LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Cause of Action Court Entertainment Constitutional Law 52

Constitutional Law Reporter

NOVEMBER 18, 2024

Supreme Court has returned to the bench for its November oral argument session. While none of the cases are considered “blockbusters,” the Court considered key issues related to employment, securities, healthcare, and white-collar criminal law. The Court will now weigh in to resolve the circuit split. .§

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Healthcare Court Criminal Law Constitutional Law 52

JonathanTurley

AUGUST 11, 2021

Last night, the Texas Supreme Court lifted the temporary restraining order. This is because no Texas court has reviewed how this provision is to be enforced. Cruz has demanded a correction from the Post in light of the Supreme Court decision. Indeed, it should have been corrected before the Texas Supreme Court decision.

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Constitutional Law Reporter

MARCH 21, 2024

Supreme Court held oral arguments in six cases to end its February sitting. A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. In the Florida case, the Eleventh Circuit Court of Appeals held that S.B. Below is a brief summary of the other cases before the Court: Cantero v.

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Court Criminal Law Constitutional Law Contract 52

JonathanTurley

NOVEMBER 23, 2022

The latest provision involves the possible criminal prosecution for possessing a gun on private property if owner has not approved such possession on the premises. It passed with the help of a special session in the resumption of this inexorable cycle and has already resulted in court losses. Bruen, 142 S. in Christian v.

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Laws Court Entertainment Sports 58

JonathanTurley

NOVEMBER 15, 2021

Any first-year law student knows that you cannot comment on the silence of a Mirandized defendant after an arrest under the Fifth Amendment – let alone ignore a court order. The judge correctly tore into the prosecutor. Biased media viewers. Even without the unforced errors by the prosecution, this was always a difficult case.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

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Statute Healthcare Court Constitutional Law 52

JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. Criminal laws are supposed to be interpreted narrowly.

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Statute Misdemeanor Criminal Law Felony 59

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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Tort Court Compensatory Damages Punitive Damages 39

JonathanTurley

JANUARY 8, 2022

Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. We have seen other Democratic leaders use the criminal process in similarly reckless fashions. Inslee’s proposals raise the same questions that we discussed in relation to “stolen valor” laws.

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LexForti

JUNE 3, 2021

Thirdly, no individual should be coerced or be compelled to produce evidence and disclose information that has the likelihood of being used against him/her during court proceedings. AN ELABORATION ON ‘EX POST FACTO’ LAW: ARTICLE 20(1) OF THE INDIAN CONSTITUTION. The landmark judgement of Kedar Nath v.

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Criminal Law Court Laws Constitutional Law 52

JonathanTurley

DECEMBER 9, 2023

The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. 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.

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Laws Court Lawyer Lawyers 56

JonathanTurley

JANUARY 13, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures. Obviously, truth remains a defense.

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Tort Court Court Rules Constitutional Law 59

JonathanTurley

JULY 23, 2023

It also searched the Social Security number of a state judge who alleged civil rights violations by a municipal chief of police, according to the opinion by the chief judge of the Foreign Intelligence Surveillance Court. It hides the true origins of evidence from courts and in some cases, Congress.

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Construction Court Constitutional Law Criminal Law 58

JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. Supreme Court weighs the right of schools to punish students for out-of-school speech in Mahanoy Area School District v. The Supreme Court accelerated that trend in its Morse decision.

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JonathanTurley

FEBRUARY 7, 2023

However, courts have steadily increased the scope of these orders despite the curtailment of First Amendment rights. 3 to restrict comments from prosecutors, the defense, law enforcement and other officials. Courts have become untethered from the narrow parameters laid down by the Supreme Court in prior cases.

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JonathanTurley

JUNE 9, 2023

Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future. Moreover, it is not clear how transporting migrants who entered the country illegally to another state is a violation of law. The reason is that these claims are made for cable news, not courts of law.

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Laws Misdemeanor Attorney Felony 49

JonathanTurley

MARCH 6, 2023

City of Fort Smith , the court heard a similar case. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. In 1971, the Court ruled in Cohen v.

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JonathanTurley

DECEMBER 8, 2020

Michael Luttig was a member of the United States Court of Appeals for the Fourth Circuit (1991-2006) and was assistant attorney general for the Office of Legal Counsel at the Justice Department (1990-1991). I recognize that this becomes circular on both sides but it does not significantly favor the constitutional interpretation.

