Patently O

AUGUST 11, 2022

Note that top ranked law schools rarely advertise for particular subject matter areas. The new hire then starts work the following summer.

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Laws Law School Constitutional Law Criminal Law 66

Constitutional Law Reporter

MARCH 10, 2022

Texas : The case involves gaming activities on Native American land in Texas. Texas , 36 F.3d 1994) (“Ysleta I”) granted Texas regulatory jurisdiction over non-prohibited gaming activities on the Tribes’ lands. Ysleta del Sur Pueblo v. 3d 1325 (5th Cir. Cabazon Band of Mission Indians , 480 U.S.

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Constitutional Law Reporter

OCTOBER 18, 2023

The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Meanwhile, the Texas law, H.B. The court held that S.B.

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Constitutional Law Reporter

MAY 3, 2022

Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. A Texas jury sentenced John Ramirez to death after he brutally murdered Pablo Castro in 2004. In Ramirez v. Collier , 595 U. S. _ (2022), the U.S. Facts of the Case.

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Constitutional Law Reporter

JUNE 1, 2023

Facts of the Case A Texas jury found petitioner Rodney Reed guilty of the 1996 murder of Stacey Stites. The Texas Court of Criminal Appeals affirmed Reed’s conviction and death sentence. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law.

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Constitutional Law Reporter

MARCH 21, 2024

A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. However, a divided panel of the Fifth Circuit Court of Appeals held that NetChoice was unlikely to succeed in any of its challenges to the Texas law, H.B. NetChoice, LLC v. Paxton and Moody v. Please check back for updates.

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Constitutional Law Reporter

SEPTEMBER 3, 2024

However, the Court remanded the cases back to the lower courts after concluding that neither court properly analyzed “the facial First Amendment challenges” to the laws. Facts of the Case In 2021, Florida and Texas enacted statutes regulating large social-media companies and other internet platforms.

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Constitutional Law Reporter

NOVEMBER 5, 2024

Facts of the Case In 2019, Sylvia Gonzalez ran for a seat on the city council of Castle Hills, a small town in southern Texas. 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].

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Constitutional Law Reporter

APRIL 20, 2022

USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. Decisions in all of the above cases are expected before the Court’s current term ends in June.

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Constitutional Law Reporter

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter. When these prepaid instruments are not presented for payment within a certain period of time, they are deemed abandoned.

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Constitutional Law Statute Court Government 59

JonathanTurley

JUNE 1, 2022

Texas gubernatorial candidate Beto O’Rourke has been ping-ponging on gun confiscation ever since his presidential candidacy in 2019 when he famously declared “Hell yes, we are going to take your AR-15.” ” When he decided to run for Texas governor, he then dialed down that pledge.

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Laws Constitutional Law Court 11

JonathanTurley

MARCH 24, 2022

We previously discussed concerns over free speech on the campus of the University of North Texas, including the canceling of an event on child gender transitioning. Professor Hiers sued the Board of Regents of the University of North Texas after it told him that it did not renew his contract due to his criticism of the policy.

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Constitutional Law Reporter

FEBRUARY 8, 2024

Natural Resources Defense Council , or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.” Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation.

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Statute Cause of Action Entertainment Court 52

Constitutional Law Reporter

DECEMBER 16, 2022

David Dubin was the managing partner of PARTS, a psychology practice in Texas. The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. United States is whether identity theft occurs anytime a person uses someone else’s name in the commission of a crime.

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Constitutional Law Reporter

AUGUST 6, 2024

According to the Court, the law ran afoul of the Eighth Amendment because it made the status of being an addict a crime. Texas , 392 U.S. The post Supreme Court Upholds Homeless Ordinance Imposing Criminal Penalties appeared first on Constitutional Law Reporter. It also cited Powell v.

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Constitutional Law Reporter

JANUARY 10, 2022

The post First Amendment Case on Tap for SCOTUS’s January Sitting appeared first on Constitutional Law Reporter. Tam, 137 S. 1744 (2017), Walker v. Sons of Confederate Veterans, Inc., 200 (2015), and Pleasant Grove City v. Summum, 555 U.S. 460 (2009). Hungerbeeler, 370 F.3d 3d 735 (8th Cir.

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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.

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JonathanTurley

JULY 23, 2021

The calls to boycott Ben & Jerry’s ice cream in states like Texas, Florida ,and Oklahoma will give citizens the common choice between something Half Baked and the American Dream. ” Indeed, I am a bit confused by the disconnect between the rhetoric and the reality of these laws in calls for statewide boycotts.

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Constitutional Law Reporter

DECEMBER 4, 2023

Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. Facts of the Case Between December 2020 and January 2021, Zackey Rahimi was involved in five shootings in and around Arlington, Texas.

