Patently O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit. The following comes from Edible’s brief: Edible’s claim is simple.

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Day on Torts

AUGUST 21, 2024

Apparently, at least in Georgia, Morgan & Morgan requires is clients to sign a fee agreements wherein the client waives the right to a jury trial in the event the client brings a claim against the firm for legal malpractice. Instead, the client must pursue any claim via arbitration. Continue reading

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JURIST

APRIL 12, 2025

” Article 75 of the Rome Statute mandates the ICC to issue reparations to victims of crimes under its jurisdiction, whether in the form of restitution, compensation, or rehabilitation. The reparations can be issued either individually or collectively. Prosecutor v. Dominic Ongwen was a landmark case before the ICC between 2016 and 2021.

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Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

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SCOTUSBlog

MAY 16, 2022

Immigration officials denied their request after finding that Patel intentionally misrepresented his citizenship on an application for a Georgia driver’s license. But the Supreme Court held that a federal immigration statute — 8 U.S.C.

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Trademark & Copyright Law

MAY 8, 2020

On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. Accordingly, copyright protection does not extend to annotations in the State of Georgia’s official code because of its “authors.”. Public.Resource.Org, Inc., The Court, applying logic from Wheaton v. Peters , along with Banks v.

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SCOTUSBlog

JUNE 3, 2021

United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years.

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Mondaq

SEPTEMBER 22, 2022

Georgia's current abandoned motor vehicle statute is an example of how these statutes. Many states have laws that provide "super liens" to facilities that tow, repair, and store vehicles.

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SCOTUSBlog

MAY 27, 2022

Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. After Holt , Georgia corrections allowed all inmates to grow half-inch beards. In Smith v. Issues : (1) Whether the U.S.

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SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. citizen” when applying for a Georgia driver’s license. That statute is known as the jurisdictional bar. Don’t those two presumptions kind of cancel each other out, and we’re left with just reading the statute as it’s written?”

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SCOTUSBlog

OCTOBER 1, 2021

Wooden pleaded guilty to 10 counts of burglary in Georgia state court and served an eight-year sentence. Moreover, says Wooden, the legislative history shows that Congress was targeting the “habitual offender” when passing ACCA, as the statute was designed to cover those “who made a career of exploiting distinct criminal opportunities.”

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JURIST

OCTOBER 17, 2024

According to the letter, thousands of young voters received a threatening text message with the admonition “WARNING,” cautioning them against violating Wisconsin Statutes 12.13 The two statutes respectively concern election fraud and the voting eligibility of former residents, and the text stated that violations could result in 3.5

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SCOTUSBlog

DECEMBER 3, 2021

He stated that he mistakenly marked “yes” in response to a Georgia driver’s license application question “Are you a U.S. Cardoza-Fonseca , Patel uplifts the doctrine of interpreting ambiguities in a statute in favor of the noncitizen. DHS found that he falsely represented himself to be a U.S. Finally, citing to INS v.

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JURIST

DECEMBER 6, 2021

The Department of Homeland Security (DHS), finding that Patel misrepresented himself as a US citizen in his Georgia driver’s license application, denied him adjustment and began deportation proceedings in 2012. The adjustment of status process is often used as a defense in deportation proceedings.

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Immigration Court Government Statute 186

LawSites

MARCH 11, 2024

Yet when Malamud and his organization Public.Resource.Org , sought to publish the official statutes of the state of Georgia, the state sued him , accusing him in its court filing of engaging in “terrorism.” holding that Georgia could not claim a copyright in the annotations contained in its official code.

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Law 360

JUNE 3, 2021

Supreme Court on Thursday found that a Georgia police officer did not breach federal computer fraud law by overstepping his authorized access to government records, raising concerns that the U.S. Department of Justice's reading of the statute could criminalize innocuous internet activity.

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SCOTUSBlog

MARCH 8, 2022

Share William Dale Wooden burglarized 10 units in a single storage facility, and pleaded guilty to 10 counts of burglary in Georgia state court. Gorsuch argued that historically, the rule of lenity has played an important constitutional role in protecting defendants from vague criminal statutes. The difference was not just semantic.

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JonathanTurley

NOVEMBER 19, 2022

Raphael Warnock’s campaign to allow early voting to begin on Saturday in Georgia’s Senate runoff election. Yet, despite this well-written decision, I still believe that the court is wrong to ignore the plain meaning of the statute. Fulton County Superior Court Judge Thomas A. Fredrick v. State, 181 Ga. 600 (1987).

