Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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The Crime Report

JUNE 17, 2022

The British government has approved an extradition order for Julian Assange, confirming a court decision that he can be sent to the United States to stand trial on espionage charges, reports the New York Times. he will be treated appropriately, including in relation to his health.”

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JURIST

OCTOBER 20, 2023

The protective bail restrains authorities from arresting Sharif until he appears before court on October 24. Sharif was removed from government and sentenced to 14 years prison over corruption charges in 2017 and 2018, respectively. He currently serves as president of the Pakistan Muslim League-Nawaz (PMLN).

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At the Lectern

JANUARY 31, 2024

The Daily Journal article — titled “ Gray areas” — discusses the decision at length and it identifies problems seen in the high court ruling.

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Law 360

MAY 11, 2021

Circuit not to put on hold the court's ruling backing a lower court decision to wipe out a U.S. Army Corps of Engineers easement for the controversial Dakota Access pipeline, saying there would be little point to a stay since the federal government could still choose to shut down the pipeline.

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HowAppealing

MARCH 4, 2021

Robert Barnes of The Washington Post reports that “ Supreme Court sides with government over environmentalists in Barrett’s first signed majority opinion.” ” John Fritze of USA Today reports that “ Supreme Court Justice Amy Coney Barrett delivers first opinion in case involving records disclosure.”

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JURIST

JULY 17, 2021

In Janus , the Supreme Court overruled Abood v. The court disagreed and affirmed the lower court ruling stating: Our cases are clear that we may not disregard Supreme Court precedent unless and until it has been overruled by the Court itself. American Federation of State, County, and Municipal Employees.

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SCOTUSBlog

DECEMBER 11, 2020

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. The Supreme Court ruled in 2002 in Atkins v.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. In National Rifle Association of America v. Vullo , 602 U.S. _ (2024), the U.S.

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The Crime Report

NOVEMBER 8, 2022

The Supreme Court ruling striking down New York State’s laws requiring permits for carrying a weapon will have a long-term effect on state gun laws, but in the interim it can be used by states to establish tougher gun restrictions, according to a new analysis from RAND Corporation.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Conflict of Laws

AUGUST 31, 2023

Recently, a Dutch District Court dealt with a case on the recognition of US court decisions on legal parenthood over children born from a high-tech surrogacy trajectory in the US, providing many private international law insights on how to assess such request for recognition. High-tech surrogacy abroad Because, i.a.,

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FDA Law Blog

JUNE 7, 2023

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. The cases were both brought under the False Claims Act (FCA), the Civil War-era law that the government uses to claw back funds it pays out to parties that overbill federal programs.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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SCOTUSBlog

JULY 9, 2024

In a previous ruling, the court of appeals had concluded that the 30-day statutory deadline is mandatory, with no room for flexibility. Based on that ruling, and looking to Supreme Court decisions rigidly construing similar statutory deadlines, the 11th Circuit held that Sanchez and Palacios were out of luck.

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SCOTUSBlog

JUNE 4, 2024

When the Supreme Court rebuffed the challengers’ effort to again suspend the CCIA last January, the 2nd Circuit grouped the lawsuits together on an expedited schedule for oral argument last March. In December, the court of appeals issued a 261-page decision narrowing the lower court decisions that had put the CCIA on hold.

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ClimateChange-ClimateLaw

MAY 31, 2024

Tokyo High Court On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. The Japanese government recognized the urgent need to secure power supply and implemented some measures to expedite the construction of new power plant.

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SCOTUSBlog

DECEMBER 15, 2021

A Texas state court ruled that the federal law under which Torres brought his suit, the Uniform Services Employment and Re-employment Rights Act , which allows members of the military to sue to remedy employment discrimination based on their service, is unconstitutional. And in LeDure v.

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At the Lectern

MARCH 7, 2022

.” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings. ” The court doesn’t consider whether a plaintiff might succeed in suing for negligent misrepresentation or promissory estoppel.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The Court’s decision was unanimous.

