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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

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. Norfolk Southern Railway Co. ,

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Court expands government’s ability to deport noncitizens for offenses related to obstruction of justice

SCOTUSBlog

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. Such “redundancies are common in statutory drafting,” Kavanaugh wrote.

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A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

The Supreme Court instructed the Texas Court of Criminal Appeals to consider whether counsel’s inadequate performance had prejudiced Andrus – that is, whether but for counsel’s deficient performance, the mitigating evidence might have prompted at least one juror to opt for a sentence of life without parole rather than the death penalty.

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July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. climate litigation charts. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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First Amendment questions and California arbitration battles

SCOTUSBlog

Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.

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Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry

SCOTUSBlog

In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. The government alleged that he was removable, despite having a green card, because it believed that his 1991 DUI constituted an “aggravated felony” under the immigration laws. Ochoa , reached a similar result.

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October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. climate litigation charts. In addition, the court found that the writer failed to allege elements of an abuse of process or a malicious prosecution claim.

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