Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.

Cause of Action 52

Cause of Action Court Tort Immigration 52

Constitutional Law Reporter

MAY 13, 2022

Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. Supreme Court’s Decision. By a vote of 6-3, the Supreme Court reversed. However, the courts of appeal disagreed about what constitutes a favorable termination.

Tort 52

Tort Court Constitutional Law Laws 52

JonathanTurley

MARCH 21, 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.

Tort 87

Tort Litigation Litigating Court 87

JonathanTurley

DECEMBER 29, 2022

As one court noted, “‘rhetorical hyperbole,’ ‘vigorous epithet[s],’ ‘lusty and imaginative expressions[s] of. contempt,’ and language used ‘in a loose, figurative sense’ have all been accorded constitutional protection.” That was the case with the litigation over the false claims made against former Rep. Guillard.

Tort 41

Tort Litigation Litigating Lawyers 41

Constitutional Law Reporter

JANUARY 26, 2023

Supreme Court returned to the bench this week to begin their February session. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. The justices heard oral arguments in four cases, two of which involved labor disputes.

Attorney 52

Attorney Tort Legal Legal 52

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.

Tort 39

Tort Court Compensatory Damages Punitive Damages 39

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. 179/2019 ).

Litigating 100

Litigating Litigation Government Legal 100

Conflict of Laws

JANUARY 25, 2021

Programme: 29 January 2021 @ 4-6 PM (CET): Limiting European Integration Through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law. 9 April 2021 @ 4-6 PM (CET): Law Governing Arbitration Agreements in a Recent Judgment of the UK Supreme Court.

Laws 40

Laws Tort Constitutional Law Government 40

Conflict of Laws

MAY 9, 2023

In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes. It is supposed to take place on May 23, 2023.

Court 40

Court Constitutional Law Laws Legal 40

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.

Tort 59

Tort Court Court Rules Constitutional Law 59

JonathanTurley

APRIL 23, 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.

Tort 58

Tort Education Laws Court Rules 58

JonathanTurley

NOVEMBER 20, 2023

I also teach critical race theory, alongside other legal theories to my first-year torts students. Those efforts received a boost recently from the United States Court of Appeals for the Fourth Circuit, which rejected the free speech claims of North Carolina State University Professor Stephen Porter. The decision in Porter v.

Law School 65

Law School Education Tort Laws 65

JonathanTurley

JULY 12, 2021

The highlight of the package, though, is a new law allowing people harmed by firearms to sue the manufacturers. Not only does that law face serious constitutional challenges but similar lawsuits brought on similar grounds have failed miserably in the courts. Either way, it is not the law being pitched to the public.

Manufacturing 55

Manufacturing Laws Litigation Litigating 55

JonathanTurley

DECEMBER 6, 2023

The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. What constitutes racist imagery is a matter of public debate and Phillips can argue that this is obviously just his opinion. In 1967, the Supreme Court handed down Time, Inc. In New York Times v.

Punitive Damages 55

Punitive Damages Court Lawyers Lawyer 55

JonathanTurley

NOVEMBER 18, 2022

In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. In that case, the Supreme Court ruled in favor of public high school teacher Marvin Pickering, who wrote a letter to the local newspaper criticizing a school board’s allocation of funding for athletic programs.

Punitive Damages 50

Punitive Damages Compensatory Damages Education Sports 50

JonathanTurley

APRIL 14, 2022

Sullivan, the Supreme Court held that the first amendment requires breathing space for free speech in criticizing public officials. The irony is that the higher standard for public figures was imposed by the Supreme Court because celebrities are viewed as inherently powerful figures in our society. In New York Times v.

Litigating 43

Litigating Litigation Legal Legal 43

JonathanTurley

DECEMBER 1, 2024

The court has already imposed a fine, but according to some reports, jail time is possible. 46 (1988), the Supreme Court reversed a lower court’s judgment for intentional infliction of emotional distress against Hustler for a parody of Jerry Falwell, the founder of the Moral Majority and Liberty University in Lynchburg, Virginia.

Government 65

Government Criminal Law Laws Court 65

JonathanTurley

SEPTEMBER 22, 2022

Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. This is a civil action that, even if it can survive threshold challenges, will be in the court system for a long time in seeking to establish these claims.

Tort 56

Tort Immigration Litigation Litigating 56

JonathanTurley

NOVEMBER 28, 2022

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.

Court 51

Court Tort Felony Litigation 51

JonathanTurley

OCTOBER 19, 2021

We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule.

Tort 53

Tort Misdemeanor Legal Legal 53

Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. This past week, the Court heard oral arguments in four cases. Below is a brief summary of the issues before the Court: Gallardo v.

Immigration 52

Immigration Statute Tort Healthcare 52

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.

