JURIST
DECEMBER 30, 2022
The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute. Later, the Ohio First District Court of Appeals held that a court must defer to an administrative interpretation only if the court finds a statute to be ambiguous.
SCOTUSBlog
AUGUST 20, 2021
Last year, the Supreme Court ruled 5-4 in McGirt v. The court thereby stripped Oklahoma state courts of jurisdiction over crimes committed by “any Indian” in “Indian country,” and bestowed the federal government with exclusive jurisdiction to try these crimes. Finally, Estate of Madison Jody Jensen v.
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The Crime Report
SEPTEMBER 16, 2021
The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.
SCOTUSBlog
OCTOBER 4, 2022
McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,
Conflict of Laws
OCTOBER 28, 2022
Here, first the conflict-of-law issue to be dealt with is the source of law that is to be used to determine the relevant statute for recourse. In its decision of 3 March 2021, the Federal Court of Justice endorsed an alternative approach based on Article 19 of the Rome II Regulation and Article 7 para.
ClimateChange-ClimateLaw
DECEMBER 11, 2020
The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.
JonathanTurley
JULY 11, 2021
There is a troubling case in Panguitch, Utah where a woman has reportedly been charged with a hate crim e for allegedly “stomping on a ‘Back the Blue’ sign” at a gas station. For we are presented with a clear and simple statute to be judged against a pure command of the Constitution. The outcome can be laid at no door but ours.
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