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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The Crime Report

APRIL 27, 2022

Our justice system is supposed to protect such people by assigning them a “legal guardian” —a surrogate decision-maker who acts under the authority of the probate court or of state laws governing guardianships. This too is problematic. Christopher Cross.

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JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Thomas noted that the federal government continues to claim the authority while simultaneously saying that it will not enforce it.

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SCOTUSBlog

OCTOBER 4, 2023

If the court ruled on the standing question, he seemed to suggest, it would be issuing “an advisory opinion.” Justice Elena Kagan suggested that even if the court could decide the standing question, there was a broader issue at stake. Assistant to the U.S.

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Conflict of Laws

MAY 6, 2024

However, the respondent fearing compliance with the Scottish locus inspection order, sought an order from Kenyan Court to prevent the execution of the locus inspection order in Kenya, leading to a petition being filed by the Appellants before the Employment and Labour Relations Court in Kenya.

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

The court ruled that the failure to set specific mitigation measures to slow climate change, in accordance with the state’s obligations under European and international law, is unlawful and infringes the plaintiffs’ right to a favorable environment. 2022 Prague Municipal Court Decision. Background to the claim.

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Conflict of Laws

SEPTEMBER 14, 2023

Article 6, on the other hand, says that a foreign state shall not be deemed to have consented to jurisdiction by appearing in Chinese court to assert immunity, by having its representatives testify, or by choosing Chinese law to govern a particular matter. As discussed further below, the addition of “rulings” (??) Convention.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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Conflict of Laws

JANUARY 11, 2024

However, believing that the painting had been lost during the war, the family accepted 13,000 US dollars in compensation from the German government, which would be the equivalent of 250,000 US dollars today. In 2020, the US Court of Appeals for the Ninth Circuit found in favor of Spain, again applying Spanish law.

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FDA Law Blog

APRIL 23, 2021

So, the obvious question to many readers is how does this Supreme Court decision implicate FDA? In other words, can FDA, through the Department of Justice (DOJ), request that a court impose monetary sanctions against a person who violates the Federal Food, Drug, and Cosmetic Act (FDC Act) in light of the AMG decision?

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The Crime Report

AUGUST 18, 2022

Government telling the employer that he cannot set up any moral standards for his business by asking someone if he is HIV positive, even though 85 percent of those people are engaged in activities that most Americans find abhorrent,” he said. The case will first return to lower court.

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JURIST

JUNE 21, 2024

The Supreme Court of Japan declared a transgender woman as the father of her daughter, who was conceived after the woman’s legal gender change, for the first time on Friday. The court also stated that impacts on family relationships should be considered when deciding whether a father-child relationship should be recognized.

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SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. The government has filed a confession of error, agreeing the offense does not qualify.

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Conflict of Laws

FEBRUARY 22, 2024

Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. The agreement provided that disputes arising out of or in connection with the agreement would be subject to the exclusive jurisdiction of the courts of England and Wales. Pursuant to Article 4 of Law No.

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JonathanTurley

NOVEMBER 24, 2020

Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. On November 12, 2020, the Kentucky Supreme Court ruled unanimously in favor of the authority of the governor to issue pandemic orders.

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JURIST

NOVEMBER 4, 2022

After years of government instability, Israeli voters gave Benjamin “Bibi” Netanyahu an incredible comeback after being ousted last year. In an effort by Israeli citizens to secure a stable government, Netanyahu’s Likud party won 32 seats in the 120-member Parliament.

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JURIST

OCTOBER 8, 2021

The European Court of Justice (ECJ) has found that Poland’s Disciplinary Chamber of the Supreme Court acted undemocratically by appointing judges who are not sufficiently neutral, invalidating a Polish court decision. And Poland’s Supreme Court ruled Thursday that Polish law takes supremacy over EU law.

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