JURIST

APRIL 20, 2022

McDonough , the Court is considering the meaning of “clear and unmistakable error” in a statute, and whether the Depart of Veterans Affairs (VA) improperly interpreted the statute when denying veteran benefits. United States , the Court is considering the interpretation of criminal law and federal civil procedure rules.

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JURIST

SEPTEMBER 28, 2021

However, the government of Afghanistan at that time had asked his office to defer the investigation to them. The ICC prosecutor’s office did defer the investigation, as required by the Rome Statute , but continued to work closely with Afghan authorities with a view of “sharing the burden of the investigation.”

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SCOTUSBlog

MARCH 25, 2022

Share The Supreme Court is poised to decide yet another case involving one of the many federal statutes that govern the nation’s railroads and railworkers. Union Pacific also emphasizes several ways in which LeDure’s broad reading would “break the statute.” The court will hear argument on Monday in LeDure v.

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JURIST

AUGUST 10, 2021

APIB claims that Bolsonaro’s government has systematically dismantled social protection for indigenous communities and environmental protection for their territories, amounting to genocide and ecocide.

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SCOTUSBlog

DECEMBER 6, 2021

Six years later, the federal government prosecuted Taylor. The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce. The second statute is 18 U.S.C. §

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JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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SCOTUSBlog

JUNE 28, 2022

Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R.

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SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Those decisions concerned conduct ranging from wire and computer fraud to tax violations. McCutchen v. United States.

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FDA Law Blog

AUGUST 26, 2021

However, a good faith effort by the company to comply with applicable statutes and regulations as well as federal health care program requirements, demonstrated by an effective compliance program, significantly reduces the risk of unlawful conduct and any penalties that result from such behavior.

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SCOTUSBlog

APRIL 28, 2022

Enacted in 1948, the GCA extended to Indian country the general federal criminal laws that apply in places where the federal government has exclusive jurisdiction (i.e., The question is whether the GCA therefore prohibits concurrent state criminal prosecutions. federal enclaves).

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Conflict of Laws

JUNE 17, 2022

Similarly, the Court found that “international tribunal” under the statute more naturally referred to tribunals between nations, rather than arbitral panels composed of or adjudicating issues between nationals of different States. Rather, Lithuania simply consented to an arbitration much in the same way two private entities might.

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SCOTUSBlog

MAY 23, 2022

Even Justice Clarence Thomas led off the questioning by noting that Arizona’s position that the statute governs would render Martinez “pretty worthless.”. In my oral argument recap , I discussed how several of the conservative justices seemed genuinely to struggle with that question.

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JURIST

DECEMBER 12, 2020

The Nigerian government has made attempts to prosecute the group, primarily its low-level members. And while this does not foreclose the possibility for the authorities to conduct relevant and genuine proceedings, it does mean that, as things stand, the requirements under the Statute are met for my Office to proceed.

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JURIST

AUGUST 14, 2023

This dispatch is from Samar Veer, a third-year law student at National Law University, Delhi. Union Home Minister Amit Shah introduced three new bills in the Lok Sabha (lower house of Indian Parliament) Friday that are set to replace three existing statutes that largely form the core of the Indian criminal justice system.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

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SCOTUSBlog

FEBRUARY 24, 2022

United States , which examines whether the federal government can bring criminal charges in federal court against a defendant previously found guilty in a Court of Indian Offenses for an offense stemming from the same act. Kimberly responded that there are two easy fixes, both of which, he asserted, respect tribal sovereignty.

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JonathanTurley

APRIL 21, 2021

Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects.

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JonathanTurley

NOVEMBER 21, 2021

The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” It has limits, however—most notably the standard statute of limitations, which commonly range from one to four years.

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SCOTUSBlog

APRIL 23, 2023

Both cases arise under the federal firearm statute, 18 U.S.C. § Enacted by Congress in 1994, Section 922(g)(8) criminalizes gun ownership by anyone subject to a domestic-violence restraining order. Cargill , the government the justices to weigh in. Court of Appeals for the 5th Circuit. In both United States v.

