The Crime Report

APRIL 18, 2022

Paxton’s theory is that such therapy causes mental, physical, and/or emotional injury, fitting within very broad phrasing of the Texas criminal statutes on child abuse, even though scientific literature states that such therapy is reversible (i.e., Omar Ochoa. Indeed, the legislature took up this very issue last year.

Legal 132

Legal Legal Statute Attorney 132

Law 360

JULY 24, 2024

A Kentucky federal judge has ruled that digital information isn't covered by the federal smuggling statute and dismissed a charge against a magnetics manufacturer and two executives accused of emailing magnet schematics to Chinese companies.

Manufacturing 52

Manufacturing Statute Laws Court 52

Diane Drain

APRIL 15, 2021

At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary.

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Laws Small Business Attorney Finance 211

SCOTUSBlog

SEPTEMBER 3, 2021

In his petition, George counters that a federal court’s interpretation of an unambiguous statute is not a mere change in interpretation but declares what the law has always meant. Kentucky when the evidence was not available to the petitioner during state court Batson proceedings. The case is George v. 2254(d) and Cullen v.

Litigating 98

Litigating Litigation Court Attorney 98

SCOTUSBlog

DECEMBER 10, 2022

Issue : When, if ever, a preliminary hearing provides an “adequate opportunity” for cross-examination under the Sixth Amendment’s confrontation clause. United States v.

Manