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

Constitutional Law 105

Constitutional Law Litigating Litigation Laws 105

Constitutional Law Reporter

FEBRUARY 21, 2025

At the outset of the litigation, the Parents moved for a preliminary injunction to require the Board to provide such notice and an opt-out option. The post SCOTUS Adds LGBTQ Book Case to Docket appeared first on Constitutional Law Reporter. After the district court denied their motion, the Parents appealed.

Court 52

Court Constitutional Law Education Litigating 52

JURIST

JANUARY 18, 2021

It is typically conducted by the Bar Council twice a year to test the candidates’ knowledge on various substantive and procedural la w such as constitutional law, administrative law, the Indian Penal Code, criminal and civil procedure, evidence, public interest litigation, and professional ethics.

Bar Exam 118

Bar Exam Court Administrative Law Constitutional Law 118

ClimateChange-ClimateLaw

APRIL 26, 2024

Switzerland is a striking example of the Paris effect: the influence of the non-binding collective goals of the Paris Agreement (PA) on the interpretation of domestic constitutional law or international human rights law in climate litigation. 8 European Convention on Human Rights (ECHR).

Litigation 125

Litigation Litigating Diligence Court 125

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. Depp earlier tried to sued a newspaper in England where the libel laws are far more favorable to those claiming defamation. Malice is one thing that this briefly married couple seems to have an abundance of.

Litigating 43

Litigating Litigation Legal Legal 43

Blackstone Career Institute

DECEMBER 26, 2024

With a curriculum that covers general law terms, protocols, and ethics, the topics include an understanding of the process of criminal procedure, how partnerships and corporations are created, the essential elements of constitutional law, a knowledge base of law definitions, job search techniques, and ethics related to the paralegal industry.

Education 52

Education Paralegal Certificate Paralegals Paralegal 52

Constitutional Law Reporter

DECEMBER 2, 2024

Facts of the Case The cases spring from more than two years of litigation, in which two separate groups of voters have challenged Louisianas congressional maps. In the first round of redistricting litigation, Robinson, et al v. The post Supreme Court Adds Gerrymandering Case to Docket appeared first on Constitutional Law Reporter.

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Court Litigating Litigation Court Decisions 52

SCOTUSBlog

MARCH 7, 2022

Alito described the independent-state-legislature theory as “an exceptionally important and recurring question of constitutional law,” and he suggested that the justices “will have to resolve this question sooner or later, and the sooner we do so, the better.”

Calendaring 131

Calendaring Court Litigating Litigation 131

Constitutional Law Reporter

JUNE 3, 2022

Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In response, Morgan argued that Sundance had waived its right to arbitrate by litigating for so long. But a court may not devise novel rules to favor arbitration over litigation.”. “If

Court 52

Court Contract Litigating Litigation 52

Constitutional Law Reporter

APRIL 4, 2022

North Carolina State Conference of the NAACP : The case involves a legal challenge to North Carolina’s voter-identification law, specifically whether two Republican members of the North Carolina legislature should be able to intervene in the suit. Sundance, Inc.: 1782 , which allow a U.S. Please check back for updates.

Litigating 52

Litigating Litigation Depositions Constitutional Law 52

Constitutional Law Reporter

OCTOBER 27, 2022

While the CWA defines the term “navigable waters” as “waters of the United States, including the territorial seas,” the precise scope of “waters of the United States” (WOTUS) has been subject to frequent litigation. The post US Supreme Court to Revisit Clean Water Act appeared first on Constitutional Law Reporter.

Court 52

Court Litigating Litigation Constitutional Law 52

Constitutional Law Reporter

FEBRUARY 23, 2021

Accordingly, the Court interpreted the FSIA as it does other statutes affecting international relations: to avoid, where possible, “producing friction in our relations with [other] nations and leading some to reciprocate by granting their courts permission to embroil the United States in expensive and difficult litigation.”

Court Rules 89

Court Rules Court Government Laws 89

Paralegal Bootcamp

DECEMBER 9, 2022

Ann spent 20 years working as a paralegal manager and a litigation paralegal before opening the Paralegal Boot Camp in 2010. This means that almost anyone can call themselves a paralegal as there is no set requirement to earn that title. Ann Pearson is the Founder of the Paralegal Boot Camp, and host of the Paralegals on Fire!

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Paralegals Paralegal Education Legal Assistant 246

SCOTUSBlog

DECEMBER 6, 2022

Another concern was that the court might as a matter of constitutional law lack power to consider the case – because federal courts under the Constitution generally hold themselves powerless to consider cases where it is clear they can issue no effective relief. Her explanation prompted Gorsuch to admit: “That’s helpful.”.

Court 94

Court Statute Litigating Litigation 94

JonathanTurley

JULY 12, 2021

Even if the law passes constitutional review, there remains its ambiguous standard. For decades, states and cities have tried to curtail gun sales through nuisance litigation; they have uniformly failed because the effort is transparently an effort to achieve gun control through litigation.

Manufacturing 56

Manufacturing Laws Litigating Litigation 56

Constitutional Law Reporter

OCTOBER 9, 2023

In 1992, Section 2 litigation challenging the State of Alabama’s then-existing districting map resulted in the State’s first majority-black district and, subsequently, the State’s first black Representative since 1877. Alabama’s congressional map has remained remarkably similar since that litigation.

Litigating 52

Litigating Litigation Court Constitutional Law 52

JonathanTurley

MARCH 21, 2021

The Second Circuit affirmed the dismissal of the case because it “consider[ed] as a matter of law that appellant is, for purposes of this case, libel-proof.”. There is a tendency in litigation to throw everything at an opposing party and let the court sort it out. It may be cathartic but it can be costly.

Tort 87

Tort Litigating Litigation Court 87

Constitutional Law Reporter

JUNE 5, 2024

A claim-processing rule is a mandatory deadline that regulates the timing of motions or claims before the court; however, unlike jurisdictional deadlines, is subject to waiver and forfeiture by the litigant. b)(2)(B) governs the conduct of the district court, not the litigants. Justice Sotomayor also emphasized that Rule 32.2(b)(2)(B)

Court 52

Court Government Litigating Litigation 52

SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. June, 2022).

Law Office 145

Law Office Laws Court Legal 145

Conflict of Laws

JUNE 10, 2024

The decision invites a more general reflection, beyond German constitutional law, on the questions of method and legal policy that the apprehension of these marriages gives rise to in private international law. The issue also contains two case notes related to major transnational litigations on corporate responsibility.

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Laws Law School Constitutional Law Statute 72

Constitutional Law Reporter

OCTOBER 18, 2023

In the Texas litigation, a divided panel of the Fifth Circuit Court of Appeals reversed a preliminary injunction. The post Supreme Court to Consider Constitutionality of State Social Media Laws appeared first on Constitutional Law Reporter. 7072 was motivated by viewpoint discrimination. Please check back for updates.

Laws 52

Laws Court Constitutional Law Court Decisions 52

Constitutional Law Reporter

OCTOBER 21, 2024

Environmental Protection Agency , which involves enforcement of the Clean Water Act (CWA), a frequent source of Supreme Court litigation. The post Supreme Court Hears Oral Arguments in RICO, Immigration, and Clean Water Act Cases appeared first on Constitutional Law Reporter.

Immigration 52

Immigration Personal Injury Court Constitutional Law 52

Constitutional Law Reporter

MAY 14, 2024

All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The post SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers appeared first on Constitutional Law Reporter.

Contract 52

Contract Court Construction Constitutional Law 52

JonathanTurley

JULY 16, 2023

There is ongoing litigation of the protection in an employment setting for civil liability or disciplinary action). Yet, the most serious concern is the inclination of this generation to use criminal laws to police such questions.