Tort 57

Tort Depositions Laws Statute 57

SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

Contract 101

Contract Government Statute Construction 101

JonathanTurley

FEBRUARY 19, 2022

The court’s curious handling of the case backfired. That issue would have to be decided by the Supreme Court however given the prior ruling in New York Times v. Rakoff was previously reversed by the federal court of appeals for dismissing the action. Here is the column: In a trial in New York, federal judge Jed S.

Freelance 43

Freelance Court Legal Legal 43

JonathanTurley

MARCH 7, 2021

Meghan just won a case against Associated Newspapers and the ruling by London High Court Judge Mark Warby should be a concern for anyone who values the freedom of the press. Moreover, our tort for the public disclosure of embarrassing private facts has an exclusion for “newsworthy” stories. F-R Publishing Corp.,

Court Rules 36

Court Rules Drafting Court Tort 36

JonathanTurley

SEPTEMBER 22, 2024

1952), the court considered a “Ladies Home Journal” article that was highly critical of couples who claimed to be cases of “love at first sight.” In 1967, the Supreme Court handed down Time, Inc. This line is equally difficult under the tort’s standard for the commercial appropriation of use or likeness. Curtis Publ’g Co.,

Laws 55

Laws Tort Real Estate Statute 55

JonathanTurley

OCTOBER 31, 2022

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. The video was made to support Proposition 1, a pro-choice amendment to the California State Constitution. Courts will often dismiss one claim in favor of the other before trial).

Tort 47

Tort Court Statute Constitutional Law 47

JonathanTurley

MARCH 2, 2022

In its earlier ruling against the Times, the court put the theory of the case succinctly in its leading line: “Gov. Some jurors learned that Rakoff had already determined that, in his view, Palin did not meet the standard set by the Supreme Court for public figures. The editorial was grossly unfair.

Court 8

Court Tort Constitutional Law Laws 8

JonathanTurley

DECEMBER 19, 2021

Not only is the law likely to be a large miss, it will likely deliver another blow to gun control efforts by adding precedent protecting Second Amendment rights. City of Chicago , in which the Court declared that that right is incorporated against state and local government. In 2010, Chicago brought us McDonald v.

Manufacturing 35

Manufacturing Laws Litigation Litigating 35

JonathanTurley

FEBRUARY 17, 2022

In its earlier ruling against the Times, the court put the theory of the case succinctly in its leading line: “Gov. Some jurors learned that Rakoff had already determined that, in his view, Palin did not meet the standard set by the Supreme Court for public figures. The editorial was grossly unfair.

Litigation 54

Litigation Litigating Court Lawyers 54

JonathanTurley

APRIL 28, 2021

Indeed, he would likely be protected from tort liability. On the rule itself, the Court wrote: Lastly, it is urged that Bigan failed to take the necessary steps to rescue Yania from the water. Cf: Restatement, Torts, § 322. The language of this Court in Brown v. Bigan , 397 Pa. 316, 155 A.2d French, 104 Pa.

Tort 39

Tort Legal Legal Court 39

JonathanTurley

MAY 17, 2021

Markle also recently prevailed in a highly damaging court victory against the press. Under our tort for the public disclosure of embarrassing private facts has an exclusion for “newsworthy” stories. In the ruling by London High Court Judge Mark Warby the court dismissed such concerns in finding for Markle.

Tort 58

Tort Court Government Laws 58

JonathanTurley

NOVEMBER 28, 2024

at least in court. Peanut even appeared in my torts class this term, posthumously, of course. Nora Constance Marino told Fox “[i]t appears as though there were multiple constitutional law violations here — or at the very least, there are many questions as to why the government chose the actions that they chose.

Tort 56

Tort Government Constitutional Law Statute 56

JonathanTurley

MAY 6, 2021

Below is my column in The Hill on the Supreme Court’s rejection of the case of a former West Point cadet who was barred from suing over the handling of her alleged rape. The case would have allowed a reconsideration of the Feres Doctrine, one of the most damaging and pernicious doctrines ever created by the Supreme Court.

Court 47

Court Tort Litigation Litigating 47

JonathanTurley

AUGUST 25, 2021

Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. This is such a case in my view. In 2002, the U.S. In Ashcroft v. In New York Times v.

Personal Injury 55

Personal Injury Tort Court Rules Statute 55

JonathanTurley

SEPTEMBER 16, 2023

There are a couple torts that could be raises but neither would be compelling in this circumstance. The second tort is the inclusion upon seclusion. Ironically, I am far more concerned about Gibson’s view of criminal and constitutional law than I am her alleged online fetish. However, this was not a private fact.

Tort 50

Tort Misdemeanor Criminal Law Constitutional Law 50

JonathanTurley

NOVEMBER 22, 2022

It would also not pass constitutional muster, in my view. The most obvious form of civil liability would be some type of tort action. With 382 saleswomen and models, the court found that the group was too large. However, with the 25 salesmen, the court found that an action could be maintained. In Brandenburg v.

Tort 57

Tort Court Rules Sports Court 57