JURIST

SEPTEMBER 15, 2024

The Tunisian Workers’ Union and the Tunisian Association of Constitutional Law criticized the ISIE decision to reject a court ruling that reinstated three presidential candidates. The ISIE has also barred 14 candidates from running in upcoming elections.

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Constitutional Law Reporter

JUNE 22, 2021

Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. Supreme Court’s Decision. Breyer wrote on behalf of the unanimous Court. “We

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JURIST

FEBRUARY 19, 2024

Independent, effective judicial oversight is the bedrock of the rule of law – it must be respected and strengthened. The UK’s Select Committee on the Constitution echoed the concern voiced by Türk. This comes after the UK Supreme Court ruled in November 2023 that the Rwanda policy was unlawful.

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Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. District Court against Germany and SPK (collectively Germany). Supreme Court’s Decision.

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JURIST

FEBRUARY 14, 2023

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.

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The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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Constitutional Law Reporter

AUGUST 2, 2021

Supreme Court struck down a California law requiring charitable organizations to disclose the names and addresses of their major donors. According to the majority, the disclosure law ran afoul of the First Amendment. Supreme Court’s Decision. In Americans for Prosperity Foundation v. United States v.

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JURIST

NOVEMBER 3, 2022

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 constitutional law professor Peter Teachout, the amendment makes no change to substantive rights. Evidence lies in both the constitutional language and judicial precedent.

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JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional.

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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.

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JonathanTurley

SEPTEMBER 30, 2021

Heller , the Supreme Court in 2008 ruled the right to bear arms is an individual right. City of Chicago , the court ruled 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. City Council.

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Constitutional Law Reporter

JULY 23, 2024

Supreme Court held that 18 U.S.C. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. In Snyder v. United States , 603 U.S. _ (2024), the U.S. As enacted in 1984, the statute at issue in the case, 18 U.S.C.

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Statute Court Rules Court Contract 52

JonathanTurley

MAY 25, 2021

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. 50-5-85(b). ” O.C.G.A.

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Constitutional Law Reporter

FEBRUARY 28, 2024

The post Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act appeared first on Constitutional Law Reporter. “Both provisions thus exempt government agencies from the Act’s otherwise-broad definition of ‘person’ for particular reasons in particular contexts,” he emphasized.

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Constitutional Law Reporter

JUNE 16, 2021

“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 Constitutional Law Reporter.

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Court Rules Court Constitutional Law Laws 52

The Crime Report

AUGUST 11, 2022

justice system and reduce mass incarceration, argues a Washington and Lee University law professor. Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D.

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Constitutional Law Reporter

FEBRUARY 22, 2021

The post Divided Court Rules U.S. Railroad Retirement Board Decision Subject to Judicial Review appeared first on Constitutional Law Reporter. 351 et seq.] Because the Board’s decision below did not determine any right or liability, the RRA does not provide for judicial review.”.

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JonathanTurley

MARCH 9, 2021

Thomas disagreed with Roberts on the historical treatment of nominal damages by figures like Justice Story and further noted: That this rule developed at common law is unsurprising in the light of the noneconomic rights that individuals had at that time. This is a great decision for the vindication of free speech.

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JonathanTurley

JULY 1, 2021

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. An array of groups opposed the state law from the ACLU to the NAACP Legal Defense and Educational Fund.

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Laws Court Education Court Rules 58

JonathanTurley

JUNE 12, 2022

The General Counsel found that the company was violating federal law by preventing staff from wearing BLM imagery on their aprons. That includes the Supreme Court’s unambiguous statement that “[w]hen an employee engages in speech that is part of the employee’s job duties, the employee’s words are really the words of the employer.”

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JonathanTurley

SEPTEMBER 9, 2021

I discuss this type of failure to protect public forums in my forthcoming law review article, Jonathan Turley, Harm and Hegemony: The Decline of Free Speech in the United States , 45 Harvard Journal of Law and Public Policy (2021). CUNY Law Dean Mary Lu Bilek showed how far this trend has gone. Lawrence Khan, a U.S.

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JURIST

APRIL 2, 2022

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.

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JonathanTurley

MARCH 24, 2022

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.

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Court Rules Court Contract Education 51

JonathanTurley

APRIL 1, 2025

Ironically, the United States Supreme Court made that plain in an important Wisconsin case argued just the day before the state election. The Catholic Charities case shows that the Wisconsin Supreme Court is divided along more than just a party line. P.S.: Whoever wins, the majority should adopt a new seal for the Court.

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Court Court Rules Constitutional Law Laws 46

JonathanTurley

NOVEMBER 23, 2022

New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in New York State Rifle & Pistol Association, Inc.

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Laws Court Entertainment Sports 58

JonathanTurley

MARCH 22, 2021

University of San Diego Law Professor Thomas Smith has been put under investigation for the use of an offensive term in a column criticizing the Chinese government and its role in the pandemic. A core value of the University of San Diego School of Law is that all members of the community must be treated with dignity and respect.

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JonathanTurley

OCTOBER 24, 2021

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.

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Court Rules Court Education Constitutional Law 39

JonathanTurley

JANUARY 17, 2024

At issue is the continued meaning (or even viability) of the Chevron doctrine, the 40-year-old doctrine granting deference to federal agencies in regulations carrying out federal laws. In 1984, the Supreme Court ruled in Chevron U.S.A. The court went even further in Arlington v. The cases are Loper Bright Enterprises v.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

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Litigating Litigation Government Legal 100

JonathanTurley

JULY 23, 2024

The United States Court of Appeals for the Eighth Circuit has handed down a major ruling in Worth v. The opinion by Judge Duane Benton upholds a lower court in striking down a Minnesota law limiting gun permits for persons 21 years old. They are clearly “people” under the Constitution. Jacobson

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SCOTUSBlog

MARCH 7, 2022

Proponents of the theory, known as the “independent state legislature” theory, believe that the Constitution gives state legislatures nearly unfettered authority to write the rules for federal elections, with little or no oversight from state courts. The North Carolina case. The North Carolina dispute, Moore v.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

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 Court ruled against SuperValu on the falsity element. The Supreme Court remanded the case back to the Seventh Circuit Court of Appeals for further proceedings.

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JonathanTurley

JUNE 23, 2022

City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Lower courts upheld the New York law, but there were ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” Two years after Heller, in McDonald v.

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Court Court Rules Litigating Litigation 59

JonathanTurley

MARCH 21, 2021

Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. These are extremely rare rulings and, in my view, the use the defense in this case was a mistake. seven times.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled 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.

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JonathanTurley

JANUARY 8, 2022

Such a law would threaten political speech and create a chilling effect for those who want to raise such concerns in contested elections. Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. The Supreme Court struck down the Stolen Valor Act. 6th anniversary.

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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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