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The US Supreme Court has declined to hear an appeal from the South Carolina Department of Parks, Recreation, and Tourism (SCDPR) challenging a lower court ruling that found the state had waived sovereign immunity by participating in a federal antitrust lawsuit against Google.
“I teach ConstitutionalLaw. Supreme Court oral arguments have gotten way too long.” ” Law professor Chad Flanders recently had this essay online at The Baltimore Sun. The post “I teach ConstitutionalLaw. Supreme Court oral arguments have gotten way too long.”
“How far are the Supreme Court justices willing to go to remake constitutionallaw?” ” Law professor Erwin Chemerinsky has this essay online at The Los Angeles Times. The post “How far are the Supreme Court justices willing to go to remake constitutionallaw?”
Canadian Prime Minister Justin Trudeau named the Honorable Mahmud Jamal to the Supreme Court of Canada (SCC) on Thursday. Jamal will replace the retiring Justice Rosalie Abella, and becomes the first person of color to sit on Canada’s highest court. The selection process follows the guidelines of the Supreme Court Act of 1985.
“Is Justice Kagan Right that Areas of ConstitutionalLaw Should Not Change Quickly on Account of New Membership on the Court?” ” Law professors Vikram David Amar and Jason Mazzone have this essay online at Justia’s Verdict. ” appeared first on How Appealing.
“Historical Tradition: A Vague, Overconfident, and Malleable Approach to ConstitutionalLaw.” ” Law professor Michael L. ” The post “Historical Tradition: A Vague, Overconfident, and Malleable Approach to ConstitutionalLaw.” Smith has posted this article at SSRN.
The Supreme Court of Canada ruled Friday that the Canadian government can be held liable for enacting laws that are “clearly unconstitutional,” done in bad faith, or stem from abuse of power. The court reiterated the importance of damages as a remedy for state violations of the Canadian Charter of Rights and Freedoms.
“How Professors Can Teach ConstitutionalLaw While the Supreme Court Is Wrecking It; The law school version of constitutionallaw taught students that lawyers and judges are at the vanguard of protecting people who lack political power; As the Court’s most recent term has demonstrated, they are not”: G.S.
“California’s Shifting Relationship With the Supreme Court: A conversation with the constitutionallaw expert Erwin Chemerinsky about what Californians can expect from a conservative court.” ” Jill Cowan has this discussion online at The New York Times.
Supreme Court Justice Clarence Thomas won’t be teaching a constitutionallaw seminar at the George Washington University Law School after thousands of students asked…
“Circuit Scoop: January 2025; January 2025 brought pivotal federal appeals court rulings that challenge agency power, shape business regulations, and influence constitutionallaw, with long-lasting effects on future legal battles.” ” Adam Feldman has this post at his “Legalytics” Substack site.
The US Supreme Court Monday declined to hear a case where a Christian ministry sued the Southern Poverty Law Center (SPLC) over being labeled a hate group. SPLC asked the court to review its 1964 decision in New York Times Co. ” Justice Clarence Thomas dissented from the court’s denial of certiorari.
The US Supreme Court Monday granted both Jones v. The Supreme Court previously denied Jones certiorari but granted it after the Eighth Circuit affirmed a lower court’s dismissal of his habeas petition in August 2021. The court is anticipated to hear arguments in these two cases in the fall. ” Jones v.
Temporary injunction measures imposed by the European Court of Justice (ECJ) against the country’s controversial judicial reforms are unconstitutional, Poland’s Constitutional Tribunal ruled on Wednesday. In 2017, a new regime was adopted establishing a disciplinary chamber to oversee the Supreme Court judges.
Supreme Court held that in awarding the defendants profits to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, a court can award only profits ascribable to the defendant itself. A divided Fourth Circuit Court of Appeals affirmed. Supreme Courts Decision The Supreme Court disagreed.
The Bombay High Court on Friday stayed two provisions of India’s Information Technology Rules (“the Rules” or “Rules”) intended to regulate publishers of digital content such as social media intermediaries, OTT (Over-the-top) platforms, and online news and current affairs websites.
“Canadian Supreme Court Justice Rosalie Abella appointed Pisar Visiting Professor of Law at Harvard Law School; Justice Abella is world-renowned for her decisions and theories on equality, human rights, and constitutionallaw”: Rachel Reed of Harvard Law Today has this report.
The US Fifth Circuit Court of Appeals ruled Friday that an 1890 state constitutional provision permanently preventing people convicted of certain felonies from voting, Section 241, is unconstitutional. This end-justifies-means analysis has no place in constitutionallaw.”
The German ConstitutionalCourt on Tuesday ruled a law allowing double jeopardy in criminal cases where new evidence was available was unconstitutional. However, the court found the 2021 reform conflicted with Article 103 of the Basic Law. ” The decision centered on Section 362 of the German Criminal Code.
