Attorney at Work

JULY 22, 2021

I’ve written attorney general opinions and recently wrote an academic law review article about how AI will transform government social services and court systems. What the average person doesn’t realize about court systems is that they are not like the TV show ‘Law and Order.’

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SCOTUSBlog

JANUARY 23, 2023

The problem for Arellano was that a federal statute, 38 U.S.C. Court of Appeals for the Federal Circuit found that equitable tolling was not available to Arellano, but was split on whether the Section 5110(b)(1) was a statute of limitations, which presumes the availability of equitable tolling. The court also looked to United States v.

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SCOTUSBlog

JANUARY 11, 2022

It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. Partly because of the circuit split and partly because of the statute’s lack of clarity, this could be a close case. Department of Veterans Affairs. How can the presumption be rebutted?

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SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. Kannon Shanmugam argues for BP and other fossil fuel companies (Art Lien).

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SCOTUSBlog

FEBRUARY 26, 2024

And although that does not mean that social media platforms are “immune from government regulation,” she continued, “[t]hese state laws which restrict the speech of the platforms to enhance the relative voice of certain users don’t withstand constitutional scrutiny.” But Justice Brett Kavanaugh also appeared unconvinced.

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At the Lectern

NOVEMBER 2, 2021

Malcolm Maclachlan reports in today’s Daily Journal about impending state legislation to change the name of the UC Hastings law school because of recent focus on the institution’s founder, Serranus Hastings. In 1878, he donated $100,000 of his considerable wealth to found Hastings College of Law. 276-280, 348-350.).

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SCOTUSBlog

OCTOBER 6, 2023

Perhaps some of the justices will even enjoy a return to their law-school days, as they consider whether state or federal law should govern the enforceability of maritime choice-of-law clauses. So exactly why would that question ever matter?

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LawSites

MARCH 11, 2024

The other is the continuing lack of public access to the law. For both primary and secondary legal materials, many remain under the commercial lock and key of major publishers, or under dubious claims of copyright by government entities, or so disparately and poorly organized as to be effectively inaccessible.

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Patently O

JUNE 10, 2024

That statute provides: ” When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.” ” The CAVC’s scope of review is governed by 38 U.S.C. Shinseki , 562 U.S.

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Patently O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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ClimateChange-ClimateLaw

MAY 8, 2024

Climate change is also affecting a growing number of legal practice areas, including business and corporate governance, real estate, land use, insurance, immigration, and employment law. But obviously, a great deal of work remains to be done—by bar associations, law schools, law firms and other law organizations, and lawyers.

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Conflict of Laws

OCTOBER 23, 2023

Unsurprisingly, the cruise then spawned an inquiry and a class action against Carnival plc (Carnival) as charterer and operator of the Ruby Princess, and Princess Cruise Lines Ltd, the Bermuda-registered subsidiary and vessel owner. Statute has left little of the common law untouched.

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JonathanTurley

MARCH 20, 2021

The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. . Sharma was targeted at UNC Law School because he would not agree that a recent exchange between law students involved a racial insult. First is SBA By-Law 11.2

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Conflict of Laws

JULY 19, 2021

Moderator: Francois Kristen , Professor, Utrecht University School of Law. Extraterritoriality in the Global Governance of Corruption: Legal and Political Perspectives. Storey Distinguished Faculty Fellow and Professor of Law, SMU Dedman School of Law. Antitrust and Competition Law. Dodge , John D.

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JonathanTurley

JANUARY 29, 2022

He is now suing the school over his treatment, including the required participation in sensitivity training and denial of a standard pay increase for faculty. Without communicating with Plaintiff or any other person with firsthand knowledge, the BTAT authorized the law school dean to take the most extreme measures.

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Paralegal-Edu.Org

FEBRUARY 21, 2025

Youll find them in corporate legal departments, government agencies, private law firms, and even nonprofits. Sometimes folks jump straight into paralegal work, while others aim directly for law school. Its less expensive than law school, and the time commitment is shorter. Sound glamorous?

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ClimateChange-ClimateLaw

MAY 23, 2018

The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. At the moment, it’s pretty messy out there.

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Conflict of Laws

JULY 13, 2023

Hons) student at the National Law School of India University(NLSIU), Bengaluru and line editor at the National Law School Business Law Review (NLSBLR) I. The text of s 11 (governing arbitrability) does not specify and hence limit the law determining public policy to Lex Fori.

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Conflict of Laws

AUGUST 24, 2023

This post is by Carlos Manuel Vázquez , a professor of law at Georgetown Law School. Supreme Court last summer, the case is now before the Ninth Circuit for decision of the legal question that is likely to be decisive: which law governs? It is cross-posted at Transnational Litigation Blog.

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Conflict of Laws

AUGUST 14, 2023

Instead, the CAS may accept a sports related dispute if the statutes or regulations designate that it has jurisdiction. He considered the example of a jurisdictional provision of a privacy statute of British Columbia in matters with a foreign element. the GDPR) should apply.

