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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

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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Leaks at the California Supreme Court

At the Lectern

Supreme Court draft opinion in a pending, exceptionally high-profile case has me considering leaks from California’s high court. Neither involved the disclosure of a draft opinion’s full text, just the bottom line of an impending decision. As it turned out, the decision did not come as a surprise.

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Restoring the Founders’ right to bear arms

SCOTUSBlog

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Until Bruen , this judicial interest-balancing test — the “two-part test” — was the prevailing test throughout the lower courts. Joseph Greenlee is the director of constitutional studies at FPC Law.

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SCOTUS Clarifies Bruen in Upholding Federal Gun Law

Constitutional Law Reporter

Supreme Court upheld a federal law that prohibits individuals subject to a domestic violence restraining order from possessing a gun. 922(g)(8) , a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. In light of Bruen , the Fifth Circuit Court of Appeals reversed.

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New York Court Finds Public Performance Right in Pre-1972 Sound Recordings – How Will This Affect Businesses that Use Music?

Broadcast Law Blog

On Friday, the US District Court in the Southern District of NY found that there is a public performance right in pre-1972 sound recordings in that state, following two decisions from California finding a similar right under California law (though on different grounds).

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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.