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Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party. The justices pressed Ratner on where the government’s version of the doctrine came from. As Justice Neil Gorsuch put it, “No court’s ever applied the version of estoppel that you’re proposing now.”

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Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

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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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

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.”. Court of Appeals for the 10th Circuit affirmed. Next up is Kelly v. United States.

Statute 106
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The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case. GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”.

Court 52
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A call for the wider study of Private International Law in Africa: A Review of Private International Law In Nigeria

Conflict of Laws

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

Laws 52
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We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Legislative authority.

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How the Supreme Court Laid the Foundations for ‘Racialized Policing’

The Crime Report

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. Or does stare decisis make it stuck as a precedent?

Court 122