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Conflict of Laws

SEPTEMBER 15, 2024

and English courts do not give effect to foreign blocking statutes, like the French Blocking Statute, but have ruled in favor of disclosure of documents and information. Blurry boundaries of public and private international law: towards convergence or divergent still? 3] Collins argued that in practice, U.S.

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Conflict of Laws

OCTOBER 1, 2024

By Ananya Bhargava, Jindal Global Law School, OP Jindal Global University, India. The ADA included an Arbitration clause with New Delhi as the venue of arbitration and the Arbitration and Conciliation Act, 1996 declared as the governing law. Which law governs Anti-Enforcement Injunctions?

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LawSites

DECEMBER 29, 2021

The court says: “TIKD simply lacks the skill or training to ensure the quality of the legal services provided to the public through the licensed attorneys it contracts with, nor does it possess the ability to ensure compliance with the Rules of Professional Conduct.”. Law schools will offer degrees at least partly online.

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At the Lectern

FEBRUARY 18, 2025

Horvitz & Levy is co-counsel for amicus UC Irvine law schools Consumer Law Clinic.) 3) Is it error to compel the City to comply with a statute that has been ruled unconstitutional by the United States Court of Appeals for the Ninth Circuit? Party briefing was completed in January 2021. 2) Does Penal Code section 148.6,

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LawSites

DECEMBER 29, 2021

The court says: “TIKD simply lacks the skill or training to ensure the quality of the legal services provided to the public through the licensed attorneys it contracts with, nor does it possess the ability to ensure compliance with the Rules of Professional Conduct.”. Law schools will offer degrees at least partly online.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. Moreover, the Supreme Court recently signaled again that states are free to enact environmental laws that may be beyond federal powers. [52] 2] See, e.g., Jacqueline M. Coffee, Jr.,

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SCOTUSBlog

JULY 21, 2021

The key topics included the confirmation process, term limits, transparency and disclosure, expanding the size of the court, and the court’s role in a constitutional government. Commissioners were interested in whether such a change could be effectuated by statute or whether a constitutional amendment would be necessary.

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JURIST

OCTOBER 25, 2021

India Staff Correspondent Sambhav Sharma, a final year law student at Amity Law School, reports on the Centre’s striking contention in the Delhi High Court today that Indian law still does not recognize same-sex marriages in India. This is precisely what the Central Government is now using as ammunition.

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SCOTUSBlog

OCTOBER 5, 2021

As Wooden’s counsel, Allon Kedem, remarked, the argument felt like a law school exam, with the justices presenting various hypotheticals to tease out what the different-occasions clause means. While the justices pressed both sides, there was one sticking point for the government that many justices kept returning to: United States v.

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Patently O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Law Review article titled “ The Permissibility of Acting Officials: May the President Work Around Senate Confirmation? Problem not solved, unfortunately.

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JonathanTurley

OCTOBER 25, 2021

The comments reflect a growing call for states and the federal government to reject any religious exemptions for vaccination. Instead, the federal government must show that the burden imposed furthers a “compelling governmental interest” and is “the least restrictive means” of furthering that interest.

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The Crime Report

SEPTEMBER 16, 2021

In fact, the Afghan government apparently worried about a “ crisis of confidence ” effect if some Afghans evacuated with the U.S. Russell Covey, a professor at Georgia State University College of Law who has studied plea bargaining, has outlined how this sentence “ceiling” tied to the best plea offer could work in practice.

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The Crime Report

AUGUST 6, 2021

Under the racketeering statute commonly referred to as Racketeer Influenced and Corrupt Organizations Act (RICO), which was designed to combat organized crime, prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise can occur. Kelly is the Godfather.”.

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JURIST

APRIL 15, 2024

Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? The party briefs mostly focused on the word “rewarded” in the statute. He asked Ms.

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Conflict of Laws

JUNE 7, 2023

Written by Christina Shin, University of Sydney Law School On 1 June 2023, International Children’s Day, the University of Sydney’s Centre for Asian and Pacific Law (CAPLUS) hosted an online webinar discussing the issue of children’s welfare and voices in private international law (PIL). Finally, Ms.

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SCOTUSBlog

APRIL 1, 2025

During nearly two hours of debate, the justices often seemed to be grappling with broader questions as well, such as the extent to which courts should defer to national-security and foreign-policy judgments made by the other branches of government. But Chief Justice John Roberts was unimpressed by the rule that the government was advancing.

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The Crime Report

AUGUST 3, 2021

“The Article I Appropriations Clause prohibits any Executive Branch official from disbursing funds except as provided by an act of Congress, and no statute authorizes this giveaway of the public’s money,” Larkin Jr. government is settled by a deposit into the U.S. and Smith write. Ordinarily, money owed to the U.S. and Smith write.

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