SCOTUSBlog

JUNE 23, 2023

In 2018, the Moores learned that under the 2017 law, they had to pay a one-time tax for their share of the company’s lifetime earnings in the amount of $14,729. McDonough involves the entitlement of veterans to educational benefits under two statutes: the Montgomery G.I. Rudisill v. Bill and the Post-9/11 G.I. The Montgomery G.I.

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SCOTUSBlog

FEBRUARY 16, 2024

Washington’s bipartisan redistricting commission redrew the state’s 49 legislative districts, including Legislative District 15, a semi-rural district east of Yakima, and the map was enacted into law. Washington initially defended the district’s lawfulness but later conceded that its lines were invalid. The suit now known as Trevino v.

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Court Laws Statute Court Decisions 117

The IP Law Blog

JANUARY 18, 2024

While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO. But there are exceptions and exclusions under patent law. For example, courts have found that abstract ideas, natural phenomena, and laws of nature are not patentable. A patent protects an invention.

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Manufacturing Laws Statute Technology 113

ClimateChange-ClimateLaw

JUNE 14, 2023

Photo credit: GRIDArendal on Visualhunt Antitrust – a previously dormant area of law and federal enforcement – has reached a new zenith in recent years. Antitrust law defines guardrails to address boycotts led by corporations. What is a Boycott, according to antitrust law? What actions, and what changes, are inspired?

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Finance Government Laws Legal 105

SquirePattonBoggs

SEPTEMBER 18, 2023

Yes, recent law grads, that is the same Carpenter decision you read in your constitutional criminal procedure class.) Judge Griffin supported his reading with the familiar canon positing that, when courts interpret statutory language using common-law terms, courts “presume that Congress employs their common-law meaning.”

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Statute Court Laws Government 64

FDA Law Blog

DECEMBER 12, 2022

The Kentucky AG uniquely adds that FDA’s proposal improperly interferes with the Commonwealth’s exercise of supervisory authority over its physicians, including statutes addressed to obtaining informed consent. This document is intended only to provide clarity to the public regarding existing requirements under the law.”

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Drafting Manufacturing Legal Legal 52

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. See our post on the Broadcast Law Blog for more information.

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Government Legal Legal Statute 59

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The site was sued by Sarah Jones, an ex-Bengals cheerleader and a former high school teacher in northern Kentucky, who was libeled on the site by commentators. For Civil Rights Under Law, Inc.

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JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. Failure to comply with the law is a class B misdemeanor punishable by up to six months in prison and $1,000 in fines.

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SCOTUSBlog

OCTOBER 12, 2021

In Cameron , the justices are considering whether the Kentucky attorney general can intervene to defend a state law restricting abortion after another state official declined to do so. The law at the heart of the case, H.B. Kentucky Attorney General Daniel Cameron. Court of Appeals for the 6th Circuit agreed.

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SCOTUSBlog

JUNE 3, 2024

United States , the justices agreed to weigh in on a federal sentencing law that imposes a mandatory minimum sentence for anyone who carries a gun during a “crime of violence.” In Delligatti v. After considering the case at two consecutive conferences, the justices turned down Granier’s petition without comment.

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Statute Court Laws 121

Constitutional Law Reporter

MARCH 21, 2022

Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. The secretary remained in the case and defended the challenged law. Facts of the Case.

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SCOTUSBlog

MARCH 11, 2024

At issue in this case are two separate laws. Enacted amid the destruction of Pueblo ruins in southwestern states, the first law, the Antiquities Act of 1906 , gives the president the power to designate areas of land owned or controlled by the federal government as national monuments and protect them from development. But the D.C.

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SCOTUSBlog

SEPTEMBER 3, 2021

North Carolina State Conference of the NAACP addresses the ability of North Carolina legislators to defend the state’s voter-ID law from lawsuits under the Constitution and the Voting Rights Act. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigation Litigating Court Attorney 108

SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. The structure and history of the statute were also in harmony with the first definition. 20-56174, 2022 U.S. LEXIS 12657, at *16 n.6

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SCOTUSBlog

APRIL 19, 2024

In 2019, police on bicycle patrol in Lexington, Kentucky, observed two men at a park bench exchange cash for what they believed to be a joint containing synthetic marijuana. A Kentucky appeals court agreed with Bembury that the search was likely unconstitutional. But the Kentucky Supreme Court reversed and upheld his conviction.

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SCOTUSBlog

JANUARY 23, 2024

But the law caught the attention of a number of states and industry players, which have been fighting it in court ever since. Although the FTC formally publishes the authority’s rules, unless those rules violated the 2020 law or another FTC regulation, however, it was unable to override them. In Oklahoma v.

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SCOTUSBlog

JUNE 20, 2024

The relevant provision applies to all service “pursuant to a call or order to active duty” under a number of specifically enumerated provisions of law, as well as under “any other provision of law during a war or during a national emergency declared by the President or Congress.” The applicable law may be state law.

