JURIST

SEPTEMBER 11, 2021

One clinic in Oklahoma said “the numbers of calls it received from Texans increased from approximately three to five calls per day to between fifty and fifty-five.” The DOJ also said that the law regulates areas that are preempted by federal government authority because of the impact this ban will have on interstate commerce.

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Statute Attorney Legal Legal 197

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. In Oklahoma v. Oklahoma v.

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Sports Laws Court Statute 98

SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

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Legal Legal Court Statute 136

The Crime Report

JUNE 2, 2021

The department pointed to the Arizona statute allowing a defendant sentenced to death to choose between lethal injection or lethal gas at least 20 days before the execution date. Lethal gas is permitted for executions in six other states: Alabama, California, Mississippi, Missouri, Oklahoma and Wyoming.

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Statute Legal Legal Court 98

Constitutional Law Reporter

AUGUST 22, 2023

Hetronic sued Abitron in the Western District of Oklahoma for trademark violations under two related provisions of the Lanham Act, both of which prohibit the unauthorized use in commerce of protected marks when that use is likely to cause confusion.

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Laws Statute Court Manufacturing 52

SCOTUSBlog

JUNE 16, 2022

The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations. Conversely, the second provision “insists that the statute does not grant Texas civil or criminal regulatory jurisdiction with respect to … gaming.”.

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Court Statute Government Laws 95

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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Tort Litigation Litigating Manufacturing 34

JURIST

OCTOBER 20, 2021

A group of civil rights organizations filed suit on Tuesday challenging Oklahoma HB 1775 , which prevents public schools from requiring students to learn about critical race theory and gender discrimination. ” It prohibits implying that students of any race should feel shame for the actions of their ancestors. .”

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Laws Education Statute Legal 211

SCOTUSBlog

OCTOBER 5, 2023

Justin Sneed murdered Barry Van Treese, owner of an Oklahoma City motel, in one of the guest rooms. Before the Oklahoma Court of Criminal Appeals, the state confessed error and said Glossip’s conviction should be vacated, though the attorney general still believed Glossip to be culpable. Criminal law We are now in the home stretch.

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Court Tort Litigation Litigating 114

SCOTUSBlog

APRIL 15, 2022

By statute, one factor that can support a continuance for the “ends of justice” occurs when “the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible.” City of Edmond, Oklahoma v. In his petition , Gottesfeld maintains that the circuits are split on this question.

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Statute Government Court Legal 94

Patently O

APRIL 27, 2022

By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law. Presumably, this acronym is meant to suggest that these are new types of designs, uncontemplated by Congress when it passed statutes that—according to some—are in need of “modernization.”. For prior PatentlyO coverage, see here.)

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Manufacturing Statute Technology Laws 69

JURIST

APRIL 4, 2024

If signed, the adultery statute will be immediately repealed. The bill states the purpose of repealing the law is to remove an “outdated statute criminaliz[ing] sexual behavior between consenting adults.” Oklahoma treats adultery as a felony punishable by up to five years imprisonment and/or a $500 fine.

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Misdemeanor Laws Felony Statute 223

SCOTUSBlog

APRIL 16, 2021

Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. Immediately at stake in the answer is billions of dollars in federal CARES Act funding. First, some background. Just as, in McGirt v.

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Government Contract Statute Education 120

Broadcast Law Blog

JANUARY 29, 2023

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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Sports Manufacturing Statute Laws 98

SCOTUSBlog

NOVEMBER 2, 2022

After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Hetronic International, Inc. involves the international reach of the Lanham Act, which provides civil remedies for infringement of U.S. trademarks. 14 and Oct. 28 conferences).

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Government Construction Court Statute 103

Broadcast Law Blog

APRIL 13, 2016

A few states, including New Jersey and Florida, have passed criminal statutes making pirate radio illegal, but such enforcement, in the few cases that I have dealt with in those states, has tended to be a low enforcement priority for state authorities. What is the reality of this actually happening?

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Statute Legal Legal Education 40

SCOTUSBlog

FEBRUARY 24, 2022

Oklahoma during the 2019-20 term, asked whether a federal criminal statute could include a racial classification, and whether that was relevant in assessing whether a provision of the tribal code was actually federal law. Justice Samuel Alito, in a series of questions reminiscent of concerns he raised in oral argument in McGirt v.

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Government Court Laws Attorney 72

SCOTUSBlog

JULY 5, 2023

that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. Even though Abitron largely made sales in Europe, Hetronic sued on its home turf, the Western District of Oklahoma.

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Statute Manufacturing Court Laws 97

The Crime Report

JUNE 14, 2022

Justices heard arguments in Oklahoma v. Castro-Huerta in April, a case which will relitigate the State of Oklahoma’s ability to prosecute crimes involving Native Americans in Indian country. Justice Neil Gorsuch wrote the dissent.

