SCOTUSBlog

JUNE 9, 2023

The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute.

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JURIST

NOVEMBER 30, 2022

Called the Alberta Sovereignty within a United Canada Act , the proposed legislation empowers the provincial cabinet to dismiss federal laws, programs, and policies. The current Albertan government has been a regular and vocal critic of the federal government’s emission reduction targets.

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SCOTUSBlog

OCTOBER 11, 2022

A federal appeals court threw out Rodney Reed’s federal civil rights lawsuit challenging the constitutionality of the Texas law governing DNA testing, explaining that Reed had filed his suit too late. But in a case in which the TCCA does grant rehearing, he added, the statute of limitations would start to run then.

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SCOTUSBlog

JUNE 3, 2021

Share The Supreme Court on Thursday rejected the government’s broad interpretation of a federal law that makes it a crime to “exceed authorized access” on a computer. The post Justices narrow federal computer-fraud statute appeared first on SCOTUSblog. Check back soon for in-depth analysis of the opinion.

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JURIST

AUGUST 3, 2023

The US Court of Appeals for the Ninth Circuit vacated a preliminary injunction that enjoined the enforcement of a Guam law requiring in-person consultations before obtaining an abortion. The court ruled that the law was valid under rational basis review. The case is an appeal from the US District Court for the District of Guam.

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JURIST

JUNE 24, 2023

1324(a)(1)(A)(iv) , a federal law that criminalizes the encouragement of illegal immigration, does not violate the First Amendment of the US Constitution. It does not “prohibi[t] a substantial amount of protected speech”—let alone enough to justify throwing out the law’s “plainly legitimate sweep.” Hansen that 8 U.S.C.

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JURIST

JULY 19, 2022

Human Rights Watch (HRW) Tuesday published a call for India to end its controversial sedition law. The sedition law is a statute from the colonial era when India was controlled by the United Kingdom. ” More recently, HRW claims Prime Minister Narendra Modi has used the law to punish activists and protesters. .”

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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The Crime Report

FEBRUARY 27, 2023

On Monday, the Supreme Court heard arguments in a case set to decide whether a defendant has to actually “steal an identity,” under at least common understanding of what that means, to be convicted of aggravated identity theft under federal law. Now, the court is set to decide if that qualifies as identity theft under the law.

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JURIST

NOVEMBER 17, 2023

The US Supreme Court, in a split decision, issued a brief statement on Thursday refusing to reinstate a Florida law that targets drag shows. A lower court order previously prohibited the law from coming into effect. ” Anyone found to be in violation fo the law would be charged with a misdemeanor.

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JURIST

DECEMBER 4, 2022

Danielle Smith, who took office as the new Premier of the western Canadian province of Alberta in October, said Saturday that her government is considering revising the provisions of the proposed provincial Sovereignty Act which would empower the provincial cabinet to unilaterally rewrite laws without legislative approval.

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SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. United States that Section 922(g) requires the government to prove that the defendant knew he was prohibited from possessing a firearm. Share On Tuesday, the court heard argument in Jones v.

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JURIST

FEBRUARY 21, 2024

Myanmar law students are reporting for JURIST on challenges to the rule of law in their country under the military junta that deposed the civilian government of Aung San Suu Kyi in February 2021. Women who stand to be conscripted have been especially worried and devastated by this law.

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JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional. United States v.

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JURIST

AUGUST 6, 2023

Chin ruled that the plaintiff’s First Amendment Free Exercise Clause challenge to the law failed because the law is neutral and satisfies rational basis review. Chin found that the law’s legislative history does not contain “hostility” to religious believers. Circuit Judge Joseph F.

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SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

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SCOTUSBlog

OCTOBER 5, 2022

McDonough , a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Thus, the presumption should not apply.

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JURIST

JANUARY 22, 2021

The Thai government filed a criminal complaint against political leader Thanathorn Juangroongruangkit Wednesday, citing crimes against the monarchy. He criticized the government’s administration of recently developed COVID-19 vaccines. Prosecutors filed the complaint under Thailand’s Lese Majeste Law.

