JURIST

APRIL 20, 2022

McDonough , the Court is considering the meaning of “clear and unmistakable error” in a statute, and whether the Depart of Veterans Affairs (VA) improperly interpreted the statute when denying veteran benefits. United States , the Court is considering the interpretation of criminal law and federal civil procedure rules.

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JonathanTurley

JUNE 20, 2024

Mr. Bumble responds that “if the law supposes that, the law is a ass – a idiot.” However, Wisconsin has strong protections for home owners, including statutes expressly stating that the power of eminent domain must be “ strictly construed ” against the government. The analogy is a poor one, in my view.

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Court Rules Statute Court Construction 44

JURIST

SEPTEMBER 28, 2021

However, the government of Afghanistan at that time had asked his office to defer the investigation to them. The ICC prosecutor’s office did defer the investigation, as required by the Rome Statute , but continued to work closely with Afghan authorities with a view of “sharing the burden of the investigation.”

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Statute Construction Government Legal 104

SCOTUSBlog

MARCH 25, 2022

Share The Supreme Court is poised to decide yet another case involving one of the many federal statutes that govern the nation’s railroads and railworkers. Union Pacific also emphasizes several ways in which LeDure’s broad reading would “break the statute.” The court will hear argument on Monday in LeDure v.

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Statute Court Government Criminal Law 101

SCOTUSBlog

DECEMBER 6, 2021

Six years later, the federal government prosecuted Taylor. The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce. The second statute is 18 U.S.C. §

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JURIST

AUGUST 10, 2021

APIB claims that Bolsonaro’s government has systematically dismantled social protection for indigenous communities and environmental protection for their territories, amounting to genocide and ecocide.

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SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Those decisions concerned conduct ranging from wire and computer fraud to tax violations. Cuker Interactive, LLC v. Pillsbury Winthrop Shaw Pittman, LLP. McCutchen v. United States.

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JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. It is also hard to instruct a jury on an ambiguous statute.

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FDA Law Blog

AUGUST 26, 2021

However, a good faith effort by the company to comply with applicable statutes and regulations as well as federal health care program requirements, demonstrated by an effective compliance program, significantly reduces the risk of unlawful conduct and any penalties that result from such behavior.

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SCOTUSBlog

JUNE 28, 2022

Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.

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Mens Rea Government Criminal Law Court 98

FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R. 3d 774 (7th Cir. 2011), here , and United States v.

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Conflict of Laws

JUNE 17, 2022

This is a guest post by Izaak Weaver-Herrera, JD student at the University of Pittsburgh School of Law. Similarly, the Court found that “international tribunal” under the statute more naturally referred to tribunals between nations, rather than arbitral panels composed of or adjudicating issues between nationals of different States.

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SCOTUSBlog

APRIL 28, 2022

Enacted in 1948, the GCA extended to Indian country the general federal criminal laws that apply in places where the federal government has exclusive jurisdiction (i.e., The question is whether the GCA therefore prohibits concurrent state criminal prosecutions. federal enclaves). Georgia (1832).

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JURIST

AUGUST 14, 2023

Indian law students are reporting for JURIST on law-related developments in and affecting India. This dispatch is from Samar Veer, a third-year law student at National Law University, Delhi. As of now, the Bills have been sent to a Parliamentary Standing Committee for review.

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SCOTUSBlog

FEBRUARY 24, 2022

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. Kimberly responded that there are two easy fixes, both of which, he asserted, respect tribal sovereignty.

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SCOTUSBlog

MAY 23, 2022

Even Justice Clarence Thomas led off the questioning by noting that Arizona’s position that the statute governs would render Martinez “pretty worthless.”. In my oral argument recap , I discussed how several of the conservative justices seemed genuinely to struggle with that question.

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JURIST

DECEMBER 12, 2020

The Nigerian government has made attempts to prosecute the group, primarily its low-level members. And while this does not foreclose the possibility for the authorities to conduct relevant and genuine proceedings, it does mean that, as things stand, the requirements under the Statute are met for my Office to proceed.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

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SCOTUSBlog

OCTOBER 5, 2023

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. Court of Appeals for the 9th Circuit rejected that claim. Four years ago, the Supreme Court held in Nieves v.

