JURIST

OCTOBER 28, 2024

The program is only available to voters in certain swing states, including Georgia, Arizona, and Pennsylvania. ” There may be a grey area in the statute, but since a lawsuit has been filed, the court can provide a clear answer on the legality of the petition. He’s paying them to sign the petition.”

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Attorney Criminal Law Statute Litigating 211

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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Law Firm Law Firms Legal Legal 95

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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Statute Litigating Litigation Court 40

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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Statute Laws Government Contract 123

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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Immigration Court Statute Attorney 145

SCOTUSBlog

APRIL 22, 2022

1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights. Georgia, by contrast, argues that Nance must bring the Eighth Amendment claim under the federal habeas statutes.

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Litigating Litigation Statute Constitutional Law 107

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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Government Court Legal Legal 52

JURIST

DECEMBER 11, 2020

Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult woman, respondents argue that they could not, in fact, have been sentenced to death, and therefore the statute of limitations for their crimes. Because this Court held in Coker v. And in these cases, context is determinative.

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Court Rules Court Statute Laws 128

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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Statute Laws 40

The Crime Report

DECEMBER 7, 2022

The 21st Session of the Assembly of State Parties to the Rome Statute of the International Criminal Court opened Monday in The Hague, The Netherlands, and will run through Saturday, December 10. . It was signed at a conference in Rome in 1998 and in 2022, 123 states are active state parties. .

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Court Statute Lawyers Lawyer 105

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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Statute Stare Decisis Court Manufacturing 106

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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Immigration Court Statute Government 134

The Crime Report

JUNE 29, 2022

Georgia halted the death penalty across the country in response to a set of capital punishment cases. The decision forced federal and state governments to review their statutes to ensure that administration of the death penalty did not discriminate and was applied consistent to the Eight Amendment, prohibiting cruel and unusual punishment.

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Court Rules Court Statute Government 96

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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Felony Statute Government Court 131

SCOTUSBlog

JUNE 23, 2022

Michael Nance, who is on death row in Georgia, pled a firing squad, which would have required the state to amend its execution-implementation provision. The court also noted that, if Georgia had prevailed, that result would imply that Ramirez v. But Texas had to change a regulation, not a statute.). Emphasis in original.)

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Litigating Litigation Statute Court 96

SCOTUSBlog

MAY 19, 2022

First, the applicant must meet precise eligibility requirements under a federal statute. While his application was pending at the Department of Homeland Security, Patel filed an application to renew his Georgia driver’s license and marked the box “U.S. In interpreting a neighboring statute, 8 U.S.C.

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Immigration Court Statute Government 107

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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Diligence Statute Government Misdemeanor 84

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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Statute Attorney Laws Court 104

SCOTUSBlog

DECEMBER 10, 2021

In 2012, a jury in Georgia convicted and sentenced Rodney Young to death for killing the son of his estranged girlfriend, rejecting his claim that he was intellectually disabled. In Georgia, a defendant invoking Atkins v. Amwins Brokerage of Georgia, LLC. Intellectual disability and the death penalty. The case is Young v.

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Stare Decisis Court Court Rules Legal 98

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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Immigration Statute Government Court 141

SCOTUSBlog

APRIL 27, 2022

When must state prisoners alleging unconstitutional execution methods use habeas corpus petitions, and when may they proceed under the more general civil rights statute, 42 U.S.C. Georgia wants the court to prohibit the Section 1983 litigation, but the state seemed to have a formidable skeptic: Justice Brett Kavanaugh.

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Court Litigating Litigation Statute 75

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

SCOTUSBlog

DECEMBER 17, 2021

Georgia , the Supreme Court laid out four requirements for a court to consider before closing a courtroom to members of the public, including ensuring that the closure is no broader than necessary and making specific factual findings. Closing courtrooms over defendants’ objections. In Waller v. Williams v. United States.

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Statute Government Court Immigration 89

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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Government Laws Statute Court 52

The Crime Report

SEPTEMBER 2, 2022

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. Others – Georgia, Florida and Texas – chose a different path, retaining the punishment but guiding discretion by narrowing and specifying the class of death-eligible crimes.

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Statute Lawyers Lawyer Court 105

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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Felony Statute Court Construction 108

JonathanTurley

OCTOBER 11, 2021

Watson was best known for his hateful writings, including his opposition to save Leo Frank, a Jewish factory manager accused of raping and murdering a girl.

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Statute Court 41

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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Statute Court Decisions Court 40

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

SCOTUSBlog

OCTOBER 12, 2023

Natural Resources Defense Council , holding that courts should defer to a federal agency’s interpretation of a statute as long as that interpretation is reasonable, for argument in December. Georgia (Nov. Raimondo , in which they will revisit their landmark ruling in Chevron v. United States ) (Nov. McElrath v.

Calendaring 71

Calendaring Manufacturing Statute Court 71

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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Statute Contract Court Laws 59

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

MARCH 28, 2022

Georgia , the Supreme Court relied on this language to allow a suit against Georgia by an out-of-state creditor. The Georgia House responded by passing a bill providing that anyone seeking to enforce Chisholm would be “guilty of a felony and shall suffer death, without benefit of clergy, by being hanged.”).

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Court Government Statute Felony 86

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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Statute Court Felony Technology 98

The Crime Report

APRIL 21, 2022

Louis lawyer who was arrested for pointing guns at Black Lives Matters protesters in 2020, and the three white men who were charged with chasing down Ahmaud Arbery in Georgia and killing him while he was out for a jog have sparked this movement. The criminal cases of Mark McCloskey , a St. The “Stand Your Ground” law failed me.

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Laws Legal Legal Statute 111

Constitutional Law Reporter

SEPTEMBER 22, 2021

Realtor associations and rental property managers in Alabama and Georgia sued to enjoin the CDC’s moratorium. The CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination,” the Court wrote. “It

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Court Statute Constitutional Law Government 105