SCOTUSBlog

FEBRUARY 21, 2022

States subject to Cabazon Band were entitled (under a federal statute referred to as Public Law 280) to prevent the prohibited types of gambling even on reservations, but they cannot enforce their regulatory regimes against those types of gambling that are regulated but not prohibited. Three provisions of the Restoration Act are relevant.

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Statute Government Court Decisions Litigation 117

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

The Crime Report

SEPTEMBER 20, 2022

Juvenile Court jurisdiction should be based on a young person’s age at the time of their offense, replacing statutes in some states that kick a juvenile case up to adult criminal court when a person turns 18 during the course of court proceedings, according to a forthcoming essay in the Villanova Law Review. Photo by peretzpup via Flickr.

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Court Statute Legal Legal 111

SCOTUSBlog

JUNE 14, 2024

For historical reasons involving politics at the time of the Bankruptcy Code’s enactment, six districts in Alabama and North Carolina do not participate in that system; they are administered by the Bankruptcy Administrator Program in the Administrative Office of the United States Courts. By statute, the U.S.

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Court Statute Government Court Rules 100

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

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Government Statute Court Cause of Action 99

Law 360

APRIL 5, 2022

Boeing Aerospace is urging the 11th Circuit to reconsider its decision to revive an Alabama subcontractor's $100 million claim against the company for trade secrets theft, saying the panel had ignored Alabama precedent on statute of limitations issues.

Statute 40

Statute 40

SCOTUSBlog

JUNE 8, 2023

United States , which limits the scope of identity theft under a federal criminal statute. “I Now, we both agree and disagree with Alabama,” he says about the state’s appeal, which includes broader arguments seeking to limit the scope of Section 2. We will not adopt the change to existing law Alabama seeks,” the chief says.

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Entertainment Lawyers Lawyer Statute 102

Constitutional Law Reporter

SEPTEMBER 22, 2021

In Alabama Association of Realtors v. Realtor associations and rental property managers in Alabama and Georgia sued to enjoin the CDC’s moratorium. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”. Department of Health and Human Services , 594 U.S. _ (2021), the U.S.

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Court Statute Constitutional Law Government 105

Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. The USPTO is now seeking comments on where the office should be located — and the methodology it should use in selecting a location. [ Fed Reg ].

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Statute Government 64

SCOTUSBlog

SEPTEMBER 29, 2023

Fitzgerald , the Supreme Court ruled that a 2017 law that imposes higher fees on bankruptcy filers in 48 states than in North Carolina and Alabama violated the requirement, imposed by the Constitution, that Congress provide uniform bankruptcy laws throughout the United States. In 2022, in Siegel v. In Office of the U.S. In Corner Post v.

Calendaring 128

Calendaring Court Statute Court Rules 128

JonathanTurley

DECEMBER 7, 2023

The New York Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. The Times ran an article “A Fourth Alabama Player Was at a Deadly Shooting, in a Car Hit by Bullets.” We have previously discussed retraction statutes that can limit damages or actions.

Punitive Damages 57

Punitive Damages Sports Statute Contract 57

SCOTUSBlog

JUNE 14, 2022

Caster ), a challenge to the congressional redistricting plan that Alabama adopted after the 2020 census. Court of Appeals for the 9th Circuit used the correct test to determine whether wetlands are “waters of the United States” for purposes of the Clean Water Act. 4, the justices will hear argument in Merrill v. Goertz (Oct.

Calendaring 100

Calendaring Statute Court Litigating 100

SCOTUSBlog

MAY 24, 2023

The statute was amended in 1950 to remove burglary from the list, and in 1968 it was amended to add rape and murder, in part because a federal civil rights commission noted the omission of such serious felonies from the list. Alabama , she contends that it was error not to receive the newly proffered mitigating evidence.

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Immigration Court Felony Statute 104

SCOTUSBlog

JUNE 16, 2022

The problem involves the odd history of two of the three Native American tribes that remain in the state of Texas, the petitioner Ysleta del Sur Pueblo (a tiny reservation near El Paso) and the much larger Alabama-Coushatta reservation in East Texas.

Court 75

Court Statute Government Laws 75

SCOTUSBlog

FEBRUARY 22, 2022

The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. And the key practical effect is whether the Ysleta del Sur Pueblo and the Alabama-Coushatta tribes may operate bingo games on their reservations.

Entertainment 112

Entertainment Court Statute Laws 112

The Crime Report

JANUARY 13, 2023

There’s nothing in any of the statutes that say, ‘If an agency doesn’t do this within 30 days, the secretary can fine them $500 or penalize them.’ It is incumbent upon the agencies themselves to comply with these statutes.”. We don’t have any stick,” Newsome said.

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Attorney Litigating Litigation Depose 105

LettersBlogatory

SEPTEMBER 1, 2021

The order , issued on August 31, is meant to reimpose restrictions in light of the Supreme Court’s recent decision in Alabama Association of Realtors v. The Boston Public Health Commission was created by statute, Chapter 147 of the Acts of 1995.

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Statute Laws Court Legal 52

Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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Statute Technology Legal Legal 40

Strictly Business

OCTOBER 30, 2017

Additionally, there are a number of federal statutes that apply to specific business activities that implicate data privacy issues. Similarly, all states, excluding Alabama and South Dakota, have adopted legislation requiring businesses to notify individuals if their personally identifiable information has been subject to a security breach.