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Laws Legal Legal Attorney 44

JonathanTurley

MARCH 13, 2021

Courts have upheld the right of citizens to insult police, which is an unfortunate aspect of policing. Thus, in 2015, the Washington Supreme Court ruled that police could not arrest a 17-year-old who called them “pigs.” Officers are trained to resist impulses that have “a direct tendency to provoke violent response” among citizens.

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Court Rules Court Laws Constitutional Law 43

JonathanTurley

MARCH 10, 2022

The case came before the court after the district court granted summary judgment, on qualified immunity grounds, in favor of Las Vegas Metropolitan Police Department Detective Christopher Tucker. Bartlett (2019) [the relevant Supreme Court precedent -EV]. Notably, in Ballentine v. Tucker was sued under 42 U.S.C. ” …. [T]he

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Statute Court Laws Constitutional Law 8

JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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JURIST

NOVEMBER 3, 2023

The Supreme Court of Canada ruled 6-1 on Friday that the mandatory minimum sentence for child luring is unconstitutional as it violates the right against cruel and unusual punishment under Section 12 of the Canadian Charter of Rights and Freedom. On appeal, the Crown asked the Supreme Court to find it constitutional.

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Court Rules Court Constitutional Law Criminal Law 260

JonathanTurley

MARCH 20, 2021

In a real first amendment case, a court would have little patience with such a standard as a limitation on free speech. The Supreme Court has long opposed such vague terms as the basis for sanctions not only as a free speech matter but a matter of due process. So the question is whether it is disparaging. DeBartolo Corp.

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Laws Law School Statute Construction 40

JonathanTurley

JUNE 7, 2022

This morning I will be testifying before the Senate Judiciary Committee on the expansion of domestic terrorism investigations. The hearing is titled “ Examining the ‘Metastasizing’ Domestic Terrorism Threat After the Buffalo Attack ” and will begin at 10 am in the Hart Senate Office Building (Room 216).

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SCOTUSBlog

JUNE 26, 2023

Share On Friday the Supreme Court issued its decision in United States v. The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech.

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Immigration Court Statute Criminal Law 100

JonathanTurley

DECEMBER 1, 2024

As if to prove her point, Faeser allegedly unleashed her office on Bendels and threatened him with a criminal prosecution for lampooning her views. The court has already imposed a fine, but according to some reports, jail time is possible. If true, this would seem a major story in using criminal laws to police parodies.

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SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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Constitutional Law Reporter

JUNE 3, 2022

Supreme Court. Jackson will replace Justice Stephen Breyer who is set to retire when the Court’s term ends this summer. While Jackson’s confirmation will not shift the balance of the Court, it will make the Court more diverse and more reflective of the country. Jackson is also the Court’s sixth female justice.

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Law School Court Criminal Law Constitutional Law 52

JonathanTurley

FEBRUARY 5, 2024

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law. They have often found the courts closed to them.

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JonathanTurley

MARCH 28, 2024

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. The state can no seek a review with the Supreme Court itself.

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Immigration Government Laws Court 62

JonathanTurley

JULY 24, 2021

Courts look to two elements in entrapment cases. 540 (1992), the Court ruled that a Nebraska man convicting of receiving child pornography through the mail was entrapped. convincing him that he had or should have the right to engage in the very behavior proscribed by law.” In Jacobson v. United States , 503 U.S.

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Government Court Laws Court Rules 60

JonathanTurley

JUNE 14, 2022

There is an interesting case out of Ohio where the state Supreme Court has ruled that Lake County Common Pleas Court Judge Eugene Lucci erred when he gave Manson Bryant, 35, an added six years after Bryant called him “racist as f**k.” Sentenced in March 2019, Bryant was respectful and remorseful before the court.

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Court Laws Attorney Constitutional Law 46

The Crime Report

MARCH 18, 2022

Guha Krishnamurthi is an Associate Professor of Law at the University of Oklahoma College of Law. His research interests are in criminal law, criminal procedure, constitutional law, and jurisprudence. Prior to being a professor, Krishnamurthi clerked for the California Supreme Court.

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Sports Laws Law School Legal 137

JonathanTurley

APRIL 29, 2023

The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court. of owners utilize these rifles for self-defense outside of their home and 61.9% utilize them for self-defense at home.

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Court Sports Drafting Laws 57

JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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