Patently O

JULY 24, 2024

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 stare decisis and the Court’s overruling of Chevron deference (i.e. no standing requirement).

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Above The Law

JULY 1, 2022

Stare decisis only matters when it’s convenient for this version of the high court. The post You Can Kiss Precedent Goodbye Thanks To The Supreme Court’s Conservative Majority appeared first on Above the Law.

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HowAppealing

OCTOBER 18, 2021

“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times about a forthcoming (..)

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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. Of course, this brings us to our word of the month: STARE DECISIS. Schempp , 374 U.S.

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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.

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HowAppealing

MARCH 15, 2021

Court of Appeals for the Seventh Circuit Friday in deciding the case of Planned Parenthood v. Supreme Court. Hamilton ‘s majority opinion explained: The Chief Justice’s concurring opinion in June Medical offered the narrowest basis for the judgment in that case, giving stare decisis effect to Whole Woman’s Health v.

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Patently O

JULY 15, 2022

We argue that the Supreme Court got it wrong in Allen v. Cooper , the Supreme Court effectively qualified this warning by adding an exception in favor of “sovereign” pirates. In a recently published article, Homayoon Rafatijo and I take-on sovereign immunity in copyright cases. In Allen v.

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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.

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SCOTUSBlog

APRIL 20, 2021

Share This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. Federal courts have applied this doctrine since 1880, and the Supreme Court implicitly approved of the doctrine in 1924 in Westinghouse Electric. Applying the doctrine of assignor estoppel, however, both the district court and the U.S.

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SCOTUSBlog

DECEMBER 1, 2022

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.

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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.

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JURIST

DECEMBER 6, 2022

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. .

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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. of Marion County v.

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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.

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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. It remains in effect at the federal level, but the court held in City of Boerne v. Share On Feb.

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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.

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JURIST

MARCH 22, 2022

She said she also relies upon precedent and the concept of stare decisis to reach her judgment and form an opinion. Durbin also asked about court-packing, a concept which deals with changing the size and structure of the Supreme Court.

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Patently O

JUNE 29, 2021

Supreme Court 2021 ). The court upheld the assignor doctrine, but with some big caveats. These ideas of stare decisis 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.

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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.”

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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.'.

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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.

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At the Lectern

APRIL 27, 2023

City of Rancho Palos Verdes , the Supreme Court today holds immunity under Government Code section 830.6 , that generally protects California public entities and employees from liability for injuries “caused by the plan or design of a construction of, or an improvement to, public property,” is not as broad as government defendants want.

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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.

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Conflict of Laws

JUNE 13, 2024

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] 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]

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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.

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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.

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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]

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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.

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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.

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Fordham Law News

JANUARY 5, 2024

4] However, on November 2, 2023, it was announced that Major League Baseball had settled all three lawsuits with the minor league teams, avoiding the possible Supreme Court challenge, and sending the question of the validity of its long-held antitrust exemption back to the bullpen. [5] New York Yankees, Inc., National Basketball Assn.

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Conflict of Laws

DECEMBER 17, 2020

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. Arabella case [which the court has now thankfully moved away from]. [8]

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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.

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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.

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HowAppealing

JUNE 2, 2022

“Is ‘stare decisis’ dead? How the Supreme Court view of precedent is evolving.” ” Devin Dwyer of ABC News has this report.

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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.

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JURIST

JUNE 17, 2022

The Iowa Supreme Court Friday held in Planned Parenthood v. After a lower court ruled the law was unconstitutional, Iowa appealed to the state supreme court. The court’s ruling comes as Americans wait for a US Supreme Court decision in Dobbs v. Jackson Women’s Health Organization.

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JURIST

MARCH 8, 2021

The Minnesota Court of Appeals ruled Friday that the Hennepin County District Court must reconsider a third-degree murder charge against Derek Chauvin, the police officer who will stand trial on March 8 for killing George Floyd. On February 1, the Minnesota Court of Appeals ruled in the precedential case of State v.

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