Criminal Law 59

Criminal Law Litigating Litigation Lawyers 59

Constitutional Law Reporter

APRIL 26, 2021

Fourth, the Court noted that even if the government withdraws or modifies a COVID restriction in the course of litigation, that does not necessarily moot the case. The post Divided Court Strikes Down COVID-19 Restrictions on In-Home Religious Gatherings appeared first on Constitutional Law Reporter.

Court 59

Court Government Litigating Litigation 59

Constitutional Law Reporter

FEBRUARY 16, 2023

In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action. Justice Amy Coney Barrett wrote on behalf of the Court.

Statute 52

Statute Diligence Court Constitutional Law 52

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

Constitutional Law Reporter

AUGUST 6, 2024

Finally, Justice Gorsuch discussed the problems resulting from the so-called “ Martin experiment,” including legal uncertainty and litigation. The post Supreme Court Upholds Homeless Ordinance Imposing Criminal Penalties appeared first on Constitutional Law Reporter. Texas , 392 U.S.

Court 52

Court Government Constitutional Law Litigating 52

Constitutional Law Reporter

MAY 1, 2023

In reaching its decision, the Court noted the important distinction between “the classes of cases a court may entertain (subject-matter jurisdiction)” and “nonjurisdictional claim-processing rules, which seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times.”

Statute 52

Statute Government Entertainment Constitutional Law 52

Constitutional Law Reporter

MARCH 10, 2022

Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion. The post SCOTUS Kicks Off February Sitting With Oral Arguments in Three Cases appeared first on Constitutional Law Reporter. New York , No. 20- 449 (U.S.

Immigration 52

Immigration Drafting Constitutional Law Court 52

Constitutional Law Reporter

JUNE 4, 2021

“As such, it is sometimes appropriate for courts to entertain constitutional challenges to statutes or other agency-wide policies even when those challenges were not raised in ad- ministrative proceedings.”. It makes little sense to require litigants to present claims to adjudicators who are powerless to grant the relief requested.

Statute 52

Statute Administrative Law Entertainment Court 52

SCOTUSBlog

OCTOBER 10, 2022

Brian Frazelle of the Constitutional Accountability Center, which filed a brief on behalf of constitutional law professors , said that the challengers are seeking a “dramatic expansion” of the law that would call many other kinds of laws into question.

Court 103

Court Laws Manufacturing Constitutional Law 103

JonathanTurley

JUNE 23, 2022

Many of us were predicting a major loss for over a year and New York, as usual, litigated a bad case and made more bad law for gun control advocates. Kathy Hochul immediately declared “Shocking, absolutely shocking that they have taken away our right to have reasonable restrictions.” Hochul added “This is New York.

Court 58

Court Court Rules Litigating Litigation 58

JonathanTurley

FEBRUARY 14, 2023

The Justice Department has maintained this broader definition in prior litigation declared in 2021 that Pence was shielded by the “speech or debate” clause in a civil lawsuit. It is not clear why Smith would invite such litigation, which could take years to hash out in the courts.

Felony 46

Felony Litigating Litigation Court 46

Constitutional Law Reporter

MARCH 5, 2024

The States have asked the justices to stay implementation while litigation continues in the lower courts. The post Supreme Court Hears Challenge to EPA’s Good Neighbor Rule appeared first on Constitutional Law Reporter. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

Court 52

Court Statute Constitutional Law Contract 52

JonathanTurley

APRIL 1, 2023

Judge Parker was correct to enjoin the law pending further review. It is likely that the law will be declared unconstitutional unless the legislature seeks amend the law and declare the litigation moot. Here is the order: 03-31-2023-Order-Granting-TRO

Entertainment 50

Entertainment Laws Statute Litigating 50

JonathanTurley

MAY 31, 2021

President and Fellows of Harvard College , the litigants cite a study finding that Asian Americans needed SAT scores that were about 140 points higher than white students; the gap with admitted African American and Hispanic students is even greater. In Students for Fair Admissions v.

Education 59

Education Litigating Litigation Court 59