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Law 360

SEPTEMBER 14, 2023

The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

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Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. The USPTO is now seeking comments on where the office should be located — and the methodology it should use in selecting a location. [ Fed Reg ].

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Statute Government 64

Law 360

SEPTEMBER 19, 2023

The Supreme Court of Georgia on Tuesday clarified that "recklessness" is a stand-alone exception to the state's repose statute in product liability cases and defined reckless conduct, answering two questions from a federal district court in a crash survivor's suit against Ford Motor Co.

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Court Statute 40

Day on Torts

FEBRUARY 24, 2021

4, 2020), plaintiffs lived in Georgia and had an umbrella insurance policy that included $2,000,000 in excess uninsured motorist coverage. The trial court agreed, granting summary judgment, but the Court of Appeals ruled that this statute was not intended to “apply to actions against an insurance agent.” In Parveen v. 3d 113 (Tenn.

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JURIST

MAY 26, 2021

A US federal judge ruled Monday that Georgia’s anti-BDS law, which prohibits state contractors from boycotting Israel, violates the First Amendment and the due process clause of the Fourteenth Amendment. ” The post Federal judge finds Georgia anti-BDS law unconstitutional appeared first on JURIST - News - Legal News & Commentary.

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Laws Statute Contract Court Rules 287

SCOTUSBlog

OCTOBER 4, 2022

Justice Clarence Thomas, asking whether any bodies of water were excluded from the statute, notes that he grew up “in low country Georgia and you had standing water. “If I say there are two adjacent apartment buildings, do they have to be touching each other?” That was normal.”.

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Law School Statute Court Drafting 101

The IP Law Blog

APRIL 28, 2022

The Van Buren case involved a former Georgia police officer who, in exchange for money, would use the computer in his patrol car to access the law enforcement database to retrieve information about requested license plate numbers. Supreme Court, Van Buren v. United States , 141 S.Ct. 1648 (2021).

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The Crime Report

JULY 22, 2021

In a forthcoming paper in the Georgia State University Law Review, Thea Johnson argues that lying is at the heart of a plea bargaining process that “allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system.”.

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Misdemeanor Laws Lawyers Lawyer 122

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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Conflict of Laws

AUGUST 2, 2021

On 1 July 2021, Mongolia deposited its instrument of acceptance of the Statute, becoming the 89th Member of the HCCH. On 30 July 2021, the HCCH 1970 Evidence Convention entered into force for Georgia. Membership. More information is available here. Conventions & Instruments . It currently has 120 Contracting Parties.

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SCOTUSBlog

JANUARY 12, 2021

The Supreme Court heard oral argument on Tuesday in the case of a Georgia student who was stopped from handing out religious literature and speaking about his faith on the campus of his public college. Those statutes deter wrongdoers in the regulated industries and allow consumers to vindicate their rights.

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SCOTUSBlog

JUNE 27, 2022

But the Texas statute, and the rationales set forth in English and Duke , are outliers.” . “We acknowledge,” Thomas wrote, “that the Texas cases support New York’s proper-cause requirement, which one can analogize to Texas’ ‘reasonable grounds’ standard.

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Constitutional Law Reporter

JUNE 29, 2021

Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. Facts of the Case.

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SCOTUSBlog

APRIL 28, 2022

The chief justice and the court’s newest justice, Amy Coney Barrett (who was not on the court for McGirt and may be a pivotal vote in this case), seemed intent on reading the GCA in a vacuum, pointing out that the statute does not affirmatively strip states of powers in Indian country. Georgia (1832).

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Government Court Criminal Law Statute 98

JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. He found that: Because O.C.G.A. § O.C.G.A. § ” O.C.G.A. 50-5-85-85(a).

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Broadcast Law Blog

JANUARY 29, 2023

While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.

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Sports Manufacturing Statute Laws 98

Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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CARET Legal

JULY 19, 2024

“Missed deadlines can include missed statutes of limitations, missed deadlines to obtain alias and pluries summons, missed discovery deadlines, and missed appellate deadlines. In Georgia, a missed filing deadline cost one firm $530,000 in damages.

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Calendaring Law Firms Law Firm Legal Technology Solution 98

JonathanTurley

NOVEMBER 8, 2022

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted.Fetterman is challenging the state law on constitutional and federal statutes.

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