Constitutional Law Reporter

APRIL 14, 2025

The Court went on to find that background principles of corporate law support its holding. The post Supreme Court Rules Trademark Infringement Damages Include Only Named Defendants Profits appeared first on Constitutional Law Reporter. The justices left it to the lower courts to address any new theories.

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JURIST

APRIL 25, 2021

Often, the requirement is mandated by statute. In jurisdictions where no statute has been enacted, the court may impose issue exhaustion if the hearing is sufficiently adversarial, as opposed to inquisitorial. This gives the agency an opportunity to respond and address the issue.

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JURIST

DECEMBER 4, 2022

Smith maintains that the purpose of the Act is not to stealthily deliver unconstitutional powers to the Albertan government, but rather to allow the provinces to challenge unconstitutional laws implemented by the Federal government.

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SCOTUSBlog

NOVEMBER 27, 2023

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

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Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

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SCOTUSBlog

AUGUST 29, 2023

The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task — interpreting federal statutes — remains markedly underrepresented. The court’s securities law docket ballooned during Powell’s tenure – from approximately 1.5

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Blackstone Career Institute

JANUARY 24, 2025

Discuss constitutional law elements and effective legal research methods. Identify and explain legal procedures and terms related to civil actions, criminal procedure, wills, trusts, trustees, real property, and partnerships/corporations. Identify effective job-search techniques for legal assistants/paralegals.

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), 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 Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. Meanwhile, Section 5314 provides that a violation occurs “when an individual fails to file a report consistent with the statute’s commands.” As Justice Gorsuch noted in the majority opinion, the statute lacks any account-specific language.

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SCOTUSBlog

DECEMBER 6, 2022

One concern was that the statute states that the court should not, and might not even have the power to, pull such an asset back into the estate. When Brunstad argued that the statue was clear enough, Gorsuch interjected that “we normally require magic words like ‘no jurisdiction,’” something this statute lacks.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court’s Decision The Supreme Court reversed by a vote of 7-2, holding that because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. Justice Amy Coney Barrett wrote on behalf of the majority.

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SCOTUSBlog

APRIL 8, 2022

Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, dissented , calling the independent-state-legislature theory “an exceptionally important and recurring question of constitutional law” and indicating that “further review of the judgment below may be warranted once a petition for a writ of certiorari is filed.”

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Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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Constitutional Law Reporter

JUNE 10, 2024

The Supreme Court went on to find that the CFPB’s funding statute contains the requisite features of a congressional appropriation. Supreme Court Upholds CFPB Funding Scheme appeared first on Constitutional Law Reporter. The post U.S.

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Constitutional Law Reporter

FEBRUARY 23, 2021

108, 115 (2013), Roberts emphasized that the Court has long recognized that “United States law governs domestically but does not rule the world.” The post US Supreme Court Rules Germany Entitled to State Immunity in the Nazi Art Case appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 18, 2023

The Court failed to reach other issues raised by the parties, such as whether IDEA’s exhaustion requirement is susceptible to a judge-made futility exception and whether the compensatory damages Perez seeks in his ADA suit are in fact available under that statute. Perez, but for a great many children with disabilities and their parents.”

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Constitutional Law Reporter

JUNE 17, 2024

The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. In reaching its decision, the majority noted that the Copyright Act’s statute of limitations establishes a three-year period for filing suit, which begins to run when a claim accrues. Metro-Goldwyn-Mayer , Inc. , Martinelli.

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Constitutional Law Reporter

AUGUST 22, 2023

As Justice Alito noted in his opinion, the presumption against extraterritoriality is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.”

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Constitutional Law Reporter

JUNE 4, 2021

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.

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Constitutional Law Reporter

DECEMBER 16, 2022

The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. He was subsequently charged with healthcare fraud, as well as aggravated identity theft under 18 U.S.C. Oral arguments have not yet been scheduled, but a decision is expected before the term ends in June 2023.

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Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Please check back for updates.

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Constitutional Law Reporter

JUNE 29, 2021

Van Buren’s account of ‘so’ best aligns with the term’s plain meaning as a term of reference, as further reflected by other federal statutes that use ‘so’ the same way,” Justice Barrett wrote. The post SCOTUS Adopts Narrow Interpretation of Computer Fraud Act appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

FEBRUARY 16, 2023

89 (1990), while the Court presumes that federal statutes of limitations are subject to equitable tolling, this presumption may be rebutted if equitable tolling is inconsistent with the statutory scheme. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

FEBRUARY 14, 2025

Sections 401 and 403 of the statute apply to offenses committed after the FSA’s enactment on December 21, 2018, and to “any offense that was committed before the date of enactmentif a sentence for the offense has not been imposed as of such date of enactment.” Thompson v. Please check back for updates.

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Constitutional Law Reporter

MARCH 5, 2024

2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

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Constitutional Law Reporter

DECEMBER 6, 2023

Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. While the Fifth Circuit initially upheld the statute, it reversed course following the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen , 597 U.S. _ (2022).

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JonathanTurley

NOVEMBER 14, 2021

However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

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Constitutional Law Reporter

FEBRUARY 8, 2024

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.

Statute 52

Statute Cause of Action Entertainment Court 52

Constitutional Law Reporter

MAY 1, 2023

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 Constitutional Law Reporter. In Wilkins v.

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Constitutional Law Reporter

MARCH 20, 2025

In support of its decision, the Court cited the FSIAs structure, history, and purpose of the statute, emphasizing that Court interprets the FSIA to avoid producing friction in international relations or inviting reciprocal actions against the United States in foreign courts. Simon appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

NOVEMBER 5, 2024

A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing]. The post SCOTUS Clarifies Standard for Retaliatory Arrest Claims appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 3, 2022

Section 6 of the FAA provides that any application under the statute—including an application to stay litigation or compel arbitration—’shall be made and heard in the manner provided by law for the making and hearing of motions’ (unless the statute says otherwise),” Justice Kagan wrote. “A

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Constitutional Law Reporter

APRIL 11, 2023

“Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.”

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Constitutional Law Reporter

DECEMBER 4, 2023

922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. While the government cited colonial and early state laws disarming categories of individuals legislatures “considered to be dangerous,” the Fifth Circuit distinguished those laws from the statute at issue.

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SCOTUSBlog

JUNE 27, 2022

But the Texas statute, and the rationales set forth in English and Duke , are outliers.” Graphic courtesy of Hastings Constitutional Law Quarterly, Saul Cornell, “History and Tradition or Fantasy and Fiction: Which Version of the Past Will the Supreme Court Choose in NYSRPA v. June, 2022).

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Conflict of Laws

JUNE 10, 2024

The first article authored by Dr. El Hadji Samba Ndiaye (Université de Cheikh Anta Diop de Dakar) is dedicated to La double nationalité des Africains subsahariens et les conflits de lois en matière de statut personnel (Dual nationality of sub-Saharan Africans and conflicts of law in matters of personal status).

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