The Crime Report

AUGUST 9, 2023

The Adnan Syed murder case in Maryland illustrates systemic problems in the American criminal justice system. His automatic direct appeal was denied by the Appellate Court of Maryland in March 2003. After conducting a two-day evidentiary hearing, the trial court denied all nine claims for post-conviction relief in January 2014.

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The Crime Report

APRIL 26, 2021

The justices said Monday they will review a lower-court ruling that upheld New York’s restrictive gun permit law. The court’s action follows mass shootings in recent weeks in Indiana, Georgia, Colorado and California. The others are: California, Delaware, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island.

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SCOTUSBlog

JUNE 23, 2023

United States , the Supreme Court identified one scenario in which jury instructions were not sufficient: when a non-testifying defendant’s confession to police incriminates a codefendant. While ostensibly standing behind these precedents, the Supreme Court ruled today that all that was missing from Gray was slightly more robust redaction.

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The Crime Report

JULY 7, 2022

published in the Brooklyn Law Review. Examine the court rulings and courtroom practices around VIS, and several practical questions arise, argues Bandes. The 1991 Supreme Court ruling in Payne v. Subsequent court decisions have muddied the legal waters on VIS. In Booth v.

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Parasec

APRIL 4, 2024

Federal: Federal Court Rules CTA Unconstitutional On March 1, 2024, a federal court in Alabama ruled in National Small Business United (NSBU) v. The Maryland State Department of Assessments and Taxations recently informed its customers about some changes that have been made to annual report filings.

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SCOTUSBlog

JULY 7, 2022

Share If the Supreme Court’s 2021-22 term had a soundtrack, it might be “With or Without You,” the 1987 anthem by the Irish rock group U2. The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. Wade and Planned Parenthood v.

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SCOTUSBlog

JANUARY 4, 2024

Writing for the six-justice majority, Chief Justice John Roberts cautioned that universities could not circumvent the court’s decision “through application essays or other means,” emphasizing that “‘what cannot be done directly cannot be done indirectly.’” The district court “reluctan[tly]” sent the case back to state court, and the U.S.

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SCOTUSBlog

JANUARY 14, 2022

In 2017, Congress passed a tax law that allowed taxpayers to deduct from federal income taxation only up to $10,000 of state and local taxes. Then-President Donald Trump described the 2017 law as an “incentive” for taxpayers “to say, hey, make sure that your politicians do a good job of running your state.” New York v.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court will kick off its 2023-24 term on the traditional first Monday in October. The court’s October argument session will feature six arguments over five days, on topics ranging from federal sentencing laws to voting rights.

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SCOTUSBlog

NOVEMBER 7, 2022

Natural Resources Defense Council , holding that courts should defer to a federal agency’s interpretation of the laws it administers if those laws are ambiguous. A state appeals court ruled that Anthony had not received a fair trial. Echoing his opinion earlier this year in Kennedy v. After the U.S.

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JonathanTurley

APRIL 22, 2022

That was followed by another blistering decision striking down the Democratic plan for Maryland as “ extreme partisan gerrymandering.” ” Now an appellate court has also found that Democrats were trying to rig the next election and the five-judge panel ruled against the plan.

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SCOTUSBlog

OCTOBER 26, 2022

Judge Priscilla Richman wrote separately to say that although “there is undeniably a split among circuit courts” on this issue, Dubin’s actions came within the statute’s literal prohibition against “us[ing], without lawful authority, a means of identification of another person.”. relisted after the Sept. 14 conferences).

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JonathanTurley

AUGUST 24, 2021

In a response to a letter from Klacik’s counsel, counsel for Owens also declared that “nothing [Owens] said in [her] video constitute{d] defamation of character,” “fall facts [she] made are backed by truth,” and that Owens had “EVERY right under the law to inquire about campaign finances.” That exhibit is also attached to the Complaint.

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SCOTUSBlog

OCTOBER 4, 2022

Court of Appeals for the 6th Circuit applied a too exacting standard to his claim under Brady v. Maryland that he was prejudiced by the government’s suppression of favorable evidence. Shoop involves the argument of death-row prisoner Davel Chinn that the U.S. And Shoop v. Cunningham. relisted after the Sept. 28 conference).

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SCOTUSBlog

APRIL 26, 2021

In a brief order on Monday, the court asked the Biden administration to file, by Monday, May 3, a three-page brief indicating whether it intends to enforce the rule outside Maryland – where the U.S. Explaining that the 9th Circuit “clearly erred,” the Supreme Court reversed, in an unsigned three-page decision.

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SCOTUSBlog

JANUARY 18, 2021

Under federal law, cases filed in state court can be transferred – the technical term is “removed” – to federal court if they meet one of several criteria. In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal.

