This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Former Prime Minister Stephen Harper wrote that the ruling “ devalues the lives of [Bissonnette’s] victims” and called the opinion a “grave injustice that calls for action from Parliament.”
The court addressed concerns from victim’s families by stating that their desire for justice was not an appropriate reason for the legislature to broaden statutory framework in order to obtain “substantively more correct justice.”
The Indian Supreme Courtruled 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.
“Circuit Scoop: January 2025; January 2025 brought pivotal federal appeals courtrulings that challenge agency power, shape business regulations, and influence constitutionallaw, with long-lasting effects on future legal battles.”
He claimed the interpretation of articles 1 and 19 of the Treaty on European Union are inconsistent with the Constitution. Filipek, a specialist at the Faculty of ConstitutionalLaw, represented the opposite side and defended the constitutionality of the EU law.
As Justice Breyer explained, the first requirement produces an incentive to lie, while the second requirement introduces a new standard into search and seizure law and creates a problem of interpretation that will arise frequently given the prevalence of non-Indians in Indian reservations.
The Tunisian Workers’ Union and the Tunisian Association of ConstitutionalLaw criticized the ISIE decision to reject a courtruling that reinstated three presidential candidates. The ISIE has also barred 14 candidates from running in upcoming elections.
After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional.
The ability of the court to review parliamentary decisions is a key feature of UK constitutionallaw and ensures one body does not hold too much power, thereby protecting the rule of law. This comes after the UK Supreme Courtruled in November 2023 that the Rwanda policy was unlawful.
The justices remanded the case back to the lower court to consider the latter argument. The post US Supreme CourtRules Germany Entitled to State Immunity in the Nazi Art Case appeared first on ConstitutionalLaw Reporter.
Yesterday the Knesset’s constitution, law, and justice committee scheduled votes on two bills. One will change the committee’s structure for the appointment of Supreme Court justices, giving politicians control over the committee.
The post Divided CourtRules CA Donor Disclosure Rules Violate First Amendment appeared first on ConstitutionalLaw Reporter. She added: “Regulated entities who wish to avoid their obligations can do so by vaguely waving toward First Amendment ‘privacy concerns.’”.
S. _ (2021), the Supreme Courtruled 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.
The post Supreme CourtRules Federal Agencies Can Be Sued Under Fair Credit Reporting Act appeared first on ConstitutionalLaw Reporter. “Both provisions thus exempt government agencies from the Act’s otherwise-broad definition of ‘person’ for particular reasons in particular contexts,” he emphasized.
The crossed-out language is what will be removed from the constitution if Proposal 2 is adopted. According to the author of Proposal 2, Vermont constitutionallaw professor Peter Teachout, the amendment makes no change to substantive rights. Evidence lies in both the constitutional language and judicial precedent.
The post Supreme CourtRules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts appeared first on ConstitutionalLaw Reporter. “The bribery statute for federal officials, §201(b), uses the term ‘corruptly.’ But the gratuities statute for federal officials, §201(c), does not.”
Applying the regulatory approach used in the “free-world” has significant advantages over constitutionallaw in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutionallaw does not fill the gap,” Littman writes. “[It
Heller , the Supreme Court in 2008 ruled the right to bear arms is an individual right. City of Chicago , the courtruled that this right applied against the states. Since then, courts have rejected efforts to limit aspects of gun ownership from barring concealed weapons to restricting ammunition.
“This interpretation quite sensibly gives federal courts at each level primary discretion over costs relating to their own proceedings.”. The post SCOTUS Rules District Courts Can’t Second Guess Appellate Courts’ Ruling on Costs appeared first on ConstitutionalLaw Reporter.
The US Supreme Court has declined to hear an appeal from the South Carolina Department of Parks, Recreation, and Tourism (SCDPR) challenging a lower courtruling that found the state had waived sovereign immunity by participating in a federal antitrust lawsuit against Google.
