Law 360

JULY 1, 2022

The October 2021 Supreme Court term will be remembered as the most consequential one in generations, experts said, pointing to sweeping rulings affecting the rights of millions of Americans and establishing a new conservative vision of constitutional law.

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Constitutional Law Reporter

JUNE 22, 2021

Cooley, 593 U.S. _ (2021) , the U.S. Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. The Ninth Circuit Court of Appeals affirmed.

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Constitutional Law Reporter

FEBRUARY 23, 2021

S. _ (2021), the U.S. Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. After unsuccessfully seeking compensation in Germany, the heirs brought several common law property claims in U.S.

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At the Lectern

JUNE 13, 2022

Berkeley Law’s California Constitution Center on Friday held a major all-day conference focusing on the California Supreme Court. Six of the court’s justices and a federal Court of Appeals judge participated on various panels. A conversation between the court’s newest justice , Patricia Guerrero, and Carrillo.

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Constitutional Law Reporter

FEBRUARY 8, 2021

Supreme Court will hear two significant voting rights cases out of Arizona. It also has a “ballot-collection law,” known as H.B. Both lawsuits before the Court involve the above provisions. Issues Before the Supreme Court. The Supreme Court granted certiorari in both cases on October 2, 2020.

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Patently O

FEBRUARY 10, 2021

the Supreme Court will consider the application of the Appointments Clause to Patent Trial and Appeal Board judges–specifically, whether PTAB judges are principal officers who must be appointed by the President and confirmed by the Senate, and whether the proper remedy is to sever their statutory removal protections. February 12, 2021.

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Constitutional Law Reporter

OCTOBER 11, 2021

Supreme Court returns to the bench on October 4 for the first arguments of the 2021-22 term, they will meet in person for the first time since March of 2020. Supreme Court’s COVID-19 Response. Given the uncertainty surrounding COVID-19, the Court elected to embrace technology, something it has been reluctant to do in the past.

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Conflict of Laws

AUGUST 31, 2021

The second issue of 2021 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) has been released. It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through Constitutional Law?

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SCOTUSBlog

MARCH 7, 2022

Share The Supreme Court on Monday refused to block orders by courts in North Carolina and Pennsylvania that threw out the congressional maps enacted by the states’ Republican legislatures and replaced them with maps drawn by the trial courts. 23, the state supreme court refused to put the expert’s map on hold.

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Constitutional Law Reporter

SEPTEMBER 10, 2021

S. _ (2021), the U.S. Supreme Court clarified when plaintiffs can seek redress in U.S. courts for human rights abuses that occur overseas. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Supreme Court’s Decision. Doe , 593 U.

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Constitutional Law Reporter

AUGUST 2, 2021

Bonta, 594 U.S. _ (2021) , a divided U.S. Supreme Court struck down a California law requiring charitable organizations to disclose the names and addresses of their major donors. According to the majority, the disclosure law ran afoul of the First Amendment. Supreme Court’s Decision.

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Constitutional Law Reporter

APRIL 26, 2021

On April 9, 2021, the U.S. Supreme Court ruled in Tandon v. S. _ (2021) that California’s COVID-19 restrictions on religious gatherings in homes likely run afoul of the First Amendment’s Free Exercise Clause. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals.

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Constitutional Law Reporter

JUNE 22, 2023

Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. The District Court dismissed the suit for failure to state a claim, and the Eighth Circuit affirmed. Supreme Court’s Decision The Supreme Court reversed. The Court first addressed the issue of standing.

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Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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Constitutional Law Reporter

JUNE 16, 2021

593 U.S. _ (2021) , the U.S. Supreme Court held that a district court does not have the discretion to deny or reduce the costs awarded by an appellate court under Federal Rule of Appellate Procedure 39. On appeal, the Court of Appeals determined that the OTCs had not underpaid on their taxes. In San Antonio v.

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Constitutional Law Reporter

AUGUST 16, 2021

S. _ (2021), a divided U.S. Supreme Court held that a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission (FERC) pursuant to Section 717f(h) of the Natural Gas Act authorizes a private company to condemn all necessary rights-of-way, whether owned by private parties or states.

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JURIST

DECEMBER 23, 2021

The Karnataka Legislative Assembly passed the Karnataka Protection of Right to Freedom of Religion Bill, 2021 Thursday prohibiting the “unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means.”

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Constitutional Law Reporter

JULY 14, 2021

Supreme Court held in Mahanoy Area School Dist. 594 U.S. _ (2021) , that a school district’s decision to suspend a student from the cheerleading team for posting vulgar language and gestures critical of the school to social media (outside of school hours and away from the school’s campus) violated the First Amendment.