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JURIST

JANUARY 22, 2024

The Philippines became a party to the Rome Statute , the founding treaty of the ICC, in November 2011. However, it withdrew from it in 2018 in accordance with Article 127 of the statute. Following the commencement of the preliminary examination, the Philippines subsequently withdrew from the statute.

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JURIST

JANUARY 3, 2024

The US Department of Justice (DOJ) sued Texas and Governor Greg Abbott in his official capacity on Wednesday over a state law that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is usually a federal matter. Last month, Abbott signed SB 4.

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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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JURIST

FEBRUARY 20, 2021

A Russian court convicted political activist Anastasia Shevchenko Thursday, finding that she had violated the country’s “undesirable organizations” law through her involvement with a pro-democracy group. Officials first brought the case in January of 2019, when the government contended Shevchenko violated Article 284.1

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SCOTUSBlog

NOVEMBER 8, 2021

Representing the FBI, Deputy Solicitor General Edwin Kneedler told the justices that the state-secrets privilege, which allows the government to withhold sensitive information in litigation, is “critical to safeguarding the national security.” The whole point of this” law, Roberts said, is to “keep the information from being used.”

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FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

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The Crime Report

JANUARY 3, 2023

Ukrainian President Volodymyr Zelensky has signed a new law that expands the government’s power to regulate media groups and journalists in the country, Brad Dress reports for The Hill. OCCRP will ignore the law and will continue reporting as it does in Russia. Unwarranted. You’re in bad company Zelensky.” .

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

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JURIST

MARCH 24, 2023

The court’s finding rejected the argument of the plaintiff in the case, the Law Offices of Crystal Moroney P.C., The Appropriations Clause states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” In the US, Congress, instead of the executive branch, controls government funding.

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SCOTUSBlog

NOVEMBER 3, 2023

In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. Under the federal statute governing these contracts, tribes can then keep third-party insurance revenue so long as they spend it on health care. On appeal, the U.S.

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ClimateChange-ClimateLaw

NOVEMBER 6, 2023

City of New York , a 2022 lawsuit brought by a group of cooperative apartment and other building owners seeking to invalidate Local Law 97 of 2019 , New York City’s building performance standard to reduce greenhouse gas emissions from the City’s largest buildings. But it also offers a broader primer to local governments elsewhere.

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Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

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Patently O

APRIL 1, 2022

Government employees are not available to accept private clients or to represent clients other than their agency before the United States Patent and Trademark Office.” ” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations.

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JURIST

NOVEMBER 7, 2023

The government will now only be able to prosecute the company for failure to report suspicious prescriptions after October 2018, when the Controlled Substances Act (CSA) was amended. US District Court Judge Jerry Pappert limited the liability of opioid distributor Cencora (previously known as Amerisourcebergen) on Monday in the case US v.

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JURIST

MARCH 8, 2023

The US District Court for the Western District of Missouri Central Division Tuesday ruled that a Missouri law attempting to invalidate federal firearm laws within the state is unconstitutional. ” The court ruled that SAPA violates the Supremacy Clause because it tries to invalidate federal law. Specifically, Judge Brian C.

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At the Lectern

JUNE 22, 2023

County of Riverside today holds a broad government immunity statute isn’t as broad as many Courts of Appeal have been construing it. Government Code section 821.6 Government Code section 821.6 With a wholesale disapproval of lower court opinions and a reaffirmance of one of its own, the Supreme Court in Leon v.

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SCOTUSBlog

MARCH 24, 2023

1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing unlawful immigration,” violates the First Amendment’s guarantee of free of speech. The federal government came to the Supreme Court, which in December agreed to weigh in. Hansen , the Supreme Court will consider whether 8 U.S.C. unnecessary.

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Immigration Laws Government Statute 121

SCOTUSBlog

NOVEMBER 16, 2023

Share A divided Supreme Court on Thursday denied Florida’s request to allow it to temporarily enforce a law that makes it a misdemeanor to allow children at drag performances. The brief unsigned order means that the state cannot apply the law anywhere in the state while a Florida restaurant’s challenge to the law continues.

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Day on Torts

NOVEMBER 4, 2021

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn.

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