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2023 is the Year of New Consumer Rights

Diane Drain

September 1, 2023: TILA Disclosures re Index Rates; California Garnishment ; Minnesota Debt Collection December 1, 2023: Bankruptcy December 31, 2023: Utah Data Privacy Musings by Diane Consumer legal protections are rare. – Diane L.

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Utah Court Enjoins Aereo Service – A Preview of the Supreme Court Decision? Could It Find Aereo to Violate Copyright Law Without Overturning the Cablevision Decision?

Broadcast Law Blog

Aereo finally lost a court decision. See our summary of the NY decision here ). The Utah Court issued an injunction preventing Aereo from operating in Utah until the issue is decided by the Supreme Court. . Does this Utah decision serve as a preview of the upcoming Supreme Court decision?

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In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country

SCOTUSBlog

It is a sequel of sorts to the court’s 2020 decision in McGirt v. Oklahoma , the most monumental federal Indian law decision of the new century. Those historic Indian reservations are once again considered “Indian country” (a legal term of art defined at 18 U.S.C.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” Federal Court in Washington Upheld Forest Restoration Plan. EPA’s brief is due December 15. Williams , No.

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Arizona dispatch: student delegates to Model Constitutional Convention pass proposed amendments on equal rights, tribal sovereignty, gerrymandering and eminent domain limits

JURIST

It was in response to the Supreme Court decision Kelo v. In that case, the court ruled that the government could take someone’s property for private economic development under the Fifth Amendment’s Takings Claus, saying it qualified as a “public use.” New London.

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Abortion Battle Enters Second Phase

The Crime Report

Wade, o pponents of abortion are pushing for stricter bans at state levels—even criminalizing women who travel outside their states where abortion remains legal. Utah’s 2020 trigger law is in effect , allowing more exceptions for its abortion ban than the majority of trigger law states. Law: Utah SB174 2020.

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The Anti-ESG Movement Has Not Fared Well in Court, but Critical Decisions Are Pending

ClimateChange-ClimateLaw

Further, the court noted that ERISA’s savings clause, essentially an escape hatch from preemption, would not allow for the rules’ survival because the laws “pose an obstacle” to ERISA’s comprehensive scheme. Within ERISA’s framework, from which state-by-state deviation is not allowed, is language at issue in an appeal in Utah v.

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