JURIST

NOVEMBER 16, 2023

The nation asserts that the city lacks criminal jurisdiction over Native Americans on the tribe’s lands without express congressional authorization, as per the 2020 US Supreme Court case McGirt v. The Muscogee Creek Tribe is originally from an area straddling the border between what is now Georgia and Alabama.

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SCOTUSBlog

NOVEMBER 27, 2023

Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. Because that is what happened here, he says, the decision of the Georgia Supreme Court should be reversed. Share Tuesday’s argument in McElrath v. The facts are simple. Period, full stop.

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SCOTUSBlog

APRIL 22, 2022

Georgia, by contrast, argues that Nance must bring the Eighth Amendment claim under the federal habeas statutes. Georgia argues that Nance’s lethal injection challenge is Heck­ -barred, and the U.S. Court of Appeals for the 11th Circuit took that position below — “reconstruing” Nance’s Section 1983 complaint as a habeas petition.

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Law 360

JANUARY 10, 2022

Recent state supreme court decisions from New York, New Mexico, Pennsylvania and Georgia implicate whether a corporate defendant will be subject to suit for claims unconnected to a state merely for registering to do business there, and the tension between the Georgia Supreme Court's decision and settled precedent means the issue may be before the U.S. (..)

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Constitutional Law Reporter

APRIL 30, 2024

Georgia , 601 U.S. _ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. The court vacated both the malice-murder and felony-murder verdicts pursuant to Georgia’s so-called repugnancy doctrine, and authorized retrial. Supreme Court.

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Felony Court Constitutional Law Court Decisions 59

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.”. In Cooper Tire & Rubber Company v.

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Law 360

SEPTEMBER 14, 2023

The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

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Law 360

FEBRUARY 7, 2022

A Georgia federal judge on Monday denied the Federal Trade Commission's bid to pause or dismiss its $550 million consumer deception case against FleetCor Technologies Inc. Supreme Court decision curbed the agency's authority, saying the "most equitable course" is to decide the merits in court. after a U.S.

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The Crime Report

SEPTEMBER 2, 2022

My research on capital punishment suggests that both the arguments of today’s abolitionists and the current stalemate can be traced back half a century to the Supreme Court’s 1972 decision in a landmark death penalty case: Furman v. Four years after Furman, the death penalty was back before the Supreme Court. Austin Sarat.

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SCOTUSBlog

SEPTEMBER 14, 2021

Cortada is a longtime Floridian who received his law degree from the University of Miami and is now a professor at the University of Miami Department of Art and Art History; his work combines his legal training with his artistic vision of how each Supreme Court decision shaped the nation. Florida , a companion case to Gregg v.

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Broadcast Law Blog

AUGUST 21, 2018

In most states, those suits have been dismissed with courts finding that state law did not provide for a performance right in these pre-1972 recordings (see our articles about decisions in New York , Florida and Georgia reaching that conclusion). The issue in California, however, is still open.

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JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. In a 2-1 panel decision, the court also found that the was overly broad.

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Court Rules Contract Laws Court 49

Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

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SCOTUSBlog

APRIL 26, 2022

Georgia in 1832, states cannot prosecute crimes committed on Indian reservation land without federal approval. But Congress never terminated the reservation, nor did it authorize Oklahoma to enforce its criminal laws on the reservation. Black-letter federal law provides that, since at least Worcester v.

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Conflict of Laws

MAY 17, 2023

These rates were calculated by dividing (1) the total number of cases where a clause was enforced by (2) the total number of cases where the court considered the issue of enforceability. The state courts in Florida and Connecticut have become more likely to enforce in recent years. They apply federal common law.

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Court Statute Lawyers Lawyer 52

JURIST

NOVEMBER 24, 2022

The Supreme Court of Georgia Wednesday reinstated the state’s six-week abortion ban after a lower court found the 2019 act unconstitutional on November 15. In a one-page order, the court granted the state’s request to stay the lower court decision. Wade in their decision.

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JURIST

JULY 21, 2022

The US Court of Appeals for the Eleventh Circuit Wednesday held that Georgia’s abortion law can take effect immediately. The Georgia law bans abortions when fetal cardiac activity is detected, as early as six weeks. A US federal district court previously blocked the law from going into effect in 2020.

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JURIST

OCTOBER 25, 2023

The Georgia Supreme Court upheld the state’s six-week abortion ban on Tuesday, voiding certain provisions of the Living Infants Fairness and Equality (LIFE) Act. The LIFE Act established certain limitations and provisions surrounding access to abortion within the state of Georgia.

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ClimateChange-ClimateLaw

JULY 6, 2017

The Second Circuit Court of Appeals affirmed the dismissal of claims by Allco Finance Limited (Allco) that federal law preempted Connecticut’s renewable energy solicitations and that Connecticut’s Renewable Portfolio Standard (RPS) program violated the dormant Commerce Clause. ADDITION TO THE NON-U.S. CLIMATE LITIGATION CHART.

