Constitutional Law Reporter

SEPTEMBER 19, 2023

S. _ (2023), the U.S. Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. SuperValu Inc. ,

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Court Constitutional Law Court Rules Court Decisions 52

ClimateChange-ClimateLaw

MAY 31, 2024

Tokyo High Court On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. This blog post introduces two judgments of the Yokosuka climate case, one issued in January 2023 and the second in February 2024. million tons, equivalent to about 1/5000th of the world’s emissions.

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Court Construction Government Court Decisions 60

Conflict of Laws

DECEMBER 25, 2023

The decisions of the Moroccan Supreme Court also reflect these efforts as the Court has shown its willingness to oversight the proper application of the HCCH Conventions (on the application of the 1980 HCCH Convention, see here ). The Supreme Court Ruling No.

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ClimateChange-ClimateLaw

APRIL 18, 2023

O n Monday, April 17, 2023, the U.S. Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings.

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At the Lectern

AUGUST 6, 2024

Gregg and Seifu had been grant-and-holds in the California Supreme Court, which later dismissed review without opinions. Supreme Court the chance to disapprove the California Supreme Court decision in Adolph v. 2023) 14 Cal.5th Carry (2023) 15 Cal.5th Supreme Court also denied cert in Catarino v.

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Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. In United States v.

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Immigration Court Rules Court Entertainment 52

Conflict of Laws

AUGUST 22, 2023

Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer * On 20 August 2023, China Justice Observer released the 2023 version of List of China’s Cases on Recognition of Foreign Judgments. The full version of the 2023 List of China’s Cases on Recognition of Foreign Judgments is available here.

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Cause of Action Divorce Court Rules Lawyers 52

Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court.

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JURIST

JUNE 21, 2024

The Supreme Court of Japan declared a transgender woman as the father of her daughter, who was conceived after the woman’s legal gender change, for the first time on Friday. The court also stated that impacts on family relationships should be considered when deciding whether a father-child relationship should be recognized.

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LLRX

APRIL 26, 2023

A flurry of court rulings in April 2023 has left the future of the abortion pill mifepristone in question. Supreme Court decision on April 21 allows the drug to remain accessible without additional restrictions as the merits of the case are weighed in lower court proceedings. For now, a U.S.

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JURIST

JULY 6, 2022

The DOJ’s case to overturn the Arizona law rests on a 2013 Supreme Court decision, Arizona v. The court ruled the federal 1993 National Voter Registration Act preempted Arizona from requiring proof of citizenship when applicants register to vote with federal forms. Inter Tribal Council, Inc.

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Laws Court Decisions Court Rules Attorney 104

Conflict of Laws

SEPTEMBER 14, 2023

On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). As discussed further below, the addition of “rulings” (??) but not to “rulings.” Written by Bill Dodge , the John D.

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Drafting Court Laws Government 49

Conflict of Laws

SEPTEMBER 30, 2024

The 2020 update [2] , 2022 update [3] , and 2023 update [4] were also posted on Conflictoflaws.net. 2023) Gui 71 Xie Wai Ren No. 1, [13] a local Chinese court in Nanning, Guangxi Province, ruled to recognize and enforce a Thai monetary judgment in 2024. (Note: Foreign divorce judgments are excluded in the Case List.)

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Cause of Action Divorce Lawyer Lawyers 64

Conflict of Laws

AUGUST 30, 2023

Final Update of 29 August 2023: New entries are printed bold. 1508-1545 (available here ) Casey, Alex “Holding out Hope for the Hague Judgments Project Thirty-Years Later: The Future of Express English Jurisdiction Clauses in Light of the London-Lugano Lacuna (Brexit, Brussels, and Beyond)”, Plassey Law Review 3 (2023), pp. 819 et seq.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. In September 2018, Lane challenged his 2007 conviction for failure to register based on the new appeals court decision.

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SCOTUSBlog

OCTOBER 5, 2024

Glossip asked an Oklahoma court to set aside his conviction and sentence last year. In January 2023, he said, he had received for the first time files from the state indicating that prosecutors knew, but had not disclosed to Glossip or his lawyers, that Sneed had been prescribed lithium for bipolar disorder after his arrest.

