Patently O

APRIL 27, 2022

By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law. Presumably, this acronym is meant to suggest that these are new types of designs, uncontemplated by Congress when it passed statutes that—according to some—are in need of “modernization.”. For prior PatentlyO coverage, see here.) In Feist v.

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Manufacturing Statute Technology Laws 69

SCOTUSBlog

FEBRUARY 24, 2022

Share The Supreme Court heard argument on Tuesday in Denezpi v. United States , which examines whether the federal government can bring criminal charges in federal court against a defendant previously found guilty in a Court of Indian Offenses for an offense stemming from the same act.

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Government Court Laws Attorney 87

Broadcast Law Blog

APRIL 13, 2016

A few states, including New Jersey and Florida, have passed criminal statutes making pirate radio illegal, but such enforcement, in the few cases that I have dealt with in those states, has tended to be a low enforcement priority for state authorities. What is the reality of this actually happening?

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Statute Legal Legal Education 40

ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. Indeed, the Supreme Court established Fashion Originators’ Guild of America v. Texas, Kentucky, and others, most recently Oklahoma, have all released their own blacklists of financial companies prohibited from doing business with those states. FTC , 312 U.S.

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Finance Government Laws Legal 105

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Court Government Litigation Litigating 59

JURIST

MAY 31, 2023

The Oklahoma Supreme Court Wednesday struck down two abortion bans as unconstitutional, but abortion remains illegal in the state. In its decision, the court referenced a prior ruling in which it found an “inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life.”

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Court Statute Attorney Legal 192

SCOTUSBlog

JUNE 23, 2023

Share On Thursday, the Supreme Court held that a federal prisoner cannot raise a claim of legal innocence if he has already challenged his conviction – even if that claim was unavailable at the time he filed his challenge. The court’s decision in Jones v. Nearly two decades later, the Supreme Court decided in Rehaif v.

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Legal Legal Court Statute 132

SCOTUSBlog

JULY 5, 2023

Share Last week the Supreme Court held in Abitron Austria GmbH v. that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. In 1952, the court held in Steele v.

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Statute Manufacturing Court Construction 103

SCOTUSBlog

JANUARY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?

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Statute Court Education Administrative Law 102

JURIST

MAY 9, 2024

In the complaint filed with the District Court of Southern Iowa, the groups claim that Iowa has exceeded its power by intruding on areas of law reserved to the federal government. They first argue that the federal government has exclusive power to regulate immigration and that Iowa’s law conflicts with federal immigration statutes.

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Immigration Laws Misdemeanor Felony 104

SCOTUSBlog

NOVEMBER 1, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court did not grant review in any new cases since our last installment. The court did, however, deny review in one case that had been relisted three times – King v. Court of Appeals for the D.C.

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Court Contract Statute Government 111

SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Tort Court Litigation Litigating 121

SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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Court Statute Government Laws 75

SCOTUSBlog

NOVEMBER 15, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Since our last installment , the Supreme Court has continued slowly chipping away at the still-sizable number of lingering relists from the end-of-summer “long conference.” Court of Appeals for the D.C.

Healthcare 111

Healthcare Contract Court Government 111

JURIST

JUNE 30, 2024

The Texas Supreme Court upheld a statutory ban on gender-affirming care for minors on Friday. The Texas Supreme Court found that SB 14 does not infringe on the parental right to make medical care decisions for their children because that right competes with the interest of protecting children from harm.

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Court Felony Healthcare Statute 104

SCOTUSBlog

AUGUST 20, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a direct challenge to the court’s ruling in McGirt v. Oklahoma , a confrontation clause question involving statements about possible future crimes, and a split over the scope of who is covered by the qualified immunity doctrine.

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Court Government Statute Court Rules 102

SCOTUSBlog

JANUARY 23, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. But the law caught the attention of a number of states and industry players, which have been fighting it in court ever since. The district court dismissed both claims. In Oklahoma v.

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Sports Court Laws Statute 83

JURIST

SEPTEMBER 11, 2021

One clinic in Oklahoma said “the numbers of calls it received from Texans increased from approximately three to five calls per day to between fifty and fifty-five.” The US Supreme Court declined to order an injunction that would have halted the enactment of this law which subsequently went into effect on September 1.

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Statute Attorney Legal Legal 197

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 facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. In Abitron Austria GmbH v. It owns U.S.

Stare Decisis 96

Stare Decisis Laws Statute Construction 96

SCOTUSBlog

NOVEMBER 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. A short explanation of relists is available here.