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Constitutional Law Reporter

FEBRUARY 28, 2022

Supreme Court allowed Alabama to implement a congressional redistricting map that includes only one district with a majority of Black voters. While a lower court agreed with challengers that the map constitutes illegal racial gerrymandering, the Supreme Court granted a stay, effectively putting the order on hold.

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Constitutional Law Reporter

DECEMBER 4, 2023

Supreme Court recently heard oral arguments in its first significant Second Amendment case in two years. Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. The case, United States v.

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ClimateChange-ClimateLaw

APRIL 26, 2024

The judgment of the European Court of Human Rights (ECtHR) in the case Verein KlimaSeniorinnen v. Switzerland is a striking example of the Paris effect: the influence of the non-binding collective goals of the Paris Agreement (PA) on the interpretation of domestic constitutional law or international human rights law in climate litigation.

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At the Lectern

JUNE 30, 2021

The Spring/Summer 2021 Review of the California Supreme Court Historical Society has reached mailboxes and is available online. [I’m Here are the contents: What Did We Learn from the California Courts’ Response to the Influenza Epidemic of 1918-1919? I’m on the Society’s board.]. by Jennifer King.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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LexForti

OCTOBER 4, 2021

There were multiple Petitions which were filed at Madras High Court. These Petitions were filed under Article 226 of the Constitution. Now the Division Bench of the Madras High Court passed an interim order on 2 nd August 2021. The said order was appealed before the Supreme Court of India. High Court.

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Constitutional Law Reporter

APRIL 12, 2021

S. _ (2021), the U.S. Supreme Court held that to qualify as an “automatic telephone dialing system” under the Telephone Consumer Protection Act of 1991 (TCPA), a device must have the capacity either to store, or to produce, a telephone number using a random or sequential number generator. The Ninth Circuit Court of Appeals disagreed.

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Constitutional Law Reporter

AUGUST 23, 2021

S. _ (2021), a divided U.S. Supreme Court held that a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission (FERC) pursuant to Section 717f(h) of the Natural Gas Act authorizes a private company to condemn all necessary rights-of-way, whether owned by private parties or states.

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Constitutional Law Reporter

AUGUST 9, 2021

S. __ __ (2021), a divided U.S. Supreme Court held that a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission (FERC) pursuant to Section 717f(h) of the Natural Gas Act authorizes a private company to condemn all necessary rights-of-way, whether owned by private parties or states.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. 179/2019 ).

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Constitutional Law Reporter

JULY 26, 2021

S. _ (2021), the U.S. Supreme Court held that the detention of noncitizens ordered removed from the United States who reenter without authorization is governed by 8 U.S.C. The District Court entered summary judgment for respondents, and the Fourth Circuit Court of Appeals affirmed. Supreme Court’s Decision.

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Circuit Court of Appeals denied the States’ motion. In Arizona et al. Alejandro Mayorkas et al.,

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Constitutional Law Reporter

SEPTEMBER 15, 2021

S. _ (2021), the U.S. By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. Supreme Court’s Decision. A divided Supreme Court reversed.

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Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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Constitutional Law Reporter

JUNE 7, 2021

S. _ (2021), the U.S. Supreme Court held that a warrantless search of the Edward Caniglia’s home could not be justified under the “community caretaking” exception to the Fourth Amendment. According to the Court, neither the holding nor logic of Cady v. The District Court granted summary judgment to the officers.

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JonathanTurley

MAY 9, 2021

The child is of mixed races and the court has deemed the display as inimical to the best interests of the child. The family court judge did not make such a determination and the ruling raises a very serious free speech concern over conditioning a right to custody on the curtailment of political speech.

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Constitutional Law Reporter

FEBRUARY 22, 2021

S. _ (2021), a divided U.S. Supreme Court held that a refusal by the U.S. The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. Salinas sought review with the Fifth Circuit Court of Appeals. The post Divided Court Rules U.S. In Salinas v. Legal Background.

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Constitutional Law Reporter

DECEMBER 15, 2021

S. _ (2021) , the U.S. Supreme Court held that that the waters of the Middle Claiborne Aquifer are subject to the judicial remedy of equitable apportionment. The Court’s decision, which is the latest ruling in a long-running ground water dispute between the two states, was unanimous. Supreme Court’s Decision.

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Constitutional Law Reporter

OCTOBER 19, 2022

In the wake of its controversial 2021 term, all eyes will be on the Supreme Court when the justices return to the bench in October. Harper , an elections case out of North Carolina that involves how much oversight state courts may exercise over federal elections. Supreme Court’s decision in Rucho v. Facts of the Case.

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