The Crime Report

APRIL 18, 2022

Paxton’s theory is that such therapy causes mental, physical, and/or emotional injury, fitting within very broad phrasing of the Texas criminal statutes on child abuse, even though scientific literature states that such therapy is reversible (i.e., Omar Ochoa. Indeed, the legislature took up this very issue last year.

Legal 132

Legal Legal Statute Attorney 132

Constitutional Law Reporter

OCTOBER 18, 2021

While this matter was pending before the Sixth Circuit, the Secretary retained lawyers from the Kentucky Attorney General’s office to represent him. After the Sixth Circuit upheld the permanent injunction against Kentucky’s law by a divided vote, the Secretary decided not to appeal further.

Attorney 59

Attorney Constitutional Law Lawyer Lawyers 59

JURIST

MARCH 9, 2021

Walker’s attorney, Tom Wine, argued that he was acting in self defense in accordance with Kentucky’s self-defense statute when he fired a single “warning shot,” striking Mattingly. This motion now permanently closes the case against Walker in the Kentucky judicial system.

Statute 151

Statute Attorney Legal Legal 151

SCOTUSBlog

JANUARY 23, 2024

No longer the only horseracing regulators in town, a group of states, led by Oklahoma, and their racing commissions went to federal court in Kentucky. The new statute authorizes the agency to issue its own rules that “abrogate, add to, and modify the rules of the” horseracing authority.

Sports 100

Sports Laws Court Statute 100

Constitutional Law Reporter

NOVEMBER 11, 2021

The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. In the closely-watched case involving Boston Marathon bomber Dzhokhar Tsarnaev , the justices appeared poised to reinstate his capital sentence.

Attorney 59

Attorney Constitutional Law Statute Court 59

SCOTUSBlog

SEPTEMBER 3, 2021

In his petition, George counters that a federal court’s interpretation of an unambiguous statute is not a mere change in interpretation but declares what the law has always meant. Kentucky when the evidence was not available to the petitioner during state court Batson proceedings. The case is George v. 2254(d) and Cullen v.

Litigation 87

Litigation Litigating Court Attorney 87

JURIST

AUGUST 4, 2021

Planned Parenthood of Indiana and Kentucky filed a complaint arguing that the law is unconstitutionally vague. Because of the procedural posture of the lawsuit, the court concluded that “the Statute must survive Planned Parenthood’s pre-enforcement, facial attack.” Writing for the majority, Circuit Judge Amy St.

Statute 288

Statute Laws Court Misdemeanor 288

The IP Law Blog

JANUARY 18, 2024

Well-known examples of trade secrets include the recipe for Coca-Cola, Google’s search algorithm, the recipe for Kentucky Fried Chicken, the WD-40 formula, the recipe for McDonald’s secret sauce, Hershey’s chocolate-making process, and Procter & Gamble’s consumer research methods. in connection with an internal commercial use.”

Manufacturing 113

Manufacturing Laws Statute Technology 113

SquirePattonBoggs

SEPTEMBER 18, 2023

Judge Griffin further noted that every other circuit that has considered the meaning of “a sentence” in the statute has come out differently than Jackson and Carpenter. According to Judge Griffin, the “historical fact” approach only made grammatical sense if one replaced the word “has” in section 403(b) with “had.”

Statute 64

Statute Court Laws Government 64

FDA Law Blog

DECEMBER 12, 2022

The Kentucky AG uniquely adds that FDA’s proposal improperly interferes with the Commonwealth’s exercise of supervisory authority over its physicians, including statutes addressed to obtaining informed consent. This proposal is a[n]. intrusion [into] the doctor-patient relationship.

Drafting 52

Drafting Manufacturing Legal Legal 52

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. We wrote in more detail about these changes, here.

Government 59

Government Legal Legal Statute 59

The Crime Report

APRIL 8, 2022

In a conversation with The Crime Report , Canon, a civil rights lawyer who teaches at the University of Louisville in Kentucky, discusses the class-based origins of the plea bargaining process, how bad prosecutors and poor defense attorneys further distorted the process, and why reforming it will be so difficult.

Stare Decisis 139

Stare Decisis Lawyer Lawyers Legal 139

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. § The jury hung in the first trial of this case, which necessitated a second trial.

Tort 34

Tort Court Compensatory Damages Punitive Damages 34

SCOTUSBlog

MARCH 11, 2024

Biden 23-525 Issue : Whether the Antiquities Act of 1906 authorizes the president to declare federal lands part of a national monument where a separate federal statute reserves those specific federal lands for a specific purpose that is incompatible with national-monument status. 1159(b).

Government 126

Government Statute Court Laws 126

SCOTUSBlog

JUNE 23, 2023

McDonough involves the entitlement of veterans to educational benefits under two statutes: the Montgomery G.I. Each statute caps the education benefits that a veteran may earn under that statute at 36 months (the equivalent of a four-year college degree: nine months per academic year for four years). Rudisill v.

Education 104

Education Statute Court Government 104

SCOTUSBlog

DECEMBER 10, 2022

Issue : When, if ever, a preliminary hearing provides an “adequate opportunity” for cross-examination under the Sixth Amendment’s confrontation clause. United States v.

Manufacturing 77

Manufacturing Statute Attorney Court 77

Diane Drain

APRIL 15, 2021

At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary.