The US Supreme Court heard oral arguments on Monday in Siegle v. The District Court ruled in the Circuit City trustee’s favor, and the US Court of Appeals for the Fourth Circuit reversed and remanded the case. Fitzgerald and United States v. Washington.
The Supreme Court recently agreed to consider Catholic Charities Bureau, Inc. The closely watched First Amendment case involves the availability of tax exemptions for religious organizations and marks the first religious case taken up by the Court this term. The Wisconsin Supreme Court reinstated the decision of the LIRC.
The Indian Supreme Court ruled on Wednesday that women can sit for the NDA (National Defence Academy) admission exam in a landmark interim order which will allow more women to serve in India’s armed forces.
.” It also requires the government to compensate for takings, “ the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.”
The Supreme Court of India Friday upheld a series of amendments to the Foreign Contribution (Regulation) Act 2010 (FCRA) to strictly regulate the flow and utilisation of foreign contributions by organisations into the country. The post India Supreme Court upholds law restricting foreign donations to NGOs appeared first on JURIST - News.
The Karnataka High Court dismissed a batch of petitions Tuesday challenging the proscription of hijabs (Islamic headscarves) in the uniform for pre-university colleges in the Udupi district of Karnataka. The court referred to various s?ras
Pakistan’s Supreme Court heard arguments Friday on a petition to halt the country’s removal of Afghan refugees. The deportations prompted the signatories of the petition to deposit their request to the Supreme Court, urging the court to revoke the government’s decision as a breach of “the fundamental rights of approximately 4.4
In a 5-2 decision, the Kenya Court of Appeal on Friday upheld a Kenya High Court decision declaring the Building Bridges Initiative (BBI), a constitutional amendment bill, unconstitutional. The court expressed that the said doctrine limits the amendment power set out in Articles 255-257 of the Constitution.
Constitutionallaw took center stage in many U.S. Supreme Court and the New Jersey Supreme Court cases decided in 2023. At the nation’s highest Court, the six-member conservative majority continued its trend of issuing transformative decisions, most notably in its landmark decision effectively ending affirmative action.
“Chances grow that Supreme Court will take up Maine’s ban on religious school funding”: Matthew Stone of The Bangor Daily News has an article that begins, “A new federal court opinion in Vermont improves the chances that a Maine case challenging the state’s ban on public funding for religious schools could end up before (..)
.” The select committee explained that even when there is clear evidence that refugees sent to Rwanda are at risk of refoulement, decision-makers and courts must still regard it as a safe country when determining whether to send refugees there. The committee concluded that this may be a breach of the separation of powers.
Tunisia’s Independent High Authority for Elections (ISIE) recently rejected the Administrative Court’s ruling reinstating three disqualified candidates for the upcoming October 6 presidential election. Tunisia’s upcoming presidential election has been mired in controversies.
The Indian Supreme Court on Monday issued notice in a petition challenging the All India Bar Examination Rules 2010 which require an advocate to qualify for the All India Bar Examination (AIBE) within two years after enrolment to a State Bar Council. Bar Council of India and Indian Council of Legal Aid & Advice v. Bar Council of India.
HEBERT LAW CENTER seeks to hire pre-tenure or tenured lateral faculty members in constitutionallaw, criminal law and procedure, federal courts and procedure, evidence, and professional responsibility. LOUISIANA STATE UNIVERSITY, PAUL M. Applicants should have a J.D. from an ABA-accredited.
The Administrative Court in Cologne Tuesday ruled that key provisions of the amended Network Enforcement Act (NetzDG), aimed at curbing online hate speech, violate European Union law on civil liberties. The ruling delivered a partial victory to Google and Meta that had challenged the new law in February last year.
A Constitution Bench of the India Supreme Court Tuesday ruled that fundamental rights under Articles 19 and 21 of the India Constitution are enforceable against even private individuals and entities. Article 19 pertains to freedom of speech rights while Article 21 has to do with life and liberty under the process of law.
Both parties are spending millions with the balance of the state Supreme Court in the balance. Ironically, the United States Supreme Court made that plain in an important Wisconsin case argued just the day before the state election. P.S.: Whoever wins, the majority should adopt a new seal for the Court.
Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. Jarkesy does contend in passing that the particular features of the government’s claims against him are much more similar to common-law fraud claims than those in the early public-rights cases.
The US Supreme Court Thursday held that Social Security disability claimants are not bound by the issue-exhaustion requirement in administrative law judge (ALJ) hearings. Writing for a 9-0 court, Justice Sonia Sotomayor concluded that although the Social Security claimants in Carr v.
A faculty of nationally recognized Supreme Court, constitutionallaw, and civil rights experts will analyze, discuss, and debate the major developments. The post PLI’s Review Of The Supreme Court’s October 2021 Term appeared first on Above the Law.
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 constitutionallaw.
Polling on the issue has shown that the referendum has divided Australians and has generated significant attention , with some politicians and highly influential members of the legal profession—such as former High Court justice Ian Callinan—opposing the vote.
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