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Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. Texas Entertainment Association, Inc.
The oil companies contended that Baltimore was seeking to hold them liable for their exploration for and production of fossil fuels at the direction of federal officials – for example, when they produced fossil fuels offshore under leases with the government that gave the government significant control over some parts of the companies’ operations.
That provision operates much like FOIA (the federal Freedom of Information Act) by obligating the government on request to grant access to many if not most categories of public documents. The dispute in question involves a provision in Puerto Rico’s constitution that guarantees access to public information.
Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The general federal jurisdiction statute ( 28 U.S.C. Share Monday’s arguments in Axon Enterprise v. Federal Trade Commission and Securities and Exchange Commission v.
The government argued that “encourage or induce” should be read narrowly to mean to aid and abet or solicit, including an intent requirement, and the court peppered Principal Deputy Solicitor General Brian Fletcher with hypotheticals he sought to avoid. Justice Sonia Sotomayor appeared the most skeptical of the government’s construction.
Applications of AI in law AI applications in law are wide-ranging and can include: Legal research and analysis AI-powered platforms can quickly scan and analyze large volumes of legal documents, statutes, case law, and regulations to provide relevant information and insights to lawyers and judges.
The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. However, the board also found that the government had successfully rebutted this presumption.
Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. The Government claims that the easement includes public access, which petitioners dispute. In Wilkins v. United States , 598 U.S. _ (2023), the U.S.
Although it required invention in name, it was really just becoming a replacement to monopolies barred by the Statute of Monopolies (1624). . The exclusive privileges authorized by that statute and our own are but modifications of the monopolies and grants by which the people of every quarter of the globe have, for ages, been oppressed.
Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation.
The PhRMA Code is updated periodically to reflect changes in industry norms or, as is likely the case with the latest revision, in response to political pressure or increased scrutiny from the federal government. the venue should not be a luxury resort, high-end restaurant, or other entertainment, sporting, or recreational venue).
The question put to the ICJ must be a legal question within the meaning of the Statute of the Court and the UN Charter as opposed to a political question. The rules governing written proceedings are quite flexible.
When assessing impact materiality, companies are expected to consider the needs of all their “stakeholders” – which include “civil society, NGOs, governments, analysts and academics”. and Sony Music Entertainment Inc.), (b) active in California or New York, or (c) U.S. federal government contractors. headquartered.
GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”. Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case.
The court wants a Court of Appeal opinion on the constitutionality of a state statute barring public employers from discouraging union membership. He argued that the statute criminalizing his conduct violates the Second Amendment. Clark about the legislation’s application. Lopez already has its own grant-and-hold.
These uncertainties are drawbacks on whatever reforms the Nigerian government might have been carrying out in the area of trade and investment. Mandatory statutes. Some Nigeran statutes confer mandatory jurisdiction over some subject matters on Nigerian courts. There is also the tendency to have inconsistent judgments.
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.” Dirty World Entertainment. 47 U.S.C. § A gossip blog, The Dirty, appealed the decision of U.S.
Lexington Insurance Company is a grant-and-hold for Another Planet Entertainment v. ” The Probate Code statutes concern compensation for personal representatives of estates and for the representatives’ attorneys. ” (Link added.) Vigilant Insurance Co. ” (Links added.) Criminal case grant-and-holds.
Youll find them in corporate legal departments, government agencies, private law firms, and even nonprofits. Most lawyers spend far more time behind a desk, poring over statutes, drafting briefs, and consulting with colleagues. Both paralegals and lawyers contribute significantly to the legal process. Sound glamorous?
The size of the proposed community of license versus that of the metropolitan area. These new rules, which will make many applications more costly to prepare, and will make challenges to proposals much more time-consuming to defend, solve problems that simply don't exist.
However, the Commission felt that the the statutegoverning the digital TV transition requires hard deadline, not one that might float indefinitely. The FCC recognized that setting this hard deadline could require some LPTV stations to have to change channels again after any such repacking.
