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Causing Physical Harm Always Involves “Use of Force”

Constitutional Law Reporter

Supreme Court held that the knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the use of physical force against another person within the meaning of18 U.S.C. To determine whether an offense falls within 924(c)(3)(A)s elements clause, the Supreme Court applies the categorical approach.

Statute 52
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Will You Survive? How Trump’s Upheaval is Reshaping Your Legal Career”

The Estrin Report

Judicial Appointments A significant reshaping of the judiciary, particularly to the Supreme Court and federal appellate courts, has reshaped the judiciary. These appointments are already influencing rulings on key areas, including administrative law, corporate litigation, and constitutional law. Oyer declined.

Legal 182
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Democratic Governor Calls For Criminalizing “Lying” About Election Results

JonathanTurley

.” He would make such comments a gross misdemeanor subject to incarceration. Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. This country has a long history of election fraud from Tammany Hall in New York to the Daley machine in Chicago. In Lamont v.

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No, The Bowman Controversy Does Not Warrant Expulsion

JonathanTurley

The New York Democrat was in front of the door without staffers and allegedly confused by the signs on it… So, he pulled a clearly marked fire alarm because he thought that that is how you open a door. this would more likely constitute a criminal misdemeanor. It could be a crime. Various Republicans want to see Rep.

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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

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.

Laws 56
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Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. French, 104 Pa.

Tort 58
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The Return of Anthony Comstock: The Abortion Pill Case Raises a Law With A Dark and Troubling Past

JonathanTurley

The controversial law came up in oral arguments over the access to the abortion pill in the Supreme Court. The relevance of the Comstock Act to the issue of the availability of mifepristone is highly contested and unlikely to draw a majority on the Court. The repeal of the Comstock Act is long overdue.

Laws 43