The Crime Report

APRIL 14, 2022

“Citizens in 21 states can now legally carry concealed firearms for self-defense without a permit,” he writes, noting that in September 2021 , Texas became the most recent state to enact the legislation.

Felony 122

Felony Law School Statute Laws 122

SCOTUSBlog

APRIL 28, 2021

United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S.

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Court Statute Government Legal 98

SCOTUSBlog

APRIL 15, 2022

By statute, one factor that can support a continuance for the “ends of justice” occurs when “the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible.” After the chief judge denied this request, the judge in Olsen’s case dismissed the indictment with prejudice.

Statute 100

Statute Government Court Legal 100

The Crime Report

JUNE 16, 2022

Still, the case illustrated the confusion surrounding application of the “initial aggressor” legal doctrine in U.S. jurisprudence, according to a forthcoming Legal Studies Research Paper published under the auspices of George Washington University Law School. Nevertheless, according to the paper written by Cynthia Lee, the Edward F.

Law School 105

Law School Court Statute Laws 105

SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. In District of Columbia v.

Law Office 145

Law Office Laws Court Legal 145

LettersBlogatory

NOVEMBER 7, 2022

. § 1391(f), which allows cases against foreign states and their subdivisions to be brought in a district “in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated,” or in the District of Columbia.

Statute 52

Statute Court Government Legal 52

Constitutional Law Reporter

MARCH 4, 2025

The issue before the Court is whether the Hobbs Act required the district court in this case to accept the FCCs legal interpretation of the Telephone Consumer Protection Act. The statute elsewhere defines party in interest broadly to include a variety of parties that may contract with or provide services to a plan.

Manufacturing 52

Manufacturing Court Constitutional Law Statute 52

SCOTUSBlog

MAY 2, 2021

To abrogate state sovereign immunity, the 3rd Circuit determined that Congress was required to do so expressly in the text of the statute, which the court found lacking in the NGA. Court of Appeals for the District of Columbia Circuit or the circuit in which the certificate holder is located.

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Government Construction Statute Court 72

FDA Law Blog

AUGUST 8, 2024

What has been overlooked is how rescheduling or descheduling may impact how the states and the District of Columbia might have to regulate marijuana. Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations. 28, 2021).

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Healthcare Manufacturing Attorney Statute 59

JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. The briefs filed in the case include groups such the Cato Institute , which directly confronted the court about it being legally absent without leave on gun rights for more than a decade. Two years after Heller, in McDonald v.

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Court Litigating Litigation Laws 55

ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

The Sabin Center’s Renewable Energy Legal Defense Initiative provides pro bono legal counsel to community members who support renewable energy projects.) . These permitting decisions may then subject transmission lines to NEPA, among other statutes. . Three Recent Pipeline Setbacks.

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Construction Litigating Litigation Court 59

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The federal district court for the District of Columbia ruled that the U.S. The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” FEATURED CASE.

Court 59

Court Government Litigation Litigating 59

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” A debtor would beg to differ.”).

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Court Litigation Litigating Attorney 40

SCOTUSBlog

JANUARY 17, 2024

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. The question in this challenge to the rule, he said should focus on what the best reading of the statute is.

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Court Statute Stare Decisis Small Business 145

Conflict of Laws

APRIL 25, 2025

She deemed this differentiation to be of great importance to assess the applicable law: for extrinsic tokens, the statute of the represented asset must be considered. For instance, the rules of the United States UCC refer to the lex fori of the District of Columbia in absence of a choice of law as a fallback. Pursuant to Art.3(h)

Laws 64

Laws Legal Legal Court 64

SCOTUSBlog

APRIL 23, 2021

Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Factual and legal background. Guam is a 30-mile-long island located in the Pacific Ocean 3,800 miles west of Hawaii. United States. effective April 1899.

Statute 107

Statute Government Court Depositions 107

SCOTUSBlog

MAY 25, 2021

Court of Appeals for the District of Columbia Circuit held that Section 107(a) cost-recovery actions and Section 113(f)(3)(B) contribution actions are mutually exclusive. However, the court held that Guam’s contribution action was barred by a three-year statute of limitations that ran from the date of the settlement.

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Laws Statute Court Depositions 77

SCOTUSBlog

OCTOBER 30, 2021

The court should decide the case based on text, history, and tradition, the methodology it applied in District of Columbia v. New York finds solace in the Statute of Northampton (1328), which forbade any person to “bring no force in affray of the peace, nor to go nor ride armed” in certain places. Trouble is, Rex v.

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Court Statute Drafting Laws 103

The Crime Report

DECEMBER 5, 2022

For a large part of the history of the United States, domestic abuse was tolerated under the nation’s legal system. is in danger of backtracking on that legal framework precisely because of the nation’s historical legacy of turning a blind eye to domestic violence. But now, the U.S. A disregard for data.

