SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. But Fisher did not stop there.

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Statute Construction Felony Law School 76

JURIST

APRIL 15, 2024

Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. This case asks the Supreme Court to decide whether 18 U.S.C. §

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Conflict of Laws

JUNE 28, 2023

This post is by Maggie Gardner, a professor of law at Cornell Law School. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction.

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LawSites

FEBRUARY 26, 2024

It is written by Mark Chandler , former chief legal officer at Cisco Systems from 2001- 2021 and now a lecturer in law at Stanford Law School and a fellow at the Stanford’s Deborah L. If courts move to standardize the collection of “data” (i.e.,

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Litigation Litigating Law School Lawyer 107

JURIST

OCTOBER 22, 2022

Indian law students are reporting for JURIST on law-related developments in and affecting India. This dispatch is from Nakul Rai Khurana, a law student at Jindal Global Law School. The Prime Minister also suggested that many Indian statutes and legislations currently consist of complicated legal jargon.

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Above The Law

APRIL 19, 2023

Who reads all of the statute anyway? The post Clarence Thomas: The Convenient Textualist appeared first on Above the Law.

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At the Lectern

SEPTEMBER 21, 2023

At the Supreme Court’s conference yesterday, there were no straight grants , but there were actions of note, including: Law school renaming. The court denied review in Hastings College Conservation Committee v. The school had been named for its founder, Serranus Hastings, who was California’s first chief justice.

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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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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

NOVEMBER 24, 2021

Shimm Professor of Law and Associate Dean for Intellectual Life at Duke Law School noted the firearm market is easily accessible to many young people without requiring them to undergo a background check — regardless of record expungement. Darrell Miller, an attorney and a Melvin G. Jeffrey Swanson , MA, Ph.D.,

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Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

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SCOTUSBlog

OCTOBER 5, 2021

Share The hypotheticals flew on the first Monday of the 2021-22 term, when the Supreme Court heard argument in Wooden v. The court must decide when offenses are committed “on occasions different from one another” as necessary to constitute separate qualifying convictions for an enhanced sentence under ACCA. United States.

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The Crime Report

JUNE 16, 2022

jurisprudence, according to a forthcoming Legal Studies Research Paper published under the auspices of George Washington University Law School. Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. Similarly, in People v.

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SCOTUSBlog

JUNE 28, 2022

Sherif Girgis is an associate professor of law at Notre Dame Law School. And to what will it bind lower courts? Dobbs reiterates the long-established principle that unwritten rights, to be enforced by courts, must be deeply rooted in our history. How does Dobbs ’s historical analysis fare against the dissent?

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Laws Felony Statute Legal 143

At the Lectern

JANUARY 25, 2024

Maybe the Courts of Appeal are doing a great job of clarifying the law because the Supreme Court yesterday had its fourth conference in a row without a straight grant. Over the dissenting recorded votes of Justices Goodwin Liu and Kelli Evans, the court denied review in People v. The court denied review in People v.

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The Crime Report

APRIL 14, 2022

In most urban and suburban areas, particularly in Texas, it’s “nearly impossible to go about one’s day without entering a school zone,” which in turn conflicts with a citizen’s ability to exercise a right guaranteed under the Constitution, as interpreted by the Supreme Court, writes Tyler Smotherman, a J.D.

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SCOTUSBlog

OCTOBER 4, 2022

It is the first day the court has welcomed the general public into the courtroom since early 2020. Besides the Supreme Court “ hard pass ” holders who could attend in person last year, we are now joined by some “day pass” reporters, including some who cover the court regularly but for one reason or another do not have hard passes.

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At the Lectern

MARCH 11, 2022

At the Supreme Court’s Wednesday conference — a double one, and with only six justices participating because of Justice Mariano-Florentino Cuéllar’s retirement at the end of October — actions of note included: Bail denial. ” The Court of Appeal had summarily denied the defendant’s habeas corpus petition.

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SCOTUSBlog

JANUARY 11, 2022

Commissioner of Internal Revenue will consider whether “equitable tolling” – which allows courts to excuse missed deadlines in some circumstances – is available for a statutory federal income tax deadline. Courts of Appeals for the 8th and 9th Circuits concluding that tolling is not available, and the U.S. The deadline was Aug.

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SCOTUSBlog

OCTOBER 6, 2023

Perhaps some of the justices will even enjoy a return to their law-school days, as they consider whether state or federal law should govern the enforceability of maritime choice-of-law clauses. If the court enforces the choice-of-law clause in the insurance contract, Raiders’ claim will be dismissed under New York law.

