Constitutional Law Reporter

SEPTEMBER 10, 2021

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. The Supreme Court reversed.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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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

FEBRUARY 8, 2024

Supreme Court heard oral arguments in four cases this week. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc. 837 (1984).

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Constitutional Law Reporter

SEPTEMBER 15, 2021

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. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Supreme Court’s Decision. . _ (2022), the U.S. In Bivens v.

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JonathanTurley

JANUARY 16, 2023

The Supreme Court has granted certiorari in a potentially major case on the free exercise of religion. The trial court and Third Circuit ruled for the Postal Service under Hardison. “Groff’s proposed accommodation of being exempted from Sunday work would cause an undue hardship. .”

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Constitutional Law Reporter

APRIL 20, 2022

Supreme Court heard oral arguments in four cases last week, with Justice Clarence Thomas participating remotely after being discharged from the hospital. Other issues before the Court included the extent of Congress’ war powers under Article 1 of the U.S. Constitution. Constitution. ” In Circuit City Stores, Inc.

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SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. When it applies, it is because the right in question is a “public” right that would not have required the kind of “[s]ui[t] at common law” to which the Seventh Amendment applies.

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JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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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. King ,592 U.

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JonathanTurley

JULY 23, 2021

Indeed, some of these laws do not seem to support an actual boycott as opposed to a divestment in “listed companies.” ” Indeed, I am a bit confused by the disconnect between the rhetoric and the reality of these laws in calls for statewide boycotts. NO PRIVATE CAUSE OF ACTION. (a) In Reeves, Inc.

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JonathanTurley

MAY 7, 2022

Former President Donald Trump achieved mixed results in courts this week. The court then found that the filing could not maintain a group libel theory. Lait (1952), a New York federal district court addressed a defamation claim arising from the publication of the book “U.S.A. We have previously discussed this tort theory.

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JonathanTurley

DECEMBER 23, 2020

The 41-page lawsuit, which seeks unspecified damages for emotional distress and violation of state law for distribution of intimate personal material without Hill’s consent, against defendants Salem Media Group Inc., In that case, the Supreme Court has ruled 8-1 in favor of the Westboro Baptist Church. Mail Media, Inc.,

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