Constitutional Law Reporter

APRIL 30, 2024

Georgia , 601 U.S. _ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. The court vacated both the malice-murder and felony-murder verdicts pursuant to Georgia’s so-called repugnancy doctrine, and authorized retrial. Supreme Court.

Felony 59

Felony Court Constitutional Law Laws 59

Diane Drain

JANUARY 22, 2023

New Consumer Law Rights Taking Effect in 2023 National Consumer Law Center “NCLC”, summarizes significant changes in the consumer rights laws. This NCLC article lists federal and state consumer law rights scheduled to go into effect or expire, during the period from November 17, 2022, through December 31, 2023.

Court Decisions 209

Court Decisions Law Office Laws Lawyer 209

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.

Government 223

Government Court Decisions Litigation Litigating 223

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.” Sinclair v.

Court 105

Court Laws Construction Court Decisions 105

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. By contrast, the petition in Mallory v.

Statute 105

Statute Stare Decisis Court Manufacturing 105

Broadcast Law Blog

AUGUST 21, 2018

Yesterday, the US Court of Appeals for the Ninth Circuit issued its decision reversing the District Court’s opinion and sending the case back to the District Court for additional hearings. Federal law did not recognize a copyright in sound recordings until 1972. The issue in California, however, is still open.

Court Decisions 40

Court Decisions Court Laws Litigation 40

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.

Statute 105

Statute Lawyer Lawyers Court 105

Conflict of Laws

MAY 17, 2023

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

Court Statute Lawyer Lawyers 52

SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. One of Cortada’s more jarring images concerns the court’s 1976 decision in Proffitt v.

Court 121

Court Constitutional Law Lawyer Lawyers 121

Broadcast Law Blog

OCTOBER 27, 2017

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 ).

Court 40

Court Court Decisions Statute Laws 40

SCOTUSBlog

APRIL 26, 2022

It is a sequel of sorts to the court’s 2020 decision in McGirt v. Oklahoma , the most monumental federal Indian law decision of the new century. But Congress never terminated the reservation, nor did it authorize Oklahoma to enforce its criminal laws on the reservation. Those cases, led by United States v.

Government 96

Government Court Laws Legal 96

SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. Georgia, by contrast, argues that Nance must bring the Eighth Amendment claim under the federal habeas statutes.

Litigation 103

Litigation Litigating Statute Constitutional Law 103

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 40

Court Rules Contract Laws Court 40

SCOTUSBlog

APRIL 15, 2021

The court will likely be paying special attention to three of them, which are this week’s new relists. The court will be considering each of them for a second time. Two of the cases involve criminal law, and one is a capital case. The third case involves a fairly arcane issue of pleading claims under federal pension law.

Court 72

Court Laws Government Criminal Law 72

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S. United States , No.

Court 40

Court Litigation Litigating Attorney 40

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.

Court 232

Court Litigation Litigating Attorney 232

LawSites

MARCH 18, 2024

the morning of a critical meeting at Harvard Law School, where I worked. Harvard professor Jonathan Zittrain and l were sitting down with Daniel Lewis and Nik Reed , the founders of a legal research startup named Ravel Law, along with lawyers from Harvard’s Office of General Counsel, Debevoise & Plimpton and Gundersen Dettmer.

Metadata 104

Metadata Court Decisions Contract Legal 104

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. Jackson Women’s Health Organization , Mississippi’s request for the Supreme Court to weigh in on the constitutionality of a state law that bans abortion after the 15th week of pregnancy.

Court 109

Court Lawyer Lawyers Court Decisions 109

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.

Court 121

Court Lawyer Lawyers Administrative Assistant 121

Constitutional Law Reporter

JUNE 9, 2022

1255 , which would have made Patel and his wife lawful permanent residents. The Eleventh Circuit held that it lacked jurisdiction to consider his claim, citing that Federal law prohibits judicial review of “any judgment regarding the granting of relief” under §1255. No court may even hear the case. Not anymore.

Immigration 52

Immigration Court Statute Government 52

JonathanTurley

JULY 4, 2022

After major rulings on gun rights, abortion and climate change, Democratic leaders and pundits declared the court to be “illegitimate.” Madison in 1803, when the court ruled that it must be the final arbiter of what the law means. However, putting aside the basis for the decision, it helped stabilize our system.

Court Rules 45

Court Rules Court Laws Court Decisions 45

JURIST

JUNE 13, 2022

” Trump lawyer Matt Morgan relayed that law firms began to “disengage” from the Trump campaign amid allegations of voter fraud as they did not feel comfortable advancing those arguments. The former US Attorney for the Northern District of Georgia B.

Legal 118

Legal Legal Lawyer Lawyers 118

ClimateChange-ClimateLaw

APRIL 9, 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. Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 3d 849 (9th Cir.

Court 114

Court Statute Litigation Litigating 114

SCOTUSBlog

FEBRUARY 2, 2024

In 2022, Georgia officials rebuffed a challenge to U.S. A state administrative law judge agreed that Greene’s “heated rhetoric may well have contributed to the environment that ultimately led to” the attack on the Capitol, but he concluded that she had not engaged in an insurrection. Marjorie Taylor Greene’s eligibility. And on Dec.

Court 145

Court Lawyer Lawyers Laws 145