LegalReader

JULY 23, 2021

Georgia Court of Appeals reverses previous trial court decision and sets stage for new trial.

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SCOTUSBlog

NOVEMBER 27, 2023

Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. Because that is what happened here, he says, the decision of the Georgia Supreme Court should be reversed. Share Tuesday’s argument in McElrath v. The facts are simple. Period, full stop.

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Law 360

SEPTEMBER 14, 2023

The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

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Law 360

JANUARY 10, 2022

Recent state supreme court decisions from New York, New Mexico, Pennsylvania and Georgia implicate whether a corporate defendant will be subject to suit for claims unconnected to a state merely for registering to do business there, and the tension between the Georgia Supreme Court's decision and settled precedent means the issue may be before the U.S. (..)

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JURIST

NOVEMBER 16, 2023

The nation asserts that the city lacks criminal jurisdiction over Native Americans on the tribe’s lands without express congressional authorization, as per the 2020 US Supreme Court case McGirt v. The Muscogee Creek Tribe is originally from an area straddling the border between what is now Georgia and Alabama.

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JURIST

APRIL 25, 2022

.” Kennedy brought the case to the district court claiming the school district violated his First Amendment right of free speech. The district court ruled in favor of the that the school district. Kennedy appealed the district court decision to the Ninth Circuit Court of Appeals, which upheld the decision.

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Diane Drain

JANUARY 22, 2023

The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

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Law 360

FEBRUARY 7, 2022

A Georgia federal judge on Monday denied the Federal Trade Commission's bid to pause or dismiss its $550 million consumer deception case against FleetCor Technologies Inc. Supreme Court decision curbed the agency's authority, saying the "most equitable course" is to decide the merits in court. after a U.S.

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SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. In Cooper Tire & Rubber Company v.

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The Crime Report

SEPTEMBER 2, 2022

My research on capital punishment suggests that both the arguments of today’s abolitionists and the current stalemate can be traced back half a century to the Supreme Court’s 1972 decision in a landmark death penalty case: Furman v. Four years after Furman, the death penalty was back before the Supreme Court. Austin Sarat.

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The Crime Report

JUNE 23, 2022

In Georgia, medical costs for the elderly population in Georgia corrections facilities was nearly nine times the cost of care for nonelderly people in the system. Report authors highlighted a recent Supreme Court decision in Canada.

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Broadcast Law Blog

AUGUST 21, 2018

In most states, those suits have been dismissed with courts finding that state law did not provide for a performance right in these pre-1972 recordings (see our articles about decisions in New York , Florida and Georgia reaching that conclusion). The issue in California, however, is still open.

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Conflict of Laws

MAY 17, 2023

These rates were calculated by dividing (1) the total number of cases where a clause was enforced by (2) the total number of cases where the court considered the issue of enforceability. The state courts in Florida and Connecticut have become more likely to enforce in recent years. They apply federal common law.

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Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

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The Crime Report

APRIL 28, 2023

Henderson was the first federal court decision in the country that held “confinement for long periods of time without the opportunity for regular outdoor exercise does, as a matter of law, constitute cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution.” Supreme Court’s 1972 Furman v.

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SCOTUSBlog

SEPTEMBER 14, 2021

Cortada is a longtime Floridian who received his law degree from the University of Miami and is now a professor at the University of Miami Department of Art and Art History; his work combines his legal training with his artistic vision of how each Supreme Court decision shaped the nation. Florida , a companion case to Gregg v.

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SCOTUSBlog

APRIL 22, 2022

Georgia, by contrast, argues that Nance must bring the Eighth Amendment claim under the federal habeas statutes. Georgia argues that Nance’s lethal injection challenge is Heck­ -barred, and the U.S. Court of Appeals for the 11th Circuit took that position below — “reconstruing” Nance’s Section 1983 complaint as a habeas petition.

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SCOTUSBlog

APRIL 26, 2022

Georgia in 1832, states cannot prosecute crimes committed on Indian reservation land without federal approval. But Congress never terminated the reservation, nor did it authorize Oklahoma to enforce its criminal laws on the reservation. Black-letter federal law provides that, since at least Worcester v.

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SCOTUSBlog

APRIL 15, 2021

The Georgia Supreme Court concluded that the shackles had little effect on the jury in light of the evidence of Whatley’s dangerousness, and the U.S. Court of Appeals for the 11th Circuit, by a 2-1 vote, held that conclusion was not unreasonable. Last up is Allen v.

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ClimateChange-ClimateLaw

JULY 6, 2017

The Second Circuit Court of Appeals affirmed the dismissal of claims by Allco Finance Limited (Allco) that federal law preempted Connecticut’s renewable energy solicitations and that Connecticut’s Renewable Portfolio Standard (RPS) program violated the dormant Commerce Clause. ADDITION TO THE NON-U.S. CLIMATE LITIGATION CHART.

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JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. In a 2-1 panel decision, the court also found that the was overly broad.

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JURIST

JANUARY 31, 2024

The US Eighth Circuit Court of Appeals declined Tuesday to rehear with the full Eighth Circuit panel of judges a prior appeals court decision curtailing private organizations’ ability to sue under section two of the Voting Rights Act for alleged racial gerrymandering in redistricting decisions.

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LawSites

MARCH 18, 2024

We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law. This was not easy.

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SCOTUSBlog

APRIL 19, 2021

The court rejected a petition for review filed by Frederick Whatley , who was convicted of murder in connection with an armed robbery in Georgia. There is no deadline for the acting solicitor general to file her brief. Whatley argued that U.S.

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Constitutional Law Reporter

JUNE 9, 2022

Because USCIS was aware that Patel had previously checked a box on a Georgia driver’s license application falsely stating that he was a United States citizen, it denied Patel’s application for failure to satisfy the threshold requirement that the noncitizen be statutorily admissible for permanent residence.

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SCOTUSBlog

DECEMBER 31, 2020

In an article for Woodward Academy, a private school in Georgia that O’Brien attended, he reflected on his early days as a Supreme Court reporter: There was no internet in those days, nor even cable television. And I had their ear, explaining Supreme Court decisions on a regular basis over many years.

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JonathanTurley

JULY 4, 2022

However, putting aside the basis for the decision, it helped stabilize our system. Jackson wrote in a 1953 Supreme Court decision , “We are not final because we are infallible, but we are infallible only because we are final.”. Some early Americans declared they would simply defy what the court ruled after Marbury.

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JURIST

JUNE 13, 2022

The former US Attorney for the Northern District of Georgia B. He also testified that in all of the court decisions he reviewed regarding Trump’s claims, the Trump campaign did not make cogent claims of fraud.

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JURIST

DECEMBER 19, 2023

Under the Supreme Court decision Allen v. Rights groups have recently challenged redistricting maps in Georgia , Tennessee , North Dakota , Louisiana , Alabama , and South Carolina. Milligan , states are required to consider racial criteria when redistricting to avoid diluting the voting power of protected groups.

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SCOTUSBlog

FEBRUARY 2, 2024

In 2022, Georgia officials rebuffed a challenge to U.S. 27, the Michigan Supreme Court declined to review a lower-court decision that allowed Trump to appear on the state’s primary ballot. As in Minnesota, the lower court’s ruling does not foreclose a new challenge to Trump’s appearance on the general election ballot.

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ClimateChange-ClimateLaw

APRIL 9, 2021

Georgia , No. Circuit Court of Appeals granted the U.S. Circuit Vacated Trump EPA’s Significant Contribution Rule.

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