalizing obstruction of justice when it included the phrase “relating to” in the statute. Such “redundancies are common in statutory drafting,” Kavanaugh wrote. citizen].”
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The Crime Report
JULY 22, 2021
For example, a collection of evidence about a single felony offense will be broken down into separate misdemeanor offenses labeled as separate “acts.” Even though a judge, prosecutor and defendant agree it was only one criminal act, the multiple misdemeanors would be honored to lessen the penalty, yet still get a semblance of justice.
At the Lectern
APRIL 29, 2021
83 — and where the Attorney General has knowledge of, or is in actual or constructive possession of, such evidence — what duty, if any, does the Attorney General have to acknowledge or disclose that evidence to the petitioner? Maryland (1963) 373 U.S. Would any such duty be triggered only upon issuance of an order to show cause?
ClimateChange-ClimateLaw
JUNE 8, 2021
Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Department of Energy , Nos.
The Crime Report
SEPTEMBER 21, 2021
Over the last 50 years, we’ve constructed an enormous criminal justice apparatus. One of the things I’m very proud of is the work that we did [at John Jay College] through the Misdemeanor Justice Project. Do I doubt for a minute the importance of the reform movement that is focused on undoing that system? Not for a minute.
ClimateChange-ClimateLaw
AUGUST 4, 2021
The federal district court for the Northern District of California ruled that a restaurant trade association failed to state a claim that the federal Energy Policy and Conservation Act (EPCA) preempted the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new construction.
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