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What constitutes “identity theft”?

SCOTUSBlog

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

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Beards and Brady (i.e., religious freedom and criminal procedure)

SCOTUSBlog

After Blankenship had already paid a $250,000 fine and served one year of imprisonment for a misdemeanor (the jury acquitted him on all felony counts), the government disclosed 61 witness interview reports. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C. In Blankenship v.

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The first relists of October Term 2022

SCOTUSBlog

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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Reschedule Watch: Birthright citizenship and torts to members of the armed forces

SCOTUSBlog

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc. 28 and Oct.

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Intellectual property and Navajo water rights

SCOTUSBlog

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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Supreme Court takes three cases and depublishes three opinions; dissenting votes in four review denials

At the Lectern

Maryland (1963) 373 U.S. Division Six concluded an erroneous felony-murder instruction was harmless. ” (Emphasis added.) A divided unpublished Fifth District opinion affirmed convictions for lewd acts on a minor and found harmless the superior court’s mistaken interpretation of a sentencing statute.

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July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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.” Supreme Court determined was preempted in Hughes v.

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