SCOTUSBlog

JANUARY 19, 2022

Share Four years ago, Congress passed the First Step Act , a bipartisan criminal-justice law that aimed to reduce overly severe sentences. Last year, the Supreme Court trimmed the scope of that law, unanimously ruling that one of its reforms does not apply to certain low-level crack-cocaine offenders. The case, Concepcion v.

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Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation.

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Patently O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. Because of that heavy threshold, a CVSG is typically seen as an important signal that the court is likely to grant certiorari. Qualcomm Incorporated , No. 35 U.S.C. § Alice Step 1).

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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. ,

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At the Lectern

NOVEMBER 2, 2021

Malcolm Maclachlan reports in today’s Daily Journal about impending state legislation to change the name of the UC Hastings law school because of recent focus on the institution’s founder, Serranus Hastings. In 1878, he donated $100,000 of his considerable wealth to found Hastings College of Law. 276-280, 348-350.).

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The Crime Report

JUNE 29, 2021

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances.

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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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Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. The Government claims that the easement includes public access, which petitioners dispute.

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SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Joseph Greenlee is the director of constitutional studies at FPC Law. Bruen is a happy ending to a cautionary tale about what happens when constitutional rights are left to government discretion.

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Constitutional Law Reporter

MAY 10, 2023

The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. The Supreme Court is expected to issue opinions in the cases prior to the end of the Term in June.

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SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Court of Appeals for the 9th Circuit. From 2012 to 2016, Hansen earned an estimated $1.8

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ClimateChange-ClimateLaw

APRIL 18, 2023

Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. While a handful of local prohibitions fall within the Ninth Circuit decision’s scope, many more do not. Options that remain available to local governments are addressed in the next section.

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SCOTUSBlog

FEBRUARY 21, 2022

Some background about the general compromise that governs that problem sets the stage for this dispute. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. The success of that facility led to proliferation of the business model.

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SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. The government again seeks review of the 9th Circuit’s holding. Two years ago, in United States v. citizenship through adult adoption.

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SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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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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FDA Law Blog

JUNE 7, 2023

The court handed down its decision in cases colloquially referred to as SuperValu, which readers may recall from our coverage of another, related circuit court decision and the Supreme Court oral arguments. In this case, the Supreme Court provided greater clarity on how to interpret that requirement.

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SCOTUSBlog

APRIL 16, 2021

Though Alaska became part of the United States in 1867, the federal government only fitfully devoted attention to the status of the new territory’s Indigenous peoples. Consequently, when Alaska became a state in 1959 and when, soon thereafter, oil was discovered in Prudhoe Bay, federal law left open many questions — especially land ownership.

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FDA Law Blog

NOVEMBER 30, 2022

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.”

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. MoneyGram applied the common-law escheatment practices outlined in Texas v. In Delaware v. New Jersey , 379 U.S.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.”

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Hoban Law Group

APRIL 13, 2021

The filing of “protective” claims for refund as a hedge against the draconian provisions that govern the federal taxation of cannabis, and particularly for marijuana, is one of those things properly placed at the top of the no-brainer list. appeared first on Hoban Law Group.

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The Crime Report

SEPTEMBER 2, 2022

For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. Yet it left the door open for states to implement or reform their own laws – and some chose to preserve capital punishment. This time the court’s verdict was less equivocal, though no less divided. Austin Sarat.

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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.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Arellano appealed, arguing that his award’s effective date should be governed by an exception in §5110(b)(1), which makes “[t]he effective date of an award of disability compensation. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter. Department of Veterans Affairs , 498 U.S.

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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. In a watershed decision in Gideon v. Mirow and Howard Wasserman.

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Conflict of Laws

JANUARY 11, 2024

However, believing that the painting had been lost during the war, the family accepted 13,000 US dollars in compensation from the German government, which would be the equivalent of 250,000 US dollars today. In 2020, the US Court of Appeals for the Ninth Circuit found in favor of Spain, again applying Spanish law.

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SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. Tekoh presents the court with that question. Share Miranda v.

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Broadcast Law Blog

APRIL 25, 2013

This week, the Chairman of the US House of Representatives Judiciary Committee issued a press release stating that he intends that the Committee do a thorough reexamination of the Copyright Act , noting that new technologies stemming from digital media have upset many settled expectations in Copyright Law, and confused many issues.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” In Durbin v.

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Statute Healthcare Court Constitutional Law 52

Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Alex Mills, Party Autonomy in Private International Law (CUP, 2018) p. The parties also agreed that English law should be the governing law.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Court of Appeals for the 9th Circuit rejected that claim. Tingley also asks the court to overrule Employment Division v. Four years ago, the Supreme Court held in Nieves v.

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Diane Drain

DECEMBER 31, 2020

The Consolidated Appropriation Act “CAA”, I can only assume, like so many of the other laws created by the Legislative branch, that this huge Act contains lots of special interest provisions, but I regress. December 27, 2020 Congress passed the longest bill ever – 5,600 pages. A brief description of the amendments follows.

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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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At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”

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JURIST

FEBRUARY 28, 2023

The case arose over a 2019 New York law that prohibits an employer from “discriminat[ing] nor tak[ing] any retaliatory personnel action against an employee with respect to compensation, terms, conditions, or privileges of employment because of or on the basis of the employee’s or dependent’s reproductive health decision making.”

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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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