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SCOTUSBlog

OCTOBER 4, 2023

After a group of federal judges had recommended that an attorney who had represented her in other ADA cases be suspended from practicing law in Maryland because of repeated ethics violations, she explained, she had voluntarily dismissed her case in the district court and cannot refile it.

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JonathanTurley

MAY 3, 2021

Fitzgerald , the Supreme Court ruled that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”. In 1982, in Harlow v.

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SCOTUSBlog

OCTOBER 13, 2022

Fitisemanu and the Tulis argue that the 14th Amendment, adopted after the Civil War, embraced the founding-era common-law understanding of birthright citizenship. Maryland must establish that they were more likely than not prejudiced by the government’s suppression of favorable evidence; and (2) whether the judgment of the U.S.

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SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. After the district court sent the case back to state court, the companies appealed to the U.S.

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Statute Court Government Laws 101

JonathanTurley

OCTOBER 5, 2021

Some of us have repeatedly said that the lawsuit would not succeed despite various law professors filing a brief supporting the underlying claims. It quotes advocates for the rejected challenge and then adds this observation: “The ruling has little bearing on the ongoing fight for D.C. I have written about D.C.

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Broadcast Law Blog

NOVEMBER 8, 2016

But that doesn’t mean there isn’t room for some trademark fun, looking at how law and trademarks can collide. And now, back to the law. The US District Court in Maryland disagreed, finding that the term “goods and services” included “political activities.” Register here today! One Sweet Campaign.

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SCOTUSBlog

NOVEMBER 2, 2022

Amgen argues that the Supreme Court has held that whether a patent satisfies the “enablement” requirement is a jury question, and argues that the U.S. Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. 28 conference).

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SCOTUSBlog

JANUARY 11, 2023

Groff sued USPS in federal court under Title VII for refusing to accommodate his religious beliefs and practices. The trial court ruled for the Postal Service under Hardison , and the U.S. Kevin Younger, who was detained awaiting trial at a Maryland state facility, claimed that guards entered his cell and beat him.

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SCOTUSBlog

FEBRUARY 1, 2022

Her father then went to law school, eventually becoming the chief attorney for the Miami-Dade County School Board. She went on to Harvard College, from which she graduated magna cum laude in 1992, and Harvard Law School, graduating cum laude in 1996. In Stenberg v. In 2001, in McGuire v.

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SCOTUSBlog

JANUARY 26, 2022

After Harvard, Kruger went to Yale Law School, where she was the editor in chief of the Yale Law Journal – the first Black woman to hold that job. During law school, Kruger spent one summer as an intern for the U.S. A stint in the Obama administration, including arguments at the Supreme Court. as “only jealousy.”.

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Patently O

FEBRUARY 22, 2023

1] He is also an adjunct professor at American University Washington College of Law. ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5]

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JonathanTurley

JANUARY 31, 2021

I regularly criticized Donald Trump for his calls to change defamation laws. On the opposing side, figures like MSNBC’s Joe Scarborough raised equally poor understandings of defamation law i n considering lawsuits against Trump. The Court in cases like New York Times v. to Roy Moore to Joy Reid. Phelps , 562 U.S.

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Tort Court Laws Court Rules 40

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. This is a classic example where opinion is protected under tort and constitutional law. The court ruled that such tweets are manifestly opinion and not facts for the purposes of defamation law.

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ClimateChange-ClimateLaw

JUNE 8, 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. She also was persuaded that Congress had ratified the lower appellate court decisions holding that there was a narrower scope of review. and non-U.S. 19-1189 (U.S.

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JonathanTurley

FEBRUARY 5, 2022

Sarah Palin (R) against the New York Times, a lawsuit that could have far reaching implications for defamation law in the United States. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Tort Drafting Court Court Rules 38

JonathanTurley

JUNE 16, 2021

The use of force in such a circumstance is justified under Indiana Code 35-41-3-3(b): A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. ?However, Mercer then returned fire and killed him.

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Tort Court Felony Laws 42

ClimateChange-ClimateLaw

AUGUST 4, 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. Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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JonathanTurley

JANUARY 13, 2022

San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). In her consolidated complaint against Whole Foods Market, Inc.,

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Lawyer Lawyers Government Court Rules 8

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. South Dakota Federal Court Granted Preliminary Injunction Against Enforcement of Laws Targeting Pipeline Protesters. and non-U.S. Jewell , No.

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ClimateChange-ClimateLaw

NOVEMBER 7, 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. The court determined, moreover, that even if the plaintiffs’ claims could be construed as post-effective date claims (i.e., and non-U.S.

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