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Court Litigating Litigation Attorney 40

The Crime Report

JUNE 23, 2022

In Georgia, medical costs for the elderly population in Georgia corrections facilities was nearly nine times the cost of care for nonelderly people in the system. Report authors highlighted a recent Supreme Court decision in Canada.

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Statute Court Decisions Court 142

The Crime Report

APRIL 28, 2023

Henderson was the first federal court decision in the country that held “confinement for long periods of time without the opportunity for regular outdoor exercise does, as a matter of law, constitute cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution.” Supreme Court’s 1972 Furman v.

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JURIST

JANUARY 31, 2024

The US Eighth Circuit Court of Appeals declined Tuesday to rehear with the full Eighth Circuit panel of judges a prior appeals court decision curtailing private organizations’ ability to sue under section two of the Voting Rights Act for alleged racial gerrymandering in redistricting decisions.

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LawSites

MARCH 18, 2024

We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law. This was not easy.

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SCOTUSBlog

APRIL 15, 2021

The Georgia Supreme Court concluded that the shackles had little effect on the jury in light of the evidence of Whatley’s dangerousness, and the U.S. Court of Appeals for the 11th Circuit, by a 2-1 vote, held that conclusion was not unreasonable. Last up is Allen v.

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SCOTUSBlog

DECEMBER 31, 2020

In an article for Woodward Academy, a private school in Georgia that O’Brien attended, he reflected on his early days as a Supreme Court reporter: There was no internet in those days, nor even cable television. And I had their ear, explaining Supreme Court decisions on a regular basis over many years.

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SCOTUSBlog

JANUARY 28, 2025

Share The Supreme Court on Tuesday appointed two outside attorneys to defend the lower-court decisions in two cases in which the federal government has declined to do so. Solicitor General Elizabeth Prelogar conceded, the decision by the U.S. Court of Appeals for the 4th Circuit was incorrect.

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SCOTUSBlog

APRIL 19, 2021

The court rejected a petition for review filed by Frederick Whatley , who was convicted of murder in connection with an armed robbery in Georgia. There is no deadline for the acting solicitor general to file her brief. Whatley argued that U.S.

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Court Lawyers Lawyer Court Decisions 106

Constitutional Law Reporter

JUNE 9, 2022

Because USCIS was aware that Patel had previously checked a box on a Georgia driver’s license application falsely stating that he was a United States citizen, it denied Patel’s application for failure to satisfy the threshold requirement that the noncitizen be statutorily admissible for permanent residence.

Immigration 52

Immigration Court Statute Government 52

JURIST

DECEMBER 19, 2023

Under the Supreme Court decision Allen v. Rights groups have recently challenged redistricting maps in Georgia , Tennessee , North Dakota , Louisiana , Alabama , and South Carolina. Milligan , states are required to consider racial criteria when redistricting to avoid diluting the voting power of protected groups.

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JonathanTurley

JULY 4, 2022

However, putting aside the basis for the decision, it helped stabilize our system. Jackson wrote in a 1953 Supreme Court decision , “We are not final because we are infallible, but we are infallible only because we are final.”. Some early Americans declared they would simply defy what the court ruled after Marbury.

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Court Rules Court Laws Court Decisions 55

Above The Law

JANUARY 24, 2025

Decision The Ninth Circuit reversed the district courts decision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it. The court noted that the claim was already largely resolved by the ADA ruling, and sending it to state court would be inefficient and unnecessary.

Contract 52

Contract Court Prima Facie Case Laws 52

JURIST

FEBRUARY 19, 2025

Missouri Eighth Circuit Court of Appeals affirmed a preliminary injunction on Tuesday, which blocks former President Joe Biden’s student debt relief plan from taking effect. The plaintiffs in the case are the states of Missouri, Arkansas, Florida, Georgia, North Dakota, Ohio, and Oklahoma.

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JURIST

JUNE 13, 2022

The former US Attorney for the Northern District of Georgia B. He also testified that in all of the court decisions he reviewed regarding Trump’s claims, the Trump campaign did not make cogent claims of fraud.

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SCOTUSBlog

FEBRUARY 2, 2024

In 2022, Georgia officials rebuffed a challenge to U.S. 27, the Michigan Supreme Court declined to review a lower-court decision that allowed Trump to appear on the state’s primary ballot. As in Minnesota, the lower court’s ruling does not foreclose a new challenge to Trump’s appearance on the general election ballot.

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ClimateChange-ClimateLaw

APRIL 9, 2021

Georgia , No. Circuit Court of Appeals granted the U.S. Circuit Vacated Trump EPA’s Significant Contribution Rule.

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