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Court Misdemeanor Government Statute 97

JURIST

MAY 31, 2023

The Oklahoma Supreme Court Wednesday struck down two abortion bans as unconstitutional, but abortion remains illegal in the state. ” Because both statutes require a “medical emergency” for a physician to legally perform an abortion, the court found them unconstitutional.

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Court Statute Attorney Legal 192

SCOTUSBlog

MARCH 20, 2023

The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. A jury in Oklahoma City awarded Hetronic more than $90 million. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple.

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Stare Decisis Laws Statute Construction 85

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. Oklahoma , 22-6500 Issues : (1) Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty verdict to obtain relief for a violation of Brady v. Nelson ,…517 U.S. 26 and Oct.

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Laws Court Personal Injury Tort 83

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. The federal district court for the Northern District of Oklahoma denied non-federal defendants’ motion to dismiss a landowner’s lawsuit claiming that the U.S. Optimus Steel, LLC v. Army Corps of Engineers , No.

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Court Government Litigation Litigating 54

SCOTUSBlog

JANUARY 12, 2022

Oklahoma cases as a single case — that I have to be extremely summary. Oklahoma that Congress had not clearly disestablished a Creek Nation reservation covering much of eastern Oklahoma, and thus the area remained Native American territory for the purposes of a federal criminal law, eliminating the state’s ability to prosecute crimes there.

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Court Statute Education Laws 107

LegalReader

JANUARY 30, 2023

Protest is not terrorism, but in post-9/11 America, anti-terrorism statutes are weaponized against protest and dissent.

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Statute 122

The Crime Report

JANUARY 5, 2023

The bill, if enacted, would make providing or referring for this kind of care to anyone under 26 years old a felony offense with a statute of limitations of 40 years. .

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Healthcare Felony Statute 105

SCOTUSBlog

NOVEMBER 15, 2023

The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe. Court of Appeals for the 9th Circuit held , in a case involving Arizona’s San Carlos Apache Indian Tribe, that the payments must also include services covered by insurance. relisted after the Sept.

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Healthcare Contract Court Government 111

SCOTUSBlog

JANUARY 14, 2022

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. Oklahoma applies retroactively to convictions that were final when McGirt was decided. In Cooper Tire & Rubber Company v. 3582(c)(1)(A)(i). Beaudreaux , Cullen v.

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Court Manufacturing Statute Laws 99

SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. relisted after the Sept. 13 and Oct 27 conferences) Glossip v. rescheduled before the Mar. 28, and May 11 conferences; relisted after the Sept.

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Court Contract Government Statute 104

The Crime Report

DECEMBER 1, 2022

The National Advocates for Pregnant Women, a legal advocacy group, says Wisconsin’s fetal protection law is the most “egregious” of the civil statutes in the country. The four other states which permit civil commitment — the Dakotas, Oklahoma and Minnesota — all require “clear and convincing evidence.”.

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Laws Attorney Court Legal 126

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?

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Finance Government Laws Legal 101

SCOTUSBlog

OCTOBER 2, 2023

Share The Supreme Court on Monday morning declined to take an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, as well as a test of New Jersey’s “slogan statutes.” A jury awarded Planned Parenthood nearly $2.5 million, but the group contended that its conduct was protected by the First Amendment.

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Statute Court Attorney Laws 94

SCOTUSBlog

JUNE 30, 2022

People from states with restrictive regimes, like Oklahoma , already are traveling to states that protect access. Additionally, travel distance is a known barrier to care that jeopardizes health, which the court recognized in 2016 in Whole Woman’s Health v. Hellerstedt. Some states, like California, pay for low-income patients’ care.

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Laws Court Government Statute 92

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: Oklahoma SB612 (and others). South Dakota.

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Felony Statute Laws Court Decisions 59

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.

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Statute Legal Legal Laws 118

SCOTUSBlog

OCTOBER 5, 2021

Issue : Whether a state statute that expressly caps punitive damages at two times compensatory damages satisfies the notice requirement of the due process clause such that a punitive damages award that complies with the statute is constitutionally sound under the due process clause. City of Tahlequah, Oklahoma v. 27 conference).

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Punitive Damages Compensatory Damages Court Statute 54

SCOTUSBlog

OCTOBER 4, 2021

Intratek Computer , the government will weigh in on the effect of a federal whistleblower statute on an arbitration agreement between an employer and its employee. Regalado , a lawsuit filed on behalf of Thomas Pratt, who was in an Oklahoma jail when he told medical personnel that he was suffering from alcohol withdrawal.

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Court Law Firm Law Firms Lawyer 100