Conflict of Laws

OCTOBER 28, 2021

Finally, it is important to note that the State of Michigan has adopted a statute that clearly spells out when its courts should and should not give effect to choice-of-court clauses. states—Nebraska, New Hampshire, and North Dakota—have adopted similar statutes based on the Model Choice of Forum Act. This is unusual.

Contract 52

Contract Court Drafting Statute 52

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. Commissioner of Internal Revenue , 21-379.

Court 100

Court Statute Education Administrative Law 100

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 don’t have any stick,” Newsome said.

Attorney 105

Attorney Litigation Litigating Depose 105

SCOTUSBlog

APRIL 26, 2023

Tyler’s theory, he stressed, would declare many state statutes unconstitutional and would turn states into real estate agents. When a state extinguishes a property right because the property owner has failed to comply with reasonable conditions on ownership, Katyal contended, there is no taking.

Real Estate 142

Real Estate Government Court Statute 142

Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court. In Biden v.

Court 52

Court Education Constitutional Law Drafting 52

Constitutional Law Reporter

JANUARY 12, 2023

Google LLC : This closely-watched case involves the scope of Section 230 of the Communications and Decency Act of 1996 , a statute that grants Internet companies immunity from lawsuits about content posted by third parties on their public services and predates the rise of platforms like Twitter, Google, and YouTube. .

Court 52

Court Education Constitutional Law Statute 52

ClimateChange-ClimateLaw

AUGUST 8, 2023

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. Nebraska, 600 U.S. Moreover, the Supreme Court recently signaled again that states are free to enact environmental laws that may be beyond federal powers. [52] 12, 2022. [49] 52] Sackett v.

Laws 98

Laws Law School Government Legal 98

The Crime Report

NOVEMBER 23, 2021

It does not change the language in the media or the Colorado statutes. Logue is a Nebraska registrant and activist for the rights of returning citizens, and founder of the sex offense education and reform website OnceFallen.com. Still, this only the smallest of steps, since the SOMB will still keep “sex offender” in its name.

Statute 132

Statute Education Laws 132

SCOTUSBlog

JANUARY 6, 2022

For example, they write, one hospital in rural Nebraska could lose one-third of its staff, while a nursing home in rural Missouri could also lose nearly a third of its staff – creating the possibility that both might have to shut down.

Court 143

Court Government Healthcare Drafting 143

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. A close reading of Stenberg v.

Stare Decisis 121

Stare Decisis Court Laws Drafting 121

JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia.

Statute 152

Statute Government Court Legal 152

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. The Delaware Guest Statute, 25 Del. Twenty people reported feeling sick.

Tort 33

Tort Statute Court Criminal Law 33

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. In their attack on the statutory text, the plaintiffs argue that cancellation constitutes a “breathtaking assertion of power and a matter of great economic and political significance” sufficient to demand a clearer expression of congressional intent than that in the statute. Jonathan D.

Education 83

Education Statute Litigation Litigating 83

ClimateChange-ClimateLaw

DECEMBER 11, 2023

Nebraska , the Court relied on the MQD to determine that the Biden Administration could not forgive $430 billion of federal student loan debt under a 2003 Act that had not been the basis for such a sweeping program before. Two recent cases of note have affirmed the use of the MQD. In the Supreme Court’s recent decision Biden v.

Legal 60

Legal Legal Court Statute 60

SCOTUSBlog

FEBRUARY 23, 2023

Nebraska and Department of Education v. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

Education 89

Education Court Statute Legal 89

JURIST

MARCH 15, 2024

It explicitly separates the concept of “sex” from “gender identity,” stating that the latter, along with similar subjective terms, cannot be used interchangeably with or as substitutes for “sex” in legal statutes.

Statute 118

Statute Legal Legal Laws 118

The Crime Report

OCTOBER 26, 2021

Similar statutes appear on the books in Louisiana and in Missouri, which even requires registrants to post a sign on their doors stating “No Candy at this residence,” and leave outdoor lights off from 5pm-10:30pm. In states where Halloween restriction statutes do not exist, some local or statewide law enforcement operations are planned.

Statute 126

Statute Education Laws Court 126

JonathanTurley

SEPTEMBER 6, 2021

Carhart struck down a partial-birth abortion law in Nebraska. However, the range of permissible state action is likely to be decided not by Congress but by the court, based not on a Texas law but on a Mississippi statute. In 1992, Roe was barely saved by a simple plurality of the court in P lanned Parenthood v.

Laws 42

Laws Court Litigation Litigating 42

SCOTUSBlog

FEBRUARY 28, 2023

Nebraska and was filed by six states with Republican attorneys general. The loan-forgiveness program, Nebraska Solicitor General James Campbell told the justices, “threatens to cut MOHELA’s” funding by nearly 40%. Both DeVos and the Biden plan relied on the HEROES Act, a law passed after the Sept.

Education 145

Education Statute Government Court 145

ClimateChange-ClimateLaw

OCTOBER 19, 2023

Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Nebraska concurrence, “is that a reasonable speaker would not understand Congress to confer an unusual form of authority [to the executive] without saying more.” However, it objected to the EPA’s interpretation of its authorizing statute.

Statute 77

Statute Court Government Administrative Law 77

JURIST

MAY 6, 2024

A statement from the ICC Prosecutor’s Office made Friday noted that “significant public interest” surrounding present cases encouraged dialogue but warned against individuals threatening to retaliate against any actions of the court, which is prohibited under Article 70 of the Rome Statute , to which the US is not a party.

Statute 291

Statute Court Government 291

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. If the statute is ambiguous, courts must presume that Congress have not given the agency the power in question. Share This article is part of a symposium on the upcoming arguments in Biden v. A preview of the cases is here. And the HEROES Act doesn’t clearly give the executive that much power.

Statute 108

Statute Education Court Legal 108