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Kentucky man says police violated Fourth Amendment by searching his backpack during arrest

SCOTUSBlog

This week, we highlight petitions that ask the court to consider, among other things, whether a backpack that is outside the reach of a person in handcuffs falls within the warrant exception. A Kentucky appeals court agreed with Bembury that the search was likely unconstitutional. Acknowledging that the U.S. In Bembury v.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

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Timber industry, federal government battle over preservation of southern Oregon forest

SCOTUSBlog

Accordingly, both courts of appeals held that the two laws work in tandem, even if in tension, to guide the executive branch’s authority over the Oregon forest. Biden , the challengers ask the justices to grant review and reverse the lower courtsrulings. In American Forest Resource Council v. United States and Murphy Co.

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Corpus Linguistics in the Sixth Circuit and Beyond

SquirePattonBoggs

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. 20-56174, 2022 U.S. 6 (9th Cir.

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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102. Kentucky v.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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Restrictions on gender-affirming medical care – and assault weapons

SCOTUSBlog

Kentucky ex rel. Last year, Tennessee and Kentucky were among a group of more than 20 states that enacted laws that prohibit giving transgender youths under the age of 18 medical treatment to align their appearance with their gender identity. Kentucky and Tennessee then asked the U.S. Skrmetti , L. Skrmetti , and Jane Doe 1 v.

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