JURIST

APRIL 19, 2024

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. Because the law requires a general intent, Stiglich found no risk of arbitrary enforcement.

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JURIST

NOVEMBER 30, 2022

Called the Alberta Sovereignty within a United Canada Act , the proposed legislation empowers the provincial cabinet to dismiss federal laws, programs, and policies. The Alberta Sovereignty Act originated as a plank of the Free Alberta Strategy , and sought to empower the government to ignore court decisions as well.

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SquirePattonBoggs

SEPTEMBER 13, 2023

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). Why it did so reveals some key insights into how the Sixth Circuit thinks about state-law certification. Purdue Pharma L.P.,

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Patently O

FEBRUARY 24, 2022

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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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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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The issues in both cases involves the federal law that prohibits felons from possessing firearms, 18 USC §922(g). Decisions in both cases should come this summer. Two years ago in Rehaif v.

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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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JURIST

JUNE 10, 2021

The US Court of Appeals for the Eighth Circuit on Wednesday affirmed a lower court decision to block enforcement of a Missouri law that would place tight restrictions on access to abortion. The first bans abortion after eight weeks, with an exception in the case of a medical emergency but not in cases of rape or incest.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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Patently O

APRIL 11, 2024

Yegge Endowed Distinguished Professor of Law and Provost’s Professor, University of Denver Sturm College of Law. In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. Guest post by Tim Holbrook.

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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

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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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. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S. The men filed their lawsuit in 2008 under the 1789 U.S.

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. Many of the justices seemed to agree. California.

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SCOTUSBlog

JUNE 1, 2023

Often, as in this case, there is a registration statement, because other provisions of the securities laws obligate some, but not all, of those shareholders to register their shares before selling them. Osofsky , authored by the renowned Judge Henry Friendly (for whom Chief Justice John Roberts was a law clerk).

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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.

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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

SEPTEMBER 29, 2021

The statute would create a rebuttable presumption of consolidation. The new statute would list factors that a district court should consider when determining whether or not to grant a stay, all the changes would tend to promote stays of the litigation. Expanding the Scope of Inter Partes Review. ” More Powerful Stays. .”

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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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SCOTUSBlog

FEBRUARY 21, 2022

That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. In 1983, responding to a lower-court decision holding that the transfer of those trust responsibilities violated the Texas Constitution, Texas terminated the trust relationship.

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Conflict of Laws

DECEMBER 21, 2023

It contains the following contributions: ESSAYS Mareike Schmidt, Kulturalität der Rechtsanwendung und internationale Rechtsvereinheitlichung – Überlegungen am Beispiel des UN-Kaufrechts, 643–671, DOI: [link] Cultural Dimensions in the Application of Law and International Unification of Law – The Example of the CISG. –

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Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. Oral arguments in the Supreme Court are to be held in April, with a decision in the case expected before the Court adjourns for its summer recess in July. Does this Utah decision serve as a preview of the upcoming Supreme Court decision?

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At the Lectern

AUGUST 19, 2021

” The article’s author is Frank Menetrez , who now is a justice on the court that decided Leon , although he did not sit on the case. ” The court depublished the opinion of the Second District, Division Eight, in People v. Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge.

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Constitutional Law Reporter

APRIL 18, 2023

The first clause focuses on “remedies” and sets forth this general rule: “Nothing [in IDEA] shall be construed to restrict” the ability to seek “remedies” under “other Federal laws protecting the rights of children with disabilities.” The Court ultimately concluded that Perez’s interpretation better comported with the statute’s terms. “The

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Patently O

FEBRUARY 20, 2023

And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility. The recent decision in Hawk Tech Sys. 208 (2014).

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At the Lectern

MAY 5, 2022

The station quoted a court clerk as saying only that a “momentous court decision” would be announced the next day. As it turned out, the decision did not come as a surprise. The far more significant leak concerned People v. Tanner (1978) 151 Cal.Rptr. 299, vacated on rehearing, People v.

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The Crime Report

OCTOBER 5, 2022

A lower court decided that the maps did violate Section 2. Still, the state challenge brings the dispute to the Supreme Court, arguing that the lower court decision would, instead of repairing an abridgment of voting rights, force the state to create discriminatory maps – this time in Black Alabamian’s favor.

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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. Two years ago, in United States v. Our first new relist this week, United States v. Hansen , squarely raises that First Amendment challenge.

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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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Conflict of Laws

JANUARY 11, 2024

Court decisions In 2019, a US District Judge for the Central District of California, applying Spanish law, found that court filings did not demonstrate a “willful blindness” on the part of the Museum, when it added the painting to its collection. The case was returned to the Court of Appeals.

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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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At the Lectern

MAY 29, 2023

Instead, the majority concluded that, even under a federal standard of review that is highly deferential to state court decisions, the Supreme Court had “unreasonably applied” law about ineffective assistance of counsel and “could not reasonably have found that counsel’s failures were non-prejudicial.”

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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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JURIST

FEBRUARY 7, 2024

A three-judge panel from the US Court of Appeals for the Ninth Circuit on Monday overruled a lower court decision that blocked a California law requiring individuals seeking to buy ammunition to undergo a background check, allowing the state to mandate background checks for ammunition buyers. ” Rhode v.

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