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 97

JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). O.C.G.A. §

Court Rules 37

Court Rules Contract Laws Court 37

SCOTUSBlog

DECEMBER 3, 2022

Dissatisfied with the purchase, Buckley eventually obtained a judgment in a California state court based on the failure of the Bartenwerfers to disclose information about the house on the standard-form Transfer Disclosure Statement. The statute refers to the discharge of “any” debt obtained by “fraud.”

Statute 72

Statute Malfeasance Court Decisions Court 72

SCOTUSBlog

JUNE 1, 2023

Share As expected, Thursday’s decision in Slack Technologies v. Pirani rejected a lower-court ruling that had substantially broadened liability for publicly traded companies under Section 11 of the Securities Act of 1933. Rather, shareholders sell theirpreexisting shares into the public securities market.

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Statute Technology Court Court Decisions 80

The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. In September 2018, Lane challenged his 2007 conviction for failure to register based on the new appeals court decision.

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Statute Court Felony Attorney 119

FDA Law Blog

JUNE 7, 2023

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. The cases were both brought under the False Claims Act (FCA), the Civil War-era law that the government uses to claw back funds it pays out to parties that overbill federal programs.

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Court Statute Government Court Rules 40

SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.”

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Felony Statute Court Attorney 131

Conflict of Laws

MAY 6, 2024

Dr Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham; Senior Research Associate; Private International Law in Emerging Countries, University of Johannesburg) We would like to thank Joy Chebet, Law Student at Kenyatta University, for her research assistance and comments.

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Court Laws Statute Litigation 68

Conflict of Laws

JANUARY 11, 2024

Court decisions In 2019, a US District Judge for the Central District of California, applying Spanish law, found that court filings did not demonstrate a “willful blindness” on the part of the Museum, when it added the painting to its collection. The case was returned to the Court of Appeals.

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Statute Laws Court Court Rules 45

Patently O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Law Review article titled “ The Permissibility of Acting Officials: May the President Work Around Senate Confirmation? — Dennis Crouch. 2) The statutory issue.

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Statute Court Litigation Litigating 77

Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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Court Cause of Action Government Court Rules 52

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Next up is Kelly v.

Statute 101

Statute Stare Decisis Court Manufacturing 101

SCOTUSBlog

JUNE 30, 2022

Share This article is part of a symposium on the court’s decision in Dobbs v. Utley professor of health law at Boston University School of Public Health and professor of law at Boston University School of Law. “[T]he Occasionally, “rational basis with teeth” finds laws lack even a legitimate purpose – Lawrence v.

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Laws Court Government Statute 88

ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Construction Government Legal Legal 114

SCOTUSBlog

JANUARY 25, 2022

Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund.

Court Rules 119

Court Rules Court Statute Education 119

Broadcast Law Blog

SEPTEMBER 25, 2014

As the summer of copyright comes to an end, the music licensing issues which arose causing me to repeatedly write about this extremely contentious season in copyright law are by no means finished (see the most recent of our Summer of Copyright articles here ). This decision, on a summary decision motion, may quite well be appealed.

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Court Rules Court Statute Laws 40

FDA Law Blog

APRIL 23, 2021

The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. It did that by focusing on the text of the statute. So, the obvious question to many readers is how does this Supreme Court decision implicate FDA?

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Court Statute Punitive Damages Government 40

SCOTUSBlog

NOVEMBER 9, 2021

But when he moved back to Puerto Rico to be closer to his family, Vaello-Madero lost his SSI benefits because, by law, Puerto Rico residents are excluded from the program. On Tuesday, the Supreme Court will hear argument on whether that exclusion violates the Constitution. Two lower courts ruled in favor of Vaello-Madero.

Court 116

Court Government Depositions Laws 116

JonathanTurley

NOVEMBER 12, 2021

Supreme Court Justice Oliver Wendell Holmes once wrote that “hard cases make bad law.” Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too.

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Court Statute Small Business Lawyer 38

SCOTUSBlog

NOVEMBER 1, 2021

And if the regulation passes muster under current law, the diocese added, the court should consider whether to overrule Smith. “It It cannot be,” the diocese concluded, that the “Constitution allows New York to require religious groups to participate in a practice so fundamentally in conflict with their religious beliefs.”.

Court 85

Court Government Court Rules Statute 85

Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.

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Drafting Laws Litigation Litigating 98

SCOTUSBlog

DECEMBER 31, 2020

As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reasons – to the Supreme Court of the United States. All left an imprint on the court or the law. Some worked behind the scenes. A few attained modest fame.

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Court Lawyer Lawyers Administrative Assistant 117

JonathanTurley

FEBRUARY 7, 2023

The theory runs against the text, history, and case law of the Thirteenth Amendment. The court came to this question by a rather circuitous route. They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.”

Court 44

Court Laws Statute Contract 44

SCOTUSBlog

DECEMBER 3, 2021

The law further provides that if the president “determines … to take action to adjust imports of an article and its derivatives, the President shall implement that action by no later than the date that is 15 days after the day on which the President determines to take action.”. Mendota Heights Dental Center. United States.

Healthcare 85

Healthcare Tort Education Court 85

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

“Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 11, 2022

Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul. Beaumont, Paul R. Biresaw, Samuel Maigreg.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul. Beaumont, Paul R. Biresaw, Samuel Maigreg.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. University of Pittsburgh Law Review 82 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 28, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40

ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The Court’s decision concerned the interpretation of 28 U.S.C. By Margaret Barry and Korey Silverman-Roati. and non-U.S. climate litigation charts.

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”.

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Court Litigation Litigating Government 40

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

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Litigation Litigating Court Laws 40