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Supreme Court takes Clean Water Act case

SCOTUSBlog

Avenatti came to the Supreme Court earlier this year, asking the justices to decide whether one of the statutes under which he was convicted – barring fraud that deprives someone else of “the intangible right of honest services” – is so vague that it is unconstitutional. A Florida state court upheld Cunningham’s conviction.

Court 100
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Florida Supreme Court Rejects Public Performance Right in Pre-1972 Sound Recordings – What’s Next?

Broadcast Law Blog

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?

Court 40
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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

Court 52
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Justices to review long-simmering dispute over gambling on tribal lands in Texas

SCOTUSBlog

Gambling on tribal lands first came to prominence with a Seminole casino in Florida in the late 1970s. The Supreme Court first addressed the problem squarely in its 1987 decision in California v. Some background about the general compromise that governs that problem sets the stage for this dispute.

Statute 114
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Why the ‘Machinery of Death’ Keeps Running

The Crime Report

For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. This time the court’s verdict was less equivocal, though no less divided.

Statute 105
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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

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. Returning Relists.

Statute 103
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Returning regulation to the states, and predictable harms to health

SCOTUSBlog

The Dobbs dissent rightly predicted that discovering what kind of abortion regulation is “legitimate” will lead to even more abortion litigation. Florida is a hybrid, with the courts holding that the state constitution protects access to abortion yet laws that restrict it.

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