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JonathanTurley

NOVEMBER 21, 2021

The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” It has limits, however—most notably the standard statute of limitations, which commonly range from one to four years.

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Tort Litigation Litigating Manufacturing 32

JonathanTurley

APRIL 21, 2021

Garner and other case law. Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. Police told local media that, at 4:32 p.m., Garner , 471 U.S. ” T ennessee v.

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SCOTUSBlog

JUNE 26, 2023

The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech. Share On Friday the Supreme Court issued its decision in United States v.

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SCOTUSBlog

APRIL 23, 2023

Both cases arise under the federal firearm statute, 18 U.S.C. § Enacted by Congress in 1994, Section 922(g)(8) criminalizes gun ownership by anyone subject to a domestic-violence restraining order. That decision opened the door to new challenges to existing gun laws and regulations. Court of Appeals for the 5th Circuit.

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Conflict of Laws

NOVEMBER 22, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. secondary sanctions, the discovery of evidence abroad, the Helms-Burton Act, the Foreign Corrupt Practices Act, the Global Magnitsky Human Rights Accountability Act, and the use of extraterritorial jurisdiction in criminal cases.

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Statute Criminal Law Laws Court 59

JonathanTurley

MAY 12, 2021

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.

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The Crime Report

JULY 19, 2021

Capitol, elected officials and terrorism experts revived previous calls for Congress to pass a domestic terrorism statute that would empower the federal government to investigate and pursue white supremacists and other domestic terrorists with the same tools it uses to go after international terrorism. Power Paradox.

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Law School Government Statute Legal 140

JonathanTurley

MARCH 10, 2021

However, some states have passed laws limiting its impact. and shall be discharged by the psychiatrist if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency. We have discussed decisions extending Tarasoff. In Nebraska, the state supreme court previously ruled in Munstermann v.

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Court Tort Statute Laws 31

JonathanTurley

MAY 19, 2021

The arrest appears to have been made under a state hate crime law that has long been criticized by some of us in the free speech community as dangerously vague. ” The law is similar to the type of vague speech codes that we have addressed on campuses but this is an actual criminal provision under state law.

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Misdemeanor Statute Laws Court 37

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. 47 U.S.C. § 230(b)(5).

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JonathanTurley

AUGUST 5, 2021

That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. However, as shown by the Bill Cosby case , such evidence can create reversible error in criminal cases. The women could bring direct criminal complaint against Cuomo.

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Misdemeanor Depositions Statute Court 37

JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. . First is SBA By-Law 11.2

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JURIST

JULY 4, 2024

Following initial opposition from Karnataka’s Law Minister HK Patil to the new Bharatiya Nyaya Sanhita (BNS) and associated legislations scheduled to enter into force July 1, Patil announced Karnataka’s intention to introduce 23-25 amendments to these laws before their enforcement in the state following a cabinet meeting Friday.

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Criminal Law Laws Construction Statute 104

JURIST

FEBRUARY 9, 2024

The reforms will also reduce the penalty framework for corruption offenses and shorten the statute of limitations. While Fico acknowledged the European Commission’s comments, he said that they would not affect his proposed criminal law reforms which he claims are protecting human rights.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. Senior U.S. A divided U.S. By a vote of 10-6, the full 5th Circuit declined to rehear the case.

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Government Court Laws Felony 122

The Crime Report

AUGUST 3, 2021

According to a forthcoming paper in the Georgetown Journal of Law & Public Policy, that would violate the Constitution and several Acts of Congress. government is settled by a deposit into the U.S. and Smith detail how the DOJ maintained a list of government-approved nonprofit beneficiaries, many of them left-leaning.

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JURIST

MARCH 15, 2024

Trump’s counsel challenged several phrases within the criminal statute he is charged under. The vagueness doctrine is a constitutional doctrine which requires that criminal laws explicitly state and define the type of conduct being punished.

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Statute Criminal Law Court Laws 211

SCOTUSBlog

APRIL 18, 2024

Jury selection is currently underway in a Manhattan courtroom, where Trump is being tried on charges that he broke state law when he made a “hush money” payment to adult film star Stormy Daniels so that she would remain silent about her alleged affair with Trump as the 2016 presidential election approached.

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