Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. The law on this subject is complicated. 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.

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Patently O

JANUARY 17, 2022

Back in 1969, long before Bubba Gump, Louisiana Judge Alvin Rubin explained the virtues of shrimp: “Shrimp, whether boiled, broiled, barbecued or fried, are a gustatory delight.” patent law. ” However on certiorari, the Supreme Court felt itself bound by the statute and precedent. Patent Law Amendments Act of 1984, Pub.

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

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The Crime Report

SEPTEMBER 2, 2022

Yet it left the door open for states to implement or reform their own laws – and some chose to preserve capital punishment. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework. Austin Sarat.

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SCOTUSBlog

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C. 17 and Mar.

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Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).

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SCOTUSBlog

MARCH 28, 2022

In 1795, they ratified the 11th Amendment , which provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State.”.

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JonathanTurley

SEPTEMBER 7, 2021

She was charged under Louisiana law with malfeasance in office. What is interesting about the law is how broad the language is. The statute itself reads like criminalized negligence. Since I have not seen many of these cases, I wanted to share the underlying law. What followed was relatively rare.

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JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

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SCOTUSBlog

NOVEMBER 2, 2022

Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. Louisiana , 21-993. Amgen argues that the Supreme Court has held that whether a patent satisfies the “enablement” requirement is a jury question, and argues that the U.S. 28 conference).

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Broadcast Law Blog

JANUARY 29, 2023

For more details about the extension and about other technical issues with the FCC’s filing systems, see the article we recently published on our Broadcast Law Blog. Notwithstanding the extension, licensees should not wait until the last minute to upload documents, as there may still be residual issues with the system for some time.

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SCOTUSBlog

OCTOBER 13, 2022

Fitisemanu and the Tulis argue that the 14th Amendment, adopted after the Civil War, embraced the founding-era common-law understanding of birthright citizenship. Louisiana , 21-993. United States asks the justices to overrule the Insular Cases and grant birthright citizenship to people born in American Samoa and the other U.S.

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SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v.

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Constitutional Law Reporter

DECEMBER 19, 2022

United States , which involves the scope of a key federal bribery law. The District Court held that the Quiet Title Act’s statute of limitations is jurisdictional and because the landowners failed to prove that their claims arose within twelve years of the lawsuit being filed, it dismissed the case. Last week, the U.S.

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Patently O

JANUARY 24, 2022

Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. Guest post by Professors J. Jonas Anderson and Paul Gugliuzza. – Jason.

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The Crime Report

JANUARY 13, 2023

The illegal destruction of disciplinary records can make it harder to hold deputies accountable in a court of law, or track problem officers moving from department to department, said Sam Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha. We’re not a law enforcement or compliance agency.

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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.,

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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SCOTUSBlog

MARCH 16, 2023

Jane Doe, then an unemancipated 17-year-old, went to Missouri state court seeking to be granted a judicial bypass under state law that would allow her to obtain an abortion without her parents being notified. Only one of those cases is newly relisted: Chapman v. Court of Appeals for the 8th Circuit affirmed. rescheduled before the Jan.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C.

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SCOTUSBlog

JUNE 29, 2022

101 ; and (2) whether patent eligibility (at each step of the Supreme Court’s two-step framework) is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent. Louisiana , 21-993. CVSG: 5/24/2022. relisted after the June 23 conference).

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

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SCOTUSBlog

JANUARY 19, 2022

In the 1990s, he served as a law clerk to the late Chief Justice William Rehnquist, and between 2003 and 2010 he returned as a lawyer to argue nine cases there. The law at the center of the case, Federal Election Commission v. How, he queried, “can that possibly be the law?”. Ted Cruz is no stranger to the Supreme Court.

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SCOTUSBlog

APRIL 19, 2024

Louisiana that the Sixth Amendment (as incorporated against the states by the 14th Amendment) guarantees criminal defendants the right to a unanimous jury, it meant a unanimous 12-person jury — not a six-person jury, which is all that Florida affords some felony defendants. Next up is Lackey v. Our last new relist is Bouarfa v. Bouarfa sued.

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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The lawsuit challenged the Texas law, which was set to go into effect Sept. I do view this law as containing unconstitutional elements.

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The Crime Report

FEBRUARY 8, 2023

Problem was, Rahimi had no respect either for the protection order or for the rule of law. In January 2021, the Arlington Police determined that Rahimi between December 2020 and January 2021 terrorized both the general community and law enforcement of Arlington. A federal grand jury indicted him under 18 U.S.C. § Supreme Court.

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JonathanTurley

NOVEMBER 29, 2021

The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.

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SCOTUSBlog

JANUARY 6, 2022

The earlier cases in which the court took that unusual step involved Texas’ restrictive anti-abortion law and a religious-liberty claim from a man on death row.). A federal district court in Missouri put the rule on hold for 10 states, while a federal district court in Louisiana did the same for 14 other states. The OSHA mandate.

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SCOTUSBlog

FEBRUARY 23, 2023

Three terms ago in Seila Law v. But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. LLC involves how to determine the law to be applied under federal admiralty law in a maritime contract case.

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SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. Casey and Roe v. Whole Woman’s Health v.

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SCOTUSBlog

JUNE 23, 2023

In a major victory for the Biden administration, the Supreme Court on Friday ruled that Texas and Louisiana do not have a legal right, known as standing, to challenge a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Share This article was updated on June 23 at 2:19 p.m.

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SCOTUSBlog

MARCH 23, 2023

Federal law authorizes seven or more members (less than a majority) of the House of Representatives’ Committee on Oversight and Reform to request and to receive information from government agencies that is relevant to the performance of their Committee duties. It will be considering four of them for the second time. First, Carnahan v.

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SCOTUSBlog

NOVEMBER 29, 2022

Texas and Louisiana went to federal court in Texas to challenge the policy. District Judge Drew Tipton agreed with the states that the policy violates federal law and vacated it nationwide. Congress enacted the federal immigration laws at the center of this case, he told Prelogar, because the existing laws were not being enforced.

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SCOTUSBlog

NOVEMBER 6, 2023

Share A Texas man’s challenge to the constitutionality of a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun will come before the justices in oral argument on Tuesday. A federal appeals court in Louisiana agreed with Texan Zackey Rahimi, that the law, 18 U.S.C. §

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SCOTUSBlog

NOVEMBER 23, 2022

Share Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Texas , Texas and Louisiana have asked the court to weigh in on this debate. Do states have standing to challenge these guidelines? These are the three questions before the Supreme Court in United States v.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. applied federal common law. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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