The question before the court was whether the Federal Service Labor-Management Relations Statute applies to dual-status technicians working for the Guard. The FSLMRS establishes a comprehensive framework governing those rights in federal agencies. But it reached this conclusion solely on statutory grounds.
How do you convert that into a statute that is focusing on the debtor?”. For Kagan, Harris’s discussion seemed “to be saying that Congress is just careless when it writes this statute.” As Kagan went on to explain, though, congressional carelessness doesn’t suggest a vote for Harris: “There are some statutes where Congress is careless.
The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.
The PTE statute at 35 U.S.C. § The PTO said no: “the application does not set forth any activities undertaken by the ‘applicant’ — the patent owner or its agent, as required by the statute.” ( see also Hoechst-Roussel Pharms., We hope that it has been an informative—and hopefully an entertaining—ride. Lehman , No. 95-650-A (E.D.
HDI Global Insurance Company is another grant-and-hold for Another Planet Entertainment v. Government employment grant-and-hold. Justice Groban wrote, “I. ” COVID insurance grant-and-hold. Endeavor Operating Company v. Vigilant Insurance Co. — and has granted-and-held others. See here , here , here , and here.)
Share A trade group for the adult entertainment industry will appear at the Supreme Court on Wednesday in its challenge to a Texas law that requires pornography sites to verify the age of their users before providing access for example, by requiring a government-issued identification. Applying rational basis review to H.B.
Several justices expressed concern that because the penalties that flow from violations of the statute are both significant and broadly applicable, it will “chill” conduct: No one will be willing to challenge the law through that path, reducing the likelihood of federal court review. Kavanaugh also asked Stone about S.B. 8 differently.
There is an interesting free speech ruling in Texas in favor of the adult entertainment site, Pornhub. The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it] Governments often target the least popular forms of speech. Senior U.S.
BADC cites the late Justice Scalia’s admonition that courts must avoid interpretations “[incompatible] with the reason [and] purpose of the statute.” Section 2(b)(2)(B)’s specific mandate overrides the APA’s general exception under the canon that “the specific governs the general.” ” 5 U.S.C. §
Last month it granted the petitions filed by the federal government and by a group of schools and libraries seeking to challenge the decision of the U.S. A short explanation of relists is available here. The Supreme Court is continuing to work through its relisted cases. Skrmetti , argued on Wednesday. Palestine Liberation Organization.
United States , 12-862 , giving Justice Clarence Thomas time to prepare a dissent from the denial of cert, in which he argued that Feres conflicted “with the plain meaning of the statute,” which is “a sweeping waiver of sovereign immunity.” Fast forward to 2019, when the court relisted Daniel v. Corlett , 20-843. Allen v.
In their attack on the statutory text, the plaintiffs argue that cancellation constitutes a “breathtaking assertion of power and a matter of great economic and political significance” sufficient to demand a clearer expression of congressional intent than that in the statute.
The ordinances governing concealed carry outside the home in D.C. gun laws as well as the law governing the use of deadly force, plus another two hours of range instruction. gun-possession laws, as well as the basic principles governing armed self-defense, was extremely valuable before one carries in public.
Through the years, the Supreme Court has faced many cases in which state statutes have limited the activities of national banks, and it has held that the National Bank Act preempted many, though certainly not all, of those local enactments. Tuesday’s Cantero v.
The federal government has presented scant evidence that eighteen-to-twenty-year-olds firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban, and its 19th century evidence cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence.
Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations. The jury will be reminded that the burden is on the government, not the defense. The government could have called Weisselberg, but did not. If any leg is missing, the stool collapses.
Law has become a recreation and legal analysts have become part of the legal entertainment. Even if the prosecutors could find a basis for establishing intent, they would still be pushing fraud statutes beyond an intelligible limits without more direct evidence of intent. This is legal entertainment. McNally, 483 U.
4] In particular, the mark “is political commentary about [Trump’s] refutation at the March 3, 2016 Republican debate of presidential candidate Marco Rubio’s insinuation that Donald Trump has a small penis”; and “is also political commentary about the smallness of Donald Trump’s overall approach to governing as President of the United States.” [5]
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