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.
LegalReader
JULY 23, 2021
Georgia Court of Appeals reverses previous trial court decision and sets stage for new trial.
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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. Goertz , 21-442.
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.
Conflict of Laws
MAY 17, 2023
These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. 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. They apply federal common law.
Broadcast Law Blog
AUGUST 21, 2018
The decision looks like a simple premise that digitization is no magic bullet to defeat pre-1972 sound recording claims, but there is much to unpack in this seemingly straightforward decision. First, we need to provide a little background on the litigation over pre-1972 sound recordings.
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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