Remove Court Rules Remove Statute Remove Utah
article thumbnail

Ohio Supreme Court rules judges not required to defer to state agency interpretations of ambiguous laws

JURIST

The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute. Later, the Ohio First District Court of Appeals held that a court must defer to an administrative interpretation only if the court finds a statute to be ambiguous.

article thumbnail

The first relists of October Term 2022

SCOTUSBlog

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Fallout from McGirt and testimony about future crimes

SCOTUSBlog

Last year, the Supreme Court ruled 5-4 in McGirt v. The court thereby stripped Oklahoma state courts of jurisdiction over crimes committed by “any Indian” in “Indian country,” and bestowed the federal government with exclusive jurisdiction to try these crimes. Finally, Estate of Madison Jody Jensen v.

Court 106
article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2022: Abstracts

Conflict of Laws

Here, first the conflict-of-law issue to be dealt with is the source of law that is to be used to determine the relevant statute for recourse. In its decision of 3 March 2021, the Federal Court of Justice endorsed an alternative approach based on Article 19 of the Rome II Regulation and Article 7 para.

article thumbnail

‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan

The Crime Report

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

Attorney 127
article thumbnail

Utah Woman Charged with Hate Crime for Stomping on “Back The Blue” Sign

JonathanTurley

There is a troubling case in Panguitch, Utah where a woman has reportedly been charged with a hate crim e for allegedly “stomping on a ‘Back the Blue’ sign” at a gas station. For we are presented with a clear and simple statute to be judged against a pure command of the Constitution. The outcome can be laid at no door but ours.

article thumbnail

December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.

Court 56