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Court Rules Court Legal Legal 105

SCOTUSBlog

JANUARY 16, 2022

They raised numerous legal and factual issues, including whether the museum was an instrumentality of Spain, whether there was personal jurisdiction over the defendants, whether the elements of Section 1605(a)(3) were met, and whether the suit was timely filed. 1605(a)(3) ). The defendants moved to dismiss. Does Klaxon apply?

Tort 112

Tort Court Laws Litigating 112

SCOTUSBlog

APRIL 16, 2021

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. But the outcome could also have longer-term consequences for how, and from whom, Alaskan Natives receive essential services. First, some background.

Government 109

Government Contract Statute Education 109

ClimateChange-ClimateLaw

AUGUST 6, 2024

For background, in January 2024, Green Oceans filed a complaint in the U.S.

Construction 64

Construction Court Litigating Litigation 64

SCOTUSBlog

JUNE 20, 2024

23-900 Issue: Whether an award of the “defendant’s profits” under the Lanham Act can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates. Dewberry Engineers, Inc. , relisted after the June 13 conference) Seven County Infrastructure Coalition v. rescheduled before the Mar.

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Court Laws Government Real Estate 110

Patently O

APRIL 18, 2024

by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. ” But the copyright statute is different – it does not appear to expressly require a human author. The case, Thaler v. Perlmutter , No. 23-5233 (D.C. ” The U.S.

Statute 64

Statute Technology Laws Court 64

SCOTUSBlog

JULY 2, 2021

Premier Rehab Keller , a lawsuit filed in federal court in 2018 by Jane Cummings, who has been deaf since birth and is legally blind. Those cases (which, like the Maine school-funding case, are likely to be heard in the fall) are: Cummings v.

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Compensatory Damages Court Education Court Rules 130

JonathanTurley

DECEMBER 19, 2021

The reason is that these legislative measure are propelled by political rather than legal judgment. I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. In 2010, Chicago brought us McDonald v.

Manufacturing 36

Manufacturing Laws Litigating Litigation 36

SCOTUSBlog

MARCH 26, 2024

While universes seem to be colliding, James did file a “friend of the court” brief for New York and 22 other states (plus the District of Columbia) in this case, supporting the FDA. The statute doesn’t have this sort of safe harbor that you’re suggesting. Outside the court building, I bump into James and say hello.

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Court Manufacturing Legal Legal 104

FDA Law Blog

AUGUST 7, 2024

But recently, a new challenge was filed in the District Court for the District of Columbia questioning whether modifications to labeling as a result of patent protections—beyond the mere omission of language—are permissible under the section viii carve-out requirements.

Manufacturing 59

Manufacturing Statute Court Litigating 59

SCOTUSBlog

APRIL 19, 2024

The solicitor general now seeks review , supported by the District of Columbia and 20 states , which have filed a friend-of-the-court brief. Certain statutes permit the payment of “a reasonable attorney’s fee” to “the prevailing party” in litigation: 42 U.S.C. Next up is Lackey v. relisted after the Apr.

Felony 144

Felony Immigration Court Statute 144

SCOTUSBlog

NOVEMBER 2, 2021

Professors Robert Leider and Nelson Lund and the Buckeye Firearms Association write that the 1328 Statute of Northampton — a medieval English law that some gun-control advocates say reflects a centuries-long tradition of regulating weapon in public — merely prohibited carrying arms when doing so created public terror. Discriminatory Practice.

Statute 105

Statute Laws Contract Court 105

SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

Stare Decisis 141

Stare Decisis Court Statute Government 141

The Crime Report

SEPTEMBER 21, 2021

Court of Appeals for the District of Columbia Circuit. Fifty years ago, when I was working for the Legal Aid Society, I was struck by the vitality of the courtroom. Yale law professor] Monica Bell has a phrase for this, which I find very useful, which is “legal estrangement.” I thought it was politically astute.

Government 144

Government Court Laws Legal 144

The Crime Report

DECEMBER 1, 2022

Today, 44 states and the District of Columbia have laws aiming to protect fetal development from drugs or alcohol. 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.

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Laws Attorney Court Legal 126

SCOTUSBlog

JUNE 6, 2024

Facebook now petitions for review , supported by “friend of the court” briefs from law professors and former Securities and Exchange Commission officials , by the Chamber of Commerce and other industry groups , and by the Washington Legal Foundation. rescheduled before the Mar. Kentucky ex rel.

Court 101

Court Attorney Laws Government 101

SCOTUSBlog

OCTOBER 10, 2024

Court of Appeals for the District of Columbia Circuit. Judge Julius Richardson concurred in the judgment, asking the Supreme Court to clarify the legal tests governing the inquiry. 3583(e) , cross-references some, but not all, subprovisions of 18 U.S.C. Calumet Shreveport Refining, L.L.C. ,

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Court Lawyer Lawyers Real Estate 115

JonathanTurley

JUNE 22, 2024

Hunter and his legal team were counting on the Court striking down the federal gun law at issue in the case of United States v. Since the Court first recognized the Second Amendment as an individual right in District of Columbia v. The Court found the federal statutes imposing a reasonable temporary limitation on this right.

Court 59

Court Statute Felony Laws 59

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigation 72