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Constitutional Law Reporter

JUNE 16, 2021

The City of San Antonio—acting on behalf of a class of 173 Texas municipalities—was awarded a multi-million-dollar judgment in Federal District Court against a number of popular online travel companies (OTCs) over the calculation of hotel occupancy taxes. The justices’ decision was unanimous. Facts of the Case.

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Above The Law

MAY 10, 2021

Religious fear and hatred of nonbelievers is real, the question is whether legal mechanisms exist that nonbelievers can utilize to defend themselves. .

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Constitutional Law Reporter

MAY 10, 2022

The Houston Community College System (HCC) is a public entity that operates various community colleges in Texas. The post SCOTUS Rules Censure of Elected Board Member Didn’t Violate First Amendment appeared first on Constitutional Law Reporter. The Court’s decision was unanimous. Facts of the Case.

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SCOTUSBlog

JUNE 23, 2022

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

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JonathanTurley

SEPTEMBER 9, 2022

I will be joined by two distinguished academics: Professor Elizabeth Sepper, University of Texas at Austin School of Law and Professor John Yoo, University of California Berkeley School of Law. The panel will be moderated by Senior Circuit Judge Carlos F. Lucero of the Tenth Circuit Court of Appeals.

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Court Rules Court Laws Constitutional Law 37

JonathanTurley

AUGUST 25, 2023

” Despite the growing anti-free speech movement in the United States, the Constitution still protects such protests, including the burning of the American flag. In Texas v. 397 (1989), the Supreme Court voted 5-4 that flag burning was protected speech under the First Amendment to the United States Constitution.

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Statute Laws Government Constitutional Law 55

JonathanTurley

DECEMBER 29, 2022

Guillard is a Texas-based social media commentator, and accused Scofield of arranging the murder of Xana Kernodle, her boyfriend Ethan Chapin, and Kernodle’s roommates Maddie Mogen and Kaylee Goncalves in their Moscow (Idaho) house on Nov. Scofield denies ever meeting any of the victims, let alone having an affair with one of them.

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JonathanTurley

MAY 25, 2021

Courts in Arizona , Kansas and Texas have also ruled against these laws. Thus, Arkansas seeks not only to avoid contracting with companies that refuse to do business with Israel. It also seeks to avoid contracting with anyone who supports or promotes such activity. There are good-faith objections to the BDS movement.

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Above The Law

NOVEMBER 1, 2021

Texas is awarded no points on this exam.

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Laws Court Constitutional Law 145

JURIST

APRIL 6, 2022

612 will affect not only Oklahoman women’s constitutional right to access abortion services but also will affect women in Texas, who have been forced to travel out of state to access abortion services after the passing of S.B. 8 in Texas in September 2021. The passing of S.B.

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Constitutional Law Reporter

JANUARY 10, 2022

Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. The justices also ruled that the law (S.B. 8 violates the Constitution.

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Constitutional Law Reporter

DECEMBER 19, 2022

Texas : The immigration suit brought by the States of Texas and Louisiana challenges a Biden Administration policy prioritizing the apprehension and deportation of three groups of noncitizens: suspected terrorists, individuals who have committed crimes, and those recently detained at the border. United States v.

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Constitutional Law Reporter

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Texas law at issue, S.B. A divided Supreme Court rejected the request for injunctive relief, thereby allowing the Texas abortion law to take effect. Jackson, 594 U. Supreme Court.

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Laws Court Cause of Action Constitutional Law 52

JonathanTurley

OCTOBER 1, 2021

Sotomayor then turned to the recent court decision not to intervene in the Texas abortion case. Sotomayor wrote a heated dissent in Whole Woman Health v.

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Laws Court Court Decisions Constitutional Law 58

Constitutional Law Reporter

MAY 17, 2022

Texas : This case concerns the Migrant Protection Protocols (MPP), a former policy of the Department of Homeland Security (DHS) under which certain noncitizens arriving at the southwest border were returned to Mexico during their immigration proceedings. Decisions in all of the cases are expected before the Court’s term ends next month.

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Immigration Court Constitutional Law Legal 52

JonathanTurley

OCTOBER 6, 2022

The Biden Administration fought to block any judicial review by challenging the standing of Texas to bring the action. In addition, the court noted that: “Texas contends that the rescission of DACA would cause some recipients to leave, thereby reducing the financial burdens on the State. Here is the opinion: Texas v.

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Court Rules Court Immigration Government 58

JonathanTurley

MAY 27, 2022

Below is my column in The Hill on the call for bans and limits on guns like the AR-15 since the massacre in Texas. Within minutes of the killing of 19 children and two teachers at Robb Elementary School in Uvalde, Texas, a familiar cycle has emerged — grief coupled with angry demands for gun reforms.

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Laws Court Litigation Litigating 12

JonathanTurley

JULY 3, 2022

Late Friday, the Texas Supreme Court has cleared the way for the state to enforce its abortion ban from 1925. The law also exposed abortion providers to to lawsuits and financial penalties if they perform abortions.

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