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Conflict of Laws

AUGUST 31, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. HCCH 2019 Judgments Convention Repository. Martiny, Dieter. Baden-Baden 2021, pp 127-146. “The

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Conflict of Laws

JUNE 21, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023 , taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. HCCH 2019 Judgments Convention Repository. Martiny, Dieter. Baden-Baden 2021, pp 127-146. “The

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Conflict of Laws

SEPTEMBER 28, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. HCCH 2019 Judgments Convention Repository. Martiny, Dieter. Baden-Baden 2021, pp 127-146. “The

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Conflict of Laws

APRIL 4, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please also check the “official” Bibliography of the HCCH for the instrument. 8 (2021), pp. 819 et seq.

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Conflict of Laws

AUGUST 28, 2023

It is in this broader context that the decision of the Supreme Court of Namibia in Digashu v. GRN (SA 7/2022 and SA 6/2022) [2023] NASC (16 May 2023) decided that same-sex marriages concluded abroad should be recognised in Namibia and that the failure to do so infringes the right of the spouses to dignity and equality.

Contract 59

Contract Immigration Divorce Laws 59

SCOTUSBlog

NOVEMBER 4, 2024

The court also sent Joseph Smith’s case from Alabama’s death row back to the court of appeals for more clarification of the basis for the lower court’s decision. Alabama had asked the justices to reverse an appeals court decision that lifted Smith’s death sentence. 5 until Nov.

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Court Immigration Court Decisions Court Rules 110

Conflict of Laws

FEBRUARY 15, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, registration now open , we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please also check the “official” Bibliography of the HCCH for the instrument.

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Drafting Laws Litigating Litigation 40

JURIST

AUGUST 17, 2022

Dosso and Others , the Supreme Court ruled on the legality of the 1958 martial law regime. The court, applying Hans Kelson’s Pure Theory of Law, held that a constitution may be changed through a coup or successful revolution. In the case of The State v.

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Government Court Legal Legal 118

JURIST

AUGUST 28, 2024

The US Court of Appeals for the Eleventh Circuit on Monday stayed a lower court decision to block Florida laws that ban gender-affirming care for transgender minors and restrict such healthcare for transgender adults. Last month, while the case went through appeals, Hinkle confirmed his June ruling.

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Healthcare Court Education Court Decisions 104

JonathanTurley

AUGUST 9, 2024

As it has in the past, the court adopted a three-tiered approach to presidential powers based on the source of a presidential action. Sawyer , in which the court ruled against President Harry Truman’s takeover of steel mills. Chief Justice John Roberts cited Youngstown Sheet and Tube Co.

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Court Calendaring Government Court Decisions 74

SCOTUSBlog

MARCH 20, 2023

Share In a short procedural order, the Supreme Court on Monday morning threw out a lower-court ruling allowing a state court clerk to be sued for telling a pregnant teenager that her parents must be notified of their child’s desire to seek an abortion without their consent.

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Court Rules Court Lawyer Lawyers 99

JURIST

JULY 3, 2024

US Democratic congressman Joe Morelle announced plans Wednesday to attempt to reverse this week’s US Supreme Court ruling on former US President Donald Trump’s immunity claims. In August 2023, Trump was indicted on four counts related to the 2020 elections and the events leading up to Jan.

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Court Court Rules Court Decisions Laws 211

ClimateChange-ClimateLaw

OCTOBER 25, 2024

The federal court ruled resoundingly in favor of SIFMA, finding for plaintiffs on all counts. The litigation over California’s climate disclosure rules , which were issued in late 2023, is further along. SIFMA, a trade association representing the securities industry, challenged this requirement.

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Court Litigating Litigation Government 71

SCOTUSBlog

FEBRUARY 2, 2024

2023, for example, the Minnesota Supreme Court threw out an attempt to remove Trump from that state’s ballot. 27, the Michigan Supreme Court declined to review a lower-court decision that allowed Trump to appear on the state’s primary ballot. In a ruling on Dec. And on Dec.

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SCOTUSBlog

JULY 6, 2021

Among other things, the court relied on racial discrimination dating back to Arizona’s territorial days, current socioeconomic disparities, racially polarized voting, and racial campaign appeals.”. This bill would respond to another Supreme Court decision, Shelby County v.

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JURIST

APRIL 8, 2024

Jackson Women’s Health Organization ruling in 2022, which overturned the reproductive rights established by Roe v. Wade, a landmark 1973 Supreme Court decision that legalized abortion across the US. … Clearly, those bragging about overturning Roe v. Wade have no clue about the power of women in America.

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Court Rules Legal Legal Court Decisions 211