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Government Construction Court Statute 108

The Crime Report

JUNE 2, 2021

The department pointed to the Arizona statute allowing a defendant sentenced to death to choose between lethal injection or lethal gas at least 20 days before the execution date. Lethal gas is permitted for executions in six other states: Alabama, California, Mississippi, Missouri, Oklahoma and Wyoming.

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Statute Legal Legal Court 98

SCOTUSBlog

APRIL 16, 2021

On Monday, the Supreme Court will hear argument on that question in Yellen v. Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. A federal district court in D.C. Confederated Tribes of the Chehalis Reservation.

Government 115

Government Contract Statute Education 115

The Crime Report

SEPTEMBER 2, 2022

The state of Oklahoma put James Coddington to death on Aug. It marks the beginning of a busy period at the Oklahoma State Penitentiary’s execution chamber. Photo courtesy Oklahoma Dept. Today, fewer jurisdictions are using the death penalty, but some – like Oklahoma – seem to be doubling down. James Coddingon.

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Statute Lawyer Lawyers Court 105

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

Tort 43

Tort Litigation Litigating Manufacturing 43

SCOTUSBlog

OCTOBER 10, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Just before the Supreme Court begins its new term on the first Monday in October , the court gathers to consider all the hundreds of cert petitions that have built up over the summer. At issue in Oklahoma v.

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Court Lawyers Lawyer Real Estate 122

The Crime Report

DECEMBER 1, 2022

Its legal proceedings take place out of public view, under seal, with a low standard of evidence and often a court-appointed attorney for the fetus — but none for the person gestating it. Once the court has exercised this jurisdiction, she says, “they’re free to do all kinds of stuff that are ‘in the best interests of the unborn child.’ ”.

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Laws Attorney Court Legal 126

SCOTUSBlog

JANUARY 12, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will vote to grant the last cases that will be argued this term (barring expedited briefing on some emergency matter). The court earlier asked for the U.S.

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Court Statute Education Laws 106

SCOTUSBlog

JUNE 6, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court worked through two thirds of last week’s new relists, though with very different results. The court granted review in Delligatti v. A short explanation of relists is available here.

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Court Attorney Laws Government 100

The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Law: Oklahoma SB612 (and others). South Dakota.

Felony 59

Felony Statute Laws Court Decisions 59

SCOTUSBlog

APRIL 28, 2025

The Supreme Court will hear oral arguments on Wednesday in a Catholic virtual charter schools bid to become the nations first religious charter school. The Oklahoma law governing charter schools requires them to be non-religious in their programs, admissions policies, and other operations. The state supreme court granted that request.

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Court Education Government Contract 110

SCOTUSBlog

JANUARY 23, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. So at the last conference, the Supreme Court acted on a ton of relists. White , the court summarily vacated a decision by the U.S. A short explanation of relists is available here. California.

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Court Tort Education Government 111

ClimateChange-ClimateLaw

OCTOBER 25, 2024

Investors who want the flexibility to consider all relevant risks to their investments have challenged these rules and laws in court, and, in both state and federal cases, the effort has succeeded. The federal court ruled resoundingly in favor of SIFMA, finding for plaintiffs on all counts.

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Court Litigating Litigation Government 86

SCOTUSBlog

OCTOBER 11, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Yes, the statute really does have a full cite to the opinion in it. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act.

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Laws Personal Injury Court Tort 90

SCOTUSBlog

JUNE 30, 2022

Additionally, travel distance is a known barrier to care that jeopardizes health, which the court recognized in 2016 in Whole Woman’s Health v. People from states with restrictive regimes, like Oklahoma , already are traveling to states that protect access. Hellerstedt.

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Court Laws Statute Government 98

SCOTUSBlog

JANUARY 14, 2022

District Court for the Southern District of New York rejected the states’ claims, ruling that the negative economic effects of the $10,000 cap were not so severe as to impermissibly coerce the states into changing their policies. The district court also ruled that a flat dollar cap on the deduction was not unlawful. 3582(c)(1)(A)(i).

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Court Manufacturing Statute Laws 105

JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. ” Wyoming filed a separate complaint in the federal District Court for its own state.

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Statute Government Court Legal 152

SCOTUSBlog

JANUARY 16, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Courts upcoming conference the second January conference — is ordinarily the justices last opportunity to add new cases to the docket in time for them to review and decide the disputes by the summer recess.

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Tort Statute Court Laws 99