Laws 211

Laws Small Business Attorney Finance 211

SCOTUSBlog

MARCH 16, 2022

Now back to the first petition: Cameron involved the Kentucky attorney general’s argument that the U.S. Court of Appeals for the 6th Circuit erred by not allowing him to intervene to defend the state’s abortion statute after another state official stopped defending its constitutionality. Commissioner of Internal Revenue , 21-379.

Statute 108

Statute Small Business Court Attorney 108

SCOTUSBlog

JUNE 29, 2023

Securities and Exchange Commission , 22-991 Issue : Whether, under special review statute 15 U.S.C. § Kentucky by considering the prosecutor’s purported justifications for striking seven of the eight African American prospective jurors presented to it “in isolation,” rather than, as this Court directed it to do in Flowers v.

Immigration 78

Immigration Court Government Laws 78

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. Kentucky v. As a Halloween prank, restaurant manager Joe Watkins of the Chicken Ranch in Paris, Kentucky thought it was funny to lie in a pool of blood on the floor. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Watkins (2008). 32; 285 S.W.

Tort 36

Tort Litigation Litigating Manufacturing 36

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. Kentucky v. As a Halloween prank, restaurant manager Joe Watkins of the Chicken Ranch in Paris, Kentucky thought it was funny to lie in a pool of blood on the floor. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Watkins (2008). 32; 285 S.W.

Tort 37

Tort Litigation Litigating Manufacturing 37

SCOTUSBlog

JUNE 15, 2023

He thought it was irrelevant that the American Psychiatric Association had changed its diagnoses since that time; to hold otherwise, he said, would be to “give organizations like the APA the power to effectively modify statutes passed by Congress and signed into law by the President. That cannot be right.”

Court 96

Court Laws Statute Government 96

SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. 20-56174, 2022 U.S. 6 (9th Cir.

Statute 45

Statute Lawyer Lawyers Court 45

SCOTUSBlog

JUNE 8, 2023

But the agency took no action to investigate or correct the disputed information, in violation of the statute. The district court agreed with the government that the statute did not unequivocally express Congress’s intent to waive sovereign immunity and granted the USDA’s motion to dismiss. Mississippi.

Court 65

Court Government Statute Laws 65

SCOTUSBlog

JANUARY 29, 2024

Last spring, Tennessee and Kentucky enacted laws that prevent children under the age of 18 from receiving gender-affirming care. On the same day last June, federal district courts in Tennessee and Kentucky issued orders blocking the laws from going into effect. Kentucky ex rel. Kentucky ex rel. In United States v.

Laws 120

Laws Court Government Healthcare 120

ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. Texas, Kentucky, and others, most recently Oklahoma, have all released their own blacklists of financial companies prohibited from doing business with those states. And what are the permissible boundaries of that behavior?

Finance 101

Finance Government Laws Legal 101

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. Kentucky v. Watkins (2008) As a Halloween prank, restaurant manager Joe Watkins of the Chicken Ranch in Paris, Kentucky thought it was funny to lie in a pool of blood on the floor. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. 32; 285 S.W.

Tort 46

Tort Litigation Litigating Manufacturing 46

SCOTUSBlog

OCTOBER 12, 2021

In Cameron , the justices are considering whether the Kentucky attorney general can intervene to defend a state law restricting abortion after another state official declined to do so. Kentucky’s only abortion clinic went to federal district court in Kentucky, arguing that the law is unconstitutional, and both the district court and the U.S.

Attorney 110

Attorney Court Laws Statute 110

ClimateChange-ClimateLaw

NOVEMBER 23, 2022

825 (1988), a Georgia statute “expressly referred” to an ERISA benefit plan. In finding that the state statute was preempted by ERISA, the Court stated that “[t]he state statute’s express reference to ERISA plans suffices to bring it within the federal law’s [preemptive] reach.” In Mackey v. Lanier , 486 U.S.

Laws 54

Laws Statute Government Attorney 54

The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Law: Kentucky HB148 2019. South Dakota.

Felony 59

Felony Statute Laws Court Decisions 59

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

Court 42

Court Statute Government Litigation 42

JonathanTurley

DECEMBER 28, 2021

A5 (stating, “The Kentucky Resistance is going to hang you by your pussy lips and punish you,” but not identifying himself as being part of “The Kentucky Resistance”); Opp’n Ex. A8 (stating, “… the Kentucky Resistance is going to totally execute you. They have stated youare a deadman!

Government 42

Government Court Laws Criminal Law 42

SCOTUSBlog

FEBRUARY 16, 2024

Because of the wrinkles of the court’s jurisdictional statutes, Garcia comes from the three-judge district court directly to the Supreme Court as an appeal over which the court has mandatory jurisdiction. Both cases are now before the Supreme Court. Palmer would ordinarily go through the U.S. relisted after the Jan. 12 and Jan.

Court 92

Court Laws Statute Court Decisions 92

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

Two principal federal antitrust statutes govern agreements among competitors: the Sherman Act of 1890, which prohibits monopolization and unlawful trade restraints, and the Clayton Act of 1914, which identifies additional prohibited conduct, including with respect to interlocking directorates, and mergers and acquisitions.

Finance 101

Finance Litigation Litigating Laws 101