Patently O

APRIL 17, 2025

by Dennis Crouch Back when he was a law professor here at Mizzou, I recall taking with Sen. Josh Hawley about his favorite Supreme Court case - Marbury v. The case has come to stand for the principle of judicial review, establishing the Supreme Court's authority to determine the constitutionality of laws and executive actions.In

Stare Decisis 52

Stare Decisis Construction Court Laws 52

Legal Research is Easy

AUGUST 5, 2019

Thing is, these days law and the decisions courts hand down are very much like that. People go to one court, don't get what they want so they go to another court asking for, basically, the same thing. Congress shall make no law respecting the establishment of religion." Schempp , 374 U.S. Schempp , 374 U.S.

Stare Decisis 52

Stare Decisis Notary Public Laws Court 52

Law 360

MAY 1, 2023

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

Stare Decisis 75

Stare Decisis Laws Court 75

JURIST

DECEMBER 6, 2022

Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. . On Wednesday, December 7, the US Supreme Court will hear oral arguments in a case involving a fringe legal idea called the independent state legislature theory that poses a threat to the current system of election administration in the United States.

Stare Decisis 197

Stare Decisis Court Laws Legal 197

JURIST

APRIL 24, 2021

The US Supreme Court ruled Thursday in Jones v. Jones argued that under two of the court’s recent decisions, 2012’s Miller v. Jones argued that under two of the court’s recent decisions, 2012’s Miller v. The court’s six conservative justices disagreed. Alabama and 2016’s Montgomery v.

Court Rules 104

Court Rules Stare Decisis Court Legal 104

JURIST

JANUARY 8, 2024

The Supreme Court of India allowed a petition by Bilkis Bano on Monday against the premature release of convicts involved in the 2002 Gujarat communal riots. The court concluded that the writ petition filed under Article 32 of the Indian Constitution by Bano is maintainable.

Stare Decisis 104

Stare Decisis Court Litigation Litigating 104

SCOTUSBlog

APRIL 20, 2021

Share This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. The doctrine stems from the common-law principle that one who sells property to another generally should not be able to undermine the value of the property by later challenging the rights the seller conveyed in the first place. Hologic Inc.

Stare Decisis 106

Stare Decisis Court Statute Government 106

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

Stare Decisis 98

Stare Decisis Statute Court Contract 98

The Crime Report

MAY 18, 2021

Earlier this year, the Supreme Court in Jones v. That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. But the majority of the court unraveled this holding.

Court Decisions 98

Court Decisions Stare Decisis Court Court Rules 98

SCOTUSBlog

APRIL 15, 2021

24, 2020, the Supreme Court granted certiorari in Fulton v. City of Philadelphia , a case in which the petitioners and several amici are asking the Court to either (1) overrule Employment Division v. RFRA, as originally enacted, applied to any federal, state or local law found to “substantially burden” the practice of religion.

Stare Decisis 143

Stare Decisis Court Sports Government 143

Conflict of Laws

JUNE 13, 2024

Cosmas Emeziem, JSD Cornell University, Drinan Fellow and Visiting Assistant Professor of Law, Boston College Law School, Newton, MA. The Supreme Court of Nigeria and the Judicature The Nigerian Supreme Court is necessary for the legal system’s stability, coherence, and sustainable evolution. [2] ©Author 2024.

Stare Decisis 69

Stare Decisis Laws Court Legal 69

JURIST

MARCH 22, 2022

In the final step, she looks into the written law. She uses the interpretation and application of law from the written text and observes the limits of her authority. Jackson specified that she does not interpret the law from her own understanding but tries to interpret it according to its intended purpose.

Stare Decisis 104

Stare Decisis Drafting Statute Court 104

SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. The ruling in Minerva Surgical Inc.

Stare Decisis 102

Stare Decisis Court Rules Court Manufacturing 102

Patently O

JUNE 29, 2021

Supreme Court 2021 ). In my property law course, I spend a good bit of time walking through post-conveyance rights and obligations. The court upheld the assignor doctrine, but with some big caveats. by Dennis Crouch. Minerva Surgical Inc. Hologic Inc. What warranties are are promised to the buyer? Majority: Justice Kagan.

Stare Decisis 90

Stare Decisis Court Litigation Litigating 90

Above The Law

MAY 9, 2022

The post Nothing Is A Better Distraction From A Nakedly Political Court Than A Totally Important Game Of Whodunit appeared first on Above the Law. We only call balls and strikes. Unless our team is losing. Then it’s hockey and we start punching.'.

Court 98

Court Stare Decisis Laws 98

Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Under Chevron’s two-step analysis, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.”

Stare Decisis 52

Stare Decisis Court Statute Construction 52

Patently O

DECEMBER 11, 2022

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom. Uniloc USA, Inc.

Stare Decisis 131

Stare Decisis Court Decisions Litigation Litigating 131

SCOTUSBlog

APRIL 18, 2023

Share The Supreme Court heard oral argument on Tuesday in a case that asking the justices to decide how far employers must go to accommodate the religious practices of their employees. But after nearly two hours of oral argument, it wasn’t clear that a majority of the court was prepared to do so. But the U.S.

