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.

Statute 211

Statute Legal Legal Lawyer 211

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. Cargill , the government the justices to weigh in. Court of Appeals for the 5th Circuit. In both United States v.

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Government Court Criminal Law Statute 94

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 Statute Government Legal 140

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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Statute Healthcare Court Constitutional Law 52

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

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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Legal Legal Court Statute 104

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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Felony Government Statute Court 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 100

JonathanTurley

JUNE 20, 2024

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. Moreover, there is a statute that expressly bars the use of eminent domain to take property to for “pedestrian way[s].”

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Court Rules Statute Court Construction 65

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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Manufacturing Sports Government Criminal Law 98

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.

Mens Rea 100

Mens Rea Government Criminal Law Statute 100

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. McCutchen v. United States.

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Healthcare Government Immigration Criminal Law 78

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).

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Government Court Criminal Law Statute 98

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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Government Court Laws Attorney 98

JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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Statute Misdemeanor Criminal Law Felony 59

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.

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Mens Rea Statute Healthcare Manufacturing 83

Conflict of Laws

NOVEMBER 22, 2023

Jurisdiction to prescribe (the authority to make law) and jurisdiction to adjudicate (the authority to apply law) are very different things and are governed by different rules of domestic and international law. law in significant ways. This is more than an academic quibble. But so does the United States.

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Statute Criminal Law Laws Court 59

Conflict of Laws

JUNE 17, 2022

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. Rather, Lithuania simply consented to an arbitration much in the same way two private entities might.

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Statute Court Criminal Law Court Rules 52

JonathanTurley

MARCH 20, 2021

Sharma was then informed that he was subject to charges for violating the student government bylaws. First is SBA By-Law 11.2 ” The second is SBA By-Law 11.3 ” The student government then states in a conclusory manner that Sharma was found guilty on both charges and disqualified. DeBartolo Corp.

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Laws Law School Statute Construction 40

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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Statute Misdemeanor Court Rules Court 40

JonathanTurley

MAY 19, 2021

One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. 92, 95 (1972), that the “government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”. Free speech demands bright lines.

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Misdemeanor Statute Laws Court 54

JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. state once they are released by the federal government.

Laws 50

Laws Misdemeanor Attorney Felony 50

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. Indeed, if charged, Cuomo is likely to use a Cosby defense.

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Misdemeanor Depositions Statute Court 55

Paralegal-Edu.Org

FEBRUARY 21, 2025

They handle client files, research relevant laws, and help build solid arguments. Youll find them in corporate legal departments, government agencies, private law firms, and even nonprofits. Sometimes folks jump straight into paralegal work, while others aim directly for law school. Sound glamorous? Occasionally, sure.

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Paralegal Paralegals Lawyer Lawyers 40

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. § 230(b)(5).

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Tort Court Compensatory Damages Entertainment 40

SCOTUSBlog

JUNE 26, 2023

An expansive reading of the statute, the court recognized, would arguably criminalize political advocacy or general encouragement. That means that someone can only run afoul of the statute if they intend for an immigrant to come or remain in the U.S. while knowing that is unlawful.

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Immigration Court Statute Criminal Law 101

JURIST

OCTOBER 13, 2021

Bolsonaro has repeatedly stated that his government has been the victim of an international “campaign of lies” and asserts that no country protects the environment better than Brazil. The Rome Statute lays out the “crimes against humanity” for which the ICC is its sole adjudicator.

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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. But the defendants in the case counter that Gonzalez’s approach would “wreak havoc on law enforcement.”

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SCOTUSBlog

MARCH 24, 2023

The federal government came to the Supreme Court, which in December agreed to weigh in. Defending the constitutionality of the law, the government’s central contention is that the statutory terms “encourages” and “induces” should be interpreted narrowly as meaning to “facilitate” or “solicit,”concepts with defined meanings in criminal law.

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Immigration Laws Government Statute 116

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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Court Statute Lawyers Lawyer 145

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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Statute Government Legal Legal 80

Blackstone Career Institute

SEPTEMBER 27, 2024

The program includes 14 volumes covering a range of topics from criminal law to legal research and writing. Criminal Law Our correspondence Advanced Paralegal course in Criminal Law takes a deep dive into the criminal legal system.

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Paralegal Certificate Real Estate Paralegal Paralegals 52

SCOTUSBlog

OCTOBER 5, 2023

Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. du Pont de Nemours & Co.

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Tort Court Litigation Litigating 123

JonathanTurley

SEPTEMBER 15, 2024

Lowell will likely argue that he was seeking congressional action on allegations to establish if his client was the subject of unlawful conduct by the government. He will argue that such defamation lawsuits chill communications with government. It helps protect and perfect democracy.

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Lawyers Lawyer Government Felony 56

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 41

JonathanTurley

MARCH 10, 2021

There is also an interesting concurring opinion by Justice Jonathan Papik on the broader scope given the statute by the Court. Papik questions that foundation for then holding that while those statutes “‘may not be literally applicable, [they are] clearly indicative of legislatively approved public policy.'”

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Court Tort Statute Laws 32

JonathanTurley

APRIL 21, 2021

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. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects.

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Felony Statute Court Rules Court 57