This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The US Supreme Court ruled on Friday that courts must exercise independent judgment in assessing an agency’s statutory authority. The Supreme Court did not decide on the facts of Loper. The Loper court disagreed, finding that “ Chevron was a judicial invention that required judges to disregard their statutory duties.”
Hochman fielded several questions about why the court should abandon a doctrine that the court has recognized for nearly a century. Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party. The post Doctrinal “dinosaur” or staredecisis?
University of Illinois Foundation (1971), the Supreme Court held that a judgment of invalidity in a suit against one infringer accrues to the benefit of any other accused infringer unless the patent owner shows that he did not have a fair opportunity procedurally, substantively and evidentially to pursue his patent claim the first time.
Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first staredecisis and the Court’s overruling of Chevron deference (i.e. no standing requirement).
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. Of course, this brings us to our word of the month: STAREDECISIS. Schempp , 374 U.S.
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.
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. Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. .
Wilkins and the government fought in the lower courts over whether the suit, filed many years after the general public use began, was timely. For many years the court loosely referred to problems as “jurisdictional” without intending the strict consequences that follow under the modern conception of judicial authority. Commissioner.
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. It remains in effect at the federal level, but the court held in City of Boerne v. Share On Feb.
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.
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. Hologic Inc. Hologic Inc.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.
Supreme Court 2021 ). The court upheld the assignor doctrine, but with some big caveats. These ideas of staredecisis and silent reenactment are part of a major ongoing debate within the Court over its role in changing its own prior precedent. = = = =. by Dennis Crouch. Minerva Surgical Inc. Hologic Inc.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Dennis noted that the Supreme Court had only recently in Taylor v. Cope now seeks Supreme Court review, supported by three amicus briefs. A short explanation of relists is available here.
PIL rules are used as a toolbox to assist litigants in resolving these problems that arise from complex litigations. 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]
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.
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.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court’s sprint to the end of the term continues. The court granted last week ’s one new relist, Wilkins v. This week’s conference marks the second of the court’s last four scheduled conferences.
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]
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In Monday’s orders , the Supreme Court disposed of three relists. To begin with the unhappy news (at least for petitioners), the court denied review without comment in one-time relist Kelly v.
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.
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 staredecisis , or the respect for precedent. I have long questioned the weight given staredecisis in constitutional cases.
20-1394 (Supreme Court 2021). This is a core civil procedure case pending before the Supreme Court. The Supreme Court has now issued a Call for the Views of the Solicitor General (CVSG)–seeking the government’s input on whether to hear the case. by Dennis Crouch. PersonalWeb Technologies, LLC v. Patreon, Inc.
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. Bulova Watch Co.
Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law.
The arguments before the Supreme Court in Dobbs v. Would this newly-comprised Roberts Court now contemplate leaving to the vote of state legislatures our rights to be admitted to the practice of law or to not be discriminated against in other respects as women, because of our Constitution’s “silence” or “neutrality”?
Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.
Share When he ran for president in 2016, then-candidate Donald Trump promised to nominate Supreme Court justices who would vote to end the constitutional right to an abortion. If the court were to overturn Roe and Casey , access to abortion in America would shrink dramatically and immediately. Katie Barlow).
Share Justice Stephen Breyer, a devoted pragmatist and the senior member of the Supreme Court’s liberal wing, will retire from the court at the end of the 2021-22 term, NBC News reported on Wednesday. Court of Appeals for the 1st Circuit. appeals court judge named Ruth Bader Ginsburg to fill White’s seat.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content