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The vagueness problems could be reduced by limiting the scope to adult entertainment settings. Section 2 of the Statute makes it “an offense for a person to perform adult cabaret entertainment,” either “(A) On public property; or (B) in a location where the adult cabaret entertainment could be viewed by a person who is not an adult.”
In her opinion, Justice Sotomayor explained that administrative review schemes commonly require parties to give the agency an opportunity to address an issue before seeking judicial review of that question, noting that such administrative issue-exhaustion requirements are typically creatures of statute or regulation. Citing Sims v.
The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.
Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. The post SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule appeared first on ConstitutionalLaw Reporter. In Wilkins v.
In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.
The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” Dirty World Entertainment. 47 U.S.C. § A gossip blog, The Dirty, appealed the decision of U.S.
The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.
8 violates the Constitution. The Fifth Circuit decided to entertain a second interlocutory appeal filed by Mr. Dickson given the overlap in issues between his appeal and the appeal filed by the public-official defendants. The petitioners, which include several Texas abortion providers, sought pre-enforcement review of S.B.
However, he also notes that the prior language of the statute is problematic in 2023 in a way that was not evident in 1987: First, while including “male or female impersonators,” in a list with “topless dancers, go-go dancers, exotic dancers, strippers. .” Judge Parker identifies a number of unconstitutionally vague terms.
There is an interesting free speech ruling in Texas in favor of the adult entertainment site, Pornhub. District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. Senior U.S. District Judge David A.
The show would likely still be entertaining, but the context and the conversation would change. It’s a completely different show. Zeba Blay, No, The ‘Hamilton’ Casting Call for ‘Non-White’ Actors Is Not Reverse Racism, HuffPost (Mar. 31, 2016, 12:30 PM), [link]. 31, 2016, 12:30 PM), [link]. He was joined by U.S. Circuit Judge Carlos T.
Barnett is the Patrick Hotung professor of constitutionallaw at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. Bruen can be analyzed at the level of policy or at the level of constitutional method. New York State Rifle & Pistol Association v.
“The governments theory inverts historical analysis by relying principally on mid-to-late-19th century statutes (most enacted after Reconstruction) that restricted firearm ownership based on age. Roberts has previously signaled his willingness to entertain reasonable limits.
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