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The Crime Report

APRIL 8, 2022

In a conversation with The Crime Report , Canon, a civil rights lawyer who teaches at the University of Louisville in Kentucky, discusses the class-based origins of the plea bargaining process, how bad prosecutors and poor defense attorneys further distorted the process, and why reforming it will be so difficult.

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Stare Decisis Lawyer Lawyers Legal 139

SCOTUSBlog

JUNE 15, 2023

He thought it was irrelevant that the American Psychiatric Association had changed its diagnoses since that time; to hold otherwise, he said, would be to “give organizations like the APA the power to effectively modify statutes passed by Congress and signed into law by the President. That cannot be right.”

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SCOTUSBlog

JUNE 29, 2023

22-510 Issue : Whether, when officers put a handcuffed and shackled person face-down on the floor and pushed into his back until he died, they are they entitled to qualified immunity as a matter of law because the person struggled to breathe before dying. That last case, United States v. Louis, Mo. ,

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JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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Tort Litigating Litigation Construction 47

JURIST

NOVEMBER 13, 2024

The American Civil Liberties Union on Tuesday filed a class action lawsuit challenging two Kentucky abortion bans for violating the state’s constitutional right to privacy and self-determination. In February 2023, the Supreme Court of Kentucky declined a similar challenge to the abortion bans.

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SCOTUSBlog

JUNE 13, 2024

Amalgamated Bank , involving what disclosures are required under federal securities law, and two-time relist Advocate Christ Medical Center v. Coverage of federal fraud statutes Porat v. Kentucky because “it implies some sort of nefarious intent on the part of prosecutors.” This week’s relists are a real grab bag of issues.

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SCOTUSBlog

JUNE 6, 2024

Facebook now petitions for review , supported by “friend of the court” briefs from law professors and former Securities and Exchange Commission officials , by the Chamber of Commerce and other industry groups , and by the Washington Legal Foundation. Kentucky ex rel. Oklahoma ,” which is now being briefed for argument in the fall.

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Constitutional Law Reporter

OCTOBER 18, 2021

.: Through more than two years of litigation, the Secretary of Kentucky’s Cabinet for Health and Family Services led the state’s legal defense of its law prohibiting abortions in which an unborn child is dismembered while still alive. Over a dissent, the Sixth Circuit refused to allow the Attorney General to defend Kentucky law.

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Attorney Constitutional Law Lawyer Lawyers 59

Constitutional Law Reporter

NOVEMBER 11, 2021

The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. The post SCOTUS Hears Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Thompson v.

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SCOTUSBlog

MAY 31, 2024

Under the Anti-Terrorism and Effective Death Penalty Act, the court could grant relief only if he could show that the Lousiana Supreme Court’s decision was “contrary to clearly established federal law.” Kentucky ex rel. That is the majority rule among the federal courts of appeals. The district court denied relief, and the U.S.

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Constitutional Law Reporter

SEPTEMBER 16, 2024

The statute tasks the Department of Education with “issuing rules, regulations, or orders of general applicability” to “effectuate” Title IX’s antidiscrimination mandate. District Courts in Louisiana and Kentucky agreed with the plaintiffs and preliminarily enjoined enforcement of the rule in the plaintiff States.

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Education Government Court Constitutional Law 52

The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. Below is an updating guide to states with now-active legislation or trigger laws banning or criminalizing abortion. Law : Alabama HB314 2019. Washington Gov.

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SCOTUSBlog

MARCH 16, 2022

The mission denied his application and he sued for employment discrimination, alleging a violation of Washington’s Law Against Discrimination , which forbids discrimination based on sexual orientation. Now back to the first petition: Cameron involved the Kentucky attorney general’s argument that the U.S.

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ClimateChange-ClimateLaw

NOVEMBER 4, 2022

The AGs posit that the NZBA emissions reduction goals amount to a concerted effort to block fossil fuel companies from receiving financial services, and assert that the banks’ participation in the NZBA may run afoul of consumer protection and antitrust laws. Importantly, antitrust law distinguishes between concerted and independent action.

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SCOTUSBlog

JANUARY 29, 2024

Last spring, Tennessee and Kentucky enacted laws that prevent children under the age of 18 from receiving gender-affirming care. This week, we highlight petitions that ask the justices to consider, among other things, whether those laws violate the 14th Amendment of the Constitution. The challenges are two-fold.

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SCOTUSBlog

JUNE 8, 2023

But the agency took no action to investigate or correct the disputed information, in violation of the statute. The district court agreed with the government that the statute did not unequivocally express Congress’s intent to waive sovereign immunity and granted the USDA’s motion to dismiss. Mississippi.

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SCOTUSBlog

MAY 28, 2024

The justices did not act on two sets of high-profile petitions that they considered last week: a group of challenges to bans imposed by Illinois and several municipalities in that state on assault weapons and high-capacity magazines, as well as challenges to bans on gender-affirming care for minors in Tennessee and Kentucky.

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JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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Tort Litigating Litigation Construction 58