Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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Constitutional Law Reporter

APRIL 11, 2023

New Jersey , 379 U.S. Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.” MoneyGram applied the common-law escheatment practices outlined in Texas v.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. Friends of the Wild Swan v.

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SCOTUSBlog

MAY 19, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, what level of First Amendment scrutiny applies to a state law governing slogans that appear alongside candidates’ names on the ballot. A federal district court dismissed their lawsuit. Court of Appeals for the 3rd Circuit upheld that dismissal.

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SCOTUSBlog

JANUARY 23, 2025

While the Supreme Court routinely throws out lower-court decisions granting prisoners habeas relief, its fairly uncommon for the justices to summarily grant relief to habeas petitioners. California , 22 Orig. CVSG: 12/10/2024 (Relisted after the Jan. 17 conference.) Returning Relists Turco v. Relisted after the Jan. 10 and Jan.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request.

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