Laws 52

Laws Government Litigating Litigation 52

Broadcast Law Blog

DECEMBER 9, 2016

As most radio stations don’t have individuals at their stations familiar with music licensing practices, it is difficult to imagine the small station in Ottumwa, Iowa or Elko, Nevada, or Dothan, Alabama each negotiating with all of the songwriter representatives.

Statute 56

Statute Education Litigation Litigating 56

SCOTUSBlog

JUNE 29, 2023

Legal Services Alabama, Inc. , Securities and Exchange Commission , 22-991 Issue : Whether, under special review statute 15 U.S.C. § That last case, United States v. CVSG: 5/18/2023 (relisted after the June 22 conference) Davis v. relisted after the June 22 conference) Jarkesy v.

Immigration 92

Immigration Court Government Laws 92

The Crime Report

NOVEMBER 2, 2023

” Local newspaper publisher Sherry Digmon and reporter Don Fletcher were arrested in Atmore, Alabama on October 27 and accused of revealing information about a grand jury investigation related to the Escambia County School Board. ” Abuse of grand jury information is a felony under Alabama law.

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Felony Contract Attorney Laws 105

JURIST

SEPTEMBER 1, 2023

Alabama Attorney General Steve Marshall filed a motion Monday arguing that the state can prosecute those who assist people with accessing out-of-state abortion care. A recent study found that 25-44 percent of pregnant people seeking an abortion in Alabama had to travel out of state, even before Dobbs v.

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Statute Attorney Laws Court 223

JURIST

JUNE 24, 2023

” The states of Texas and Louisiana originally filed their lawsuit against the federal government in 2021, saying: The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so. Secretary of Homeland Security Alejandro N.

Immigration 211

Immigration Court Rules Court Statute 211

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct.

Tort 50

Tort Litigation Litigating Construction 50

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct.

Tort 48

Tort Litigation Litigating Construction 48

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. Coinbase asserts that this situation arises frequently, and it argues that the circuits are divided: While the U.S.

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Court Contract Statute Government 116

JURIST

JUNE 30, 2024

The court did not find either situation to be the case because “[t]he statute does not prevent medical providers from treating children with gender dysphoria with [alternative treatments], nor does it prohibit them from providing those medical procedures to adults.”

Court 104

Court Felony Healthcare Statute 104

At the Lectern

AUGUST 6, 2024

5th 748, the California Supreme Court ruled that a statute requiring full-term consecutive prison sentences for certain sex crimes found by a judge to have been committed “on separate occasions” does not offend the Sixth Amendment right to a jury trial. Catarino (2023) 14 Cal.5th Bitemark testimony. When cert was denied in McCrory v.

Technology 45

Technology Court Statute Court Decisions 45

JonathanTurley

FEBRUARY 7, 2023

Alabama , 219 U.S. ” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. Alabama , 219 U.S. ” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. Andrew Koppelman, Forced Labor: A Thirteenth Amendment Defense of Abortion , 84 Nw.

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Court Laws Statute Contract 58

JURIST

FEBRUARY 15, 2024

The Alabama Senate approved a bill on Wednesday that puts a politically-appointed board in charge of the Alabama Department of Archives and History (ADAH), as well as a bill that makes it easier for municipalities to fire members of a local library’s board of directors.

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Government Statute Attorney Laws 223

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. .” The Department hosted a virtual forum discussing its review of the program on Thursday.

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Statute Government Court Legal 152

HowAppealing

APRIL 15, 2021

“Alabama woman’s case becomes test of federal anti-riot law; The Justice Department dispatched its top terror prosecutor to defend a statute the Trump administration turned to in its fight against violence at racial justice protests”: Josh Gerstein of Politico has this report.

Statute 100

Statute Laws 100

SCOTUSBlog

JUNE 8, 2023

Alabama , involving a claim by a woman on death row that she should have been allowed to present evidence of her good behavior in prison during a resentencing proceeding. But the agency took no action to investigate or correct the disputed information, in violation of the statute. But it denied review in Leavell-Keaton v.

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Court Government Statute Laws 75

SCOTUSBlog

DECEMBER 31, 2020

Boynton went on to spend his career as a civil rights lawyer (even though his home state of Alabama refused to give him a law license for six years because of his involvement in the Supreme Court case). Virginia , the court did find the statute unconstitutional. Just two months later, in Loving v. Drew Saunders Days III. 15, 2020).

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Court Lawyers Lawyer Administrative Assistant 122

Constitutional Law Reporter

NOVEMBER 29, 2023

Marshall : The case arises out of the seizure and retention of the plaintiffs’ vehicles under Alabama’s Civil Asset Forfeiture (CAF) statute. While the plaintiffs ultimately prevailed on summary judgment by asserting the innocent owner defense available under the Alabama statute, the court process took almost a year.

Constitutional Law 52

Constitutional Law Statute Government Court 52

SCOTUSBlog

OCTOBER 30, 2022

Milligan , which asks whether Alabama violated the Voting Rights Act by gerrymandering Black voters in a way that minimizes their ability to elect their chosen candidates. 9, another remedial statute is at risk. The case was Merrill v. In Haaland v.

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Court Constitutional Law Statute Education 104