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SCOTUSBlog

JUNE 26, 2023

An expansive reading of the statute, the court recognized, would arguably criminalize political advocacy or general encouragement. That means that someone can only run afoul of the statute if they intend for an immigrant to come or remain in the U.S. while knowing that is unlawful.

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SCOTUSBlog

OCTOBER 5, 2023

Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. du Pont de Nemours & Co.

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JonathanTurley

MAY 12, 2021

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. .”

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The Crime Report

JULY 19, 2021

Capitol, elected officials and terrorism experts revived previous calls for Congress to pass a domestic terrorism statute that would empower the federal government to investigate and pursue white supremacists and other domestic terrorists with the same tools it uses to go after international terrorism. Power Paradox.

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JonathanTurley

MARCH 10, 2021

There is also an interesting concurring opinion by Justice Jonathan Papik on the broader scope given the statute by the Court. Papik questions that foundation for then holding that while those statutes “‘may not be literally applicable, [they are] clearly indicative of legislatively approved public policy.'”

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Conflict of Laws

NOVEMBER 22, 2023

Jurisdiction to prescribe (the authority to make law) and jurisdiction to adjudicate (the authority to apply law) are very different things and are governed by different rules of domestic and international law. law in significant ways. This is more than an academic quibble. But so does the United States.

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Statute Criminal Law Laws Court 57

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. § 230(b)(5).

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JonathanTurley

MAY 19, 2021

One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. 92, 95 (1972), that the “government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”. Free speech demands bright lines.

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Misdemeanor Statute Laws Court 41

JonathanTurley

AUGUST 5, 2021

That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. However, as shown by the Bill Cosby case , such evidence can create reversible error in criminal cases. Indeed, if charged, Cuomo is likely to use a Cosby defense.

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JURIST

FEBRUARY 9, 2024

The reforms will also reduce the penalty framework for corruption offenses and shorten the statute of limitations. While Fico acknowledged the European Commission’s comments, he said that they would not affect his proposed criminal law reforms which he claims are protecting human rights.

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JonathanTurley

MARCH 20, 2021

Sharma was then informed that he was subject to charges for violating the student government bylaws. First is SBA By-Law 11.2 ” The second is SBA By-Law 11.3 ” The student government then states in a conclusory manner that Sharma was found guilty on both charges and disqualified. DeBartolo Corp.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. But the defendants in the case counter that Gonzalez’s approach would “wreak havoc on law enforcement.”

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The Crime Report

AUGUST 3, 2021

“The Article I Appropriations Clause prohibits any Executive Branch official from disbursing funds except as provided by an act of Congress, and no statute authorizes this giveaway of the public’s money,” Larkin Jr. government is settled by a deposit into the U.S. and Smith write. Ordinarily, money owed to the U.S. and Smith write.

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JURIST

MARCH 15, 2024

Trump’s counsel challenged several phrases within the criminal statute he is charged under. The vagueness doctrine is a constitutional doctrine which requires that criminal laws explicitly state and define the type of conduct being punished.

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SCOTUSBlog

APRIL 18, 2024

Trump, the indictment contends, created “widespread mistrust … through pervasive and destabilizing lies about election fraud” and then perpetrated three criminal conspiracies to target “a bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election.”

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JonathanTurley

APRIL 26, 2024

With cliffs to the left and the right, the justices are looking at a free-fall dive into the scope of constitutional and criminal law as they apply to presidential conduct. It was effectively a “Trust us, we’re the government” assurance. The government insisted there is an exception for such acts from the murder statute.

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SCOTUSBlog

DECEMBER 31, 2020

A government lawyer who argued at the Supreme Court more than anyone else in the 20th century. Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. A chief justice’s right-hand man. Drew Saunders Days III.

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