Stare Decisis 104

Stare Decisis Statute Court Laws 104

Patently O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. Importantly, the Supreme Court in Cuozzo Speed Techs.

Stare Decisis 49

Stare Decisis Statute Construction Administrative Law 49

SCOTUSBlog

APRIL 18, 2022

Court of Appeals for the Federal Circuit reached the same conclusion a year later, holding that “the government must show … both a preexisting condition and a lack of in-service aggravation to overcome the presumption of soundness.” In particular, George points to House and Senate committee reports that endorse case law from the U.S.

Statute 104

Statute Stare Decisis Government Contract 104

Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

Laws 52

Laws Stare Decisis Legal Legal 52

Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

Court 52

Court Contract Stare Decisis Entertainment 52

JonathanTurley

AUGUST 7, 2022

The petition by an alumni group at Rhodes College is seeking to remove Supreme Court Justice Amy Coney Barrett from the school’s “Hall of Fame” due to her vote in the Dobbs decision overturning Roe v. Rob Marus started a Facebook group opposing her appointment to the Supreme Court. Rhodes College.

Stare Decisis 59

Stare Decisis Court Education Legal 59

Patently O

JULY 14, 2024

This decision highlights the significant deference afforded to arbitration agreements and the limited ability of courts to vacate arbitral awards, even when they conflict with Supreme Court precedent. The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis.

Stare Decisis 49

Stare Decisis Contract Technology Entertainment 49

Fordham Law News

JANUARY 5, 2024

When it comes to antitrust laws and their impact on American sports leagues, baseball is in a verifiable league of its own. 10] One of the oldest and most periodically contested exemptions to the antitrust laws is one that is solely held by the sport of baseball. 11] Despite the subsequent expansion of the Commerce Clause in Wickard v.

Sports 52

Sports Stare Decisis Laws Court 52

Above The Law

JUNE 28, 2022

The elimination of constitutional stare decisis would represent an explicit endorsement of the idea that the Constitution is nothing more than what five justices say it is.” - Former Associate Justice Lewis Powell. The post Where Were You When Stare Decisis Died? appeared first on Above the Law.

Stare Decisis 139

Stare Decisis Laws Court 139

SCOTUSBlog

JANUARY 17, 2024

Share It has been nearly 40 years since the Supreme Court indicated in Chevron v. Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. Court of Appeals for the District of Columbia Circuit and the U.S. Applying Chevron , both the U.S.

Court 145

Court Statute Stare Decisis Small Business 145

JonathanTurley

MAY 14, 2022

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. I have long questioned the weight given stare decisis in constitutional cases.

Stare Decisis 58

Stare Decisis Drafting Court Education 58

JURIST

JUNE 17, 2022

The Iowa Supreme Court Friday held in Planned Parenthood v. Planned Parenthood sued to challenge a 2020 law which requires a 24 hour waiting period before an abortion. After a lower court ruled the law was unconstitutional, Iowa appealed to the state supreme court. Jackson Women’s Health Organization.

Stare Decisis 211

Stare Decisis Court Rules Court Court Decisions 211

Patently O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. That patent finally issued in 2018–only after SawSafe filed a civil action and received a court-judgment in its favor. by Dennis Crouch. The new petition in SawStop v. 2016 Decision ]. 593 (2010).

Stare Decisis 75

Stare Decisis Statute Court Construction 75

SCOTUSBlog

MARCH 20, 2023

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The question for the court is whether the law reaches infringing conduct outside the United States. In Abitron Austria GmbH v. Hetronic International, Inc.

Stare Decisis 98

Stare Decisis Laws Statute Construction 98

HowAppealing

JUNE 17, 2022

“Iowa Supreme Court says abortion protections not guaranteed under state constitution”: Katie Akin and William Morris of The Des Moines Register have this report. David Pitt of The Associated Press has a report headlined “ Iowa court: Abortion not protected by state constitution.”

Stare Decisis 100

Stare Decisis Court Laws 100

JonathanTurley

MAY 4, 2022

I’m no Supreme Court justice, I’m not a good enough liar.” The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent. I accept the law of the land, senator, yes.”

Stare Decisis 11

Stare Decisis Drafting Court Laws 11

Above The Law

JANUARY 24, 2025

Given the questionable Republican tactics that resulted in a conservatively stacked High Court, Prelogar’s job was particularly challenging. After four years arguing in front of the Supreme Court, it looks like she’s after something a little different. But, by all accounts , she shined in the role.

Stare Decisis 52

Stare Decisis Laws Litigation Litigating 52

SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

Statute 104

Statute Stare Decisis Court Manufacturing 104

SCOTUSBlog

JUNE 24, 2022

The Supreme Court on Friday eliminated the constitutional right to obtain an abortion, casting aside 49 years of precedent that began with Roe v. In one of the most anticipated rulings in decades, the court overturned Roe , which first declared a constitutional right to abortion in 1973, and Planned Parenthood v.

Stare Decisis 135

Stare Decisis Court Drafting Education 135

The Crime Report

APRIL 8, 2022

A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. We also have a much higher rate of plea bargain cases than the rest of the world: almost 20 percent higher than just about any other common law country. Photo by Karen Neoh via Flickr.

Stare Decisis 139

Stare Decisis Lawyers Lawyer Legal 139