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Patently O

APRIL 20, 2021

By David Hricik, Mercer Law School. The American Bar Association committee on professional ethics issues opinions on issues which, while not binding on any jurisdiction, often have sway over courts and bar associations in malpractice or disciplinary matters.

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Paralegal Bootcamp

OCTOBER 16, 2023

Legal Research and Writing In my first year of studying Paralegal Studies, my school provided us with Westlaw/LexisNexis (legal research software) that we used for legal research purposes. The courses in legal research and writing equipped me with the ability to efficiently locate and analyze relevant statutes, regulations, and case law.

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Conflict of Laws

FEBRUARY 24, 2022

A new book entitled Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still? and co-edited by Dr Poomintr Sooksripaisarnkit (of the University of Tasmania) and Dharmita Prasad (Jindal Global Law School, O.P Jindal Global University) has just been released by Springer. Peter Mazzacano.

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Laws Law School Statute Contract 98

The Crime Report

OCTOBER 5, 2021

That’s a lesson worth applying to current strategies addressing the epidemic of gun violence, writes Benjamin Levin , an Associate Professor of Law at the University of Colorado Law School. In 2000, 54 percent of the state court defendants convicted for weapons crimes were black, as compared to 44 percent white.

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Criminal Law Law School Laws Felony 116

Conflict of Laws

AUGUST 14, 2023

The conference was kicked off by a keynote speech by Justice Philip Jeyaretnam (Singapore International Commercial Court), providing an in-depth analysis of the Court of Appeal’s decision in Anupam Mittal v Westbridge Ventures II [2023] SGCA 1 (discussed in more detail here ).

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SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. Bruen does mark a new low for the court.

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Conflict of Laws

JULY 19, 2021

Marek Martyniszyn , Interim Head of School, Senior Lecturer in Law, Queen’s University Belfast Law School. Antitrust and Competition Law. Moderator: Kish Parella , Professor of Law, Washington and Lee University School of Law. Ayer Chair in Business Law and Martin Luther King Jr.

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Attorney at Work

JULY 22, 2021

Jackie Schafer: I started out as a litigator at Paul Weiss, but spent most of my career in public service as an assistant attorney general, where I was regularly briefing and arguing cases before the state appellate courts in Alaska and Washington state. How do you see this technology changing the way legal writing is taught in law schools?

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Paralegal Mentor

MAY 15, 2014

Cooley Law School. We discuss the Innocence Project and the Post Conviction DNA Testing Statutes that opened the door for exoneration of the innocent around the country. Court of Appeals for the Sixth Circuit, the Ohio Supreme Court, and trial and appellate courts in Ohio and Michigan.

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Patently O

AUGUST 9, 2022

The patentee in the case argues that inherency is too strict a standard and that it goes beyond what is required by the statute and prior precedent. I label the substantive amicus as the “GMU brief” because all-but-one signing professor have ongoing ties to George Mason University’s Antonin Scalia Law School.

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The Crime Report

APRIL 8, 2022

A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. The courts are not for landless laborers. DC: The law exists to protect capital. Photo by Karen Neoh via Flickr. Plea bargaining coincided with overt classism in the legal system.

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Stare Decisis Lawyer Lawyers Legal 139

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.

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The Crime Report

DECEMBER 20, 2021

Researchers at the Quattrone Center, based at the University of Pennsylvania Carey Law School, created what they said was a unique dataset of 4,644 opinions in which allegations of misconduct were raised in the more than 1.5 million judicial opinions published between 2000 and 2016 by federal and state courts in Pennsylvania.

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LawSites

MARCH 11, 2024

Or at least, the law should belong to the people. Yet when Malamud and his organization Public.Resource.Org , sought to publish the official statutes of the state of Georgia, the state sued him , accusing him in its court filing of engaging in “terrorism.” Courts; and Jack Cushman, director of the Library Innovation Lab.

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Laws Legal Legal Legal Technology Solution 88

ClimateChange-ClimateLaw

MAY 8, 2024

Because the effects of climate change fall most heavily on the poor, people of color, people living in vulnerable and low-lying areas, and the elderly, lawyers representing them increasingly and with greater success resort to human rights and civil rights law. John Kerry, then U.S.

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Conflict of Laws

MARCH 2, 2024

Recognising that courts may not be the optimal forum for conflict resolution in this domain, this academic contribution will question the effectiveness and challenges of existing mechanisms and discuss a proposal to introduce a professional mediator in the administrative proceeding. 222 of December 21, 2023, and No. and Melissa A.

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Patently O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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