The post Divided CourtRules U.S. Railroad Retirement Board Decision Subject to Judicial Review appeared first on ConstitutionalLaw Reporter. “Because the Board’s decision below did not determine any right or liability, the RRA does not provide for judicial review.”.
If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week.
The Courtruled that these allegations did not amount to race-based discrimination under Title VII and the law “does not protect free speech in a private workplace.”It It is a problem faced by other companies with other political expressions.
We previously discussed concerns over free speech on the campus of the University of North Texas, including the canceling of an event on child gender transitioning. Students and faculty were not content to protest such events but acted to prevent others from hearing opposing views.
We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights.
In a 5-4 decision, the court dismissed the suit and upheld the current policy that only medical professionals can give tattoos. Upholding this decision, the court characterized tattooing as an invasive procedure that raises important safety concerns.
The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Decisions in all of the cases are expected before the Court’s term ends in June. The post Affirmative Action Kicked Off Busy Week for SCOTUS appeared first on ConstitutionalLaw Reporter. Bollinger , 539 U.S. 306 (2003).
In overturning the death sentence, the Supreme Courtruled that the Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.
By a vote of 7-2, the justices ruled that the state courts had applied the wrong test to determine whether Counterman’s statements were “true threats,” which are not protected by the First Amendment. This article was originally published at Howe on the Court.
Many observers are waiting for the United States Supreme Court to decide whether to delve again into college admissions with a pending case out of Harvard University in which Asian and white students claim discrimination. We have been following that case for a couple years.
Supreme Courtruled 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.
In 1984, the Supreme Courtruled in Chevron U.S.A. Natural Resources Defense Council that judges should defer to the reasonable interpretation of agencies in administering ambiguous federal laws. However, the courtruled that “the Service’s interpretation of the Act as allowing it to do so is reasonable.”
In analyzing the two essential elements of an FCA violation — the falsity of the claim and the defendant’s knowledge of the claim’s falsity — the District Courtruled against SuperValu on the falsity element. The Supreme Court remanded the case back to the Seventh Circuit Court of Appeals for further proceedings.
Supreme Courtruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court remanded the case back to the Second Circuit to evaluate the NRA’s claims in accordance with its opinion.
Moreover, the courtruled that it would not matter: “Minnesota states that from the founding, states have had the power to regulate guns in the hands of irresponsible or dangerous groups, such as 18 to 20year-olds.
Supreme Courtruled in Tandon v. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals. The post Divided Court Strikes Down COVID-19 Restrictions on In-Home Religious Gatherings appeared first on ConstitutionalLaw Reporter.
In the final decision of the Supreme Court before its summer break, Chief Justice John Roberts delivered a major ruling striking down the California law requiring the disclosure of donors for charities.
In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. City of Chicago , the courtruled that this right applied against the states. Penal Law § 400.00(2)(f) Two years after Heller, in McDonald v. This case concerned concealed-carry restrictions under N.Y.
The District Courtruled that all class members had Article III standing on each of the three statutory claims. The post Supreme Court Limits Standing for Class-Action Suits Under FCRA appeared first on ConstitutionalLaw Reporter.
Makin , the court held that a state cannot discriminate against religious schools in funding tuition in in rural areas with no public high school. Bremerton School District , the courtruled in favor of a Christian public-school football coach who prayed with his players after a football game. . In Kennedy v.
The courtruled that whether Farrakhan and the NOI are anti-Semitic is a statement incapable of being proven true or false. National Strategy [t]o Counter Antisemitism.” ” The panel, however, then held that the objections to Farrakhan as pushing anti-Semitic views were protected statements of opinion.
There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The courtruled that such policies “undermin[ed] secularism.”
That is evident from the fact that it was not until 2008 that the Supreme Court finally recognized the right to bear arms as an individual right in District of Columbia v. City of Chicago , the courtruled that this right applied against the states. Two years after Heller, in McDonald v.
It is called the “rule of lenity” and has been around in the English system for centuries. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.” The problem with the Wisconsin statute is not a problem of pluralization but definition.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content