Remove Georgia Remove Litigating Remove Litigation Remove Statute
article thumbnail

New Wrinkle in Pre-1972 Sound Recording Cases – Georgia Supreme Court Holds that iHeart Streaming Does Not Violate State Criminal Statute

Broadcast Law Blog

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

Statute 40
article thumbnail

A small, procedural win for prisoners challenging a state’s method of execution

SCOTUSBlog

1983 ; they are not forced into federal habeas litigation that is procedurally doomed. The Heck bar is a big deal to death-sentenced prisoners who challenge execution methods, because those challenges almost always ripen after the first round of federal habeas litigation finishes. But Texas had to change a regulation, not a statute.).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Court seeks to protect judicial remedies in case challenging lethal injection

SCOTUSBlog

When must state prisoners alleging unconstitutional execution methods use habeas corpus petitions, and when may they proceed under the more general civil rights statute, 42 U.S.C. If a state prisoner must use habeas litigation, then federal courts will almost never reach the merits of the claim.

Court 72
article thumbnail

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. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

Statute 105
article thumbnail

Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

Court 52
article thumbnail

Justices grapple with question of federal court review in immigration cases

SCOTUSBlog

First, the applicant must meet precise eligibility requirements under the statute. citizen” when applying for a Georgia driver’s license. That statute is known as the jurisdictional bar. Don’t those two presumptions kind of cancel each other out, and we’re left with just reading the statute as it’s written?” he asked.

article thumbnail

Supreme Court hears oral arguments in crucial immigration and ERISA cases

JURIST

The Department of Homeland Security (DHS), finding that Patel misrepresented himself as a US citizen in his Georgia driver’s license application, denied him adjustment and began deportation proceedings in 2012. Hughes has requested that the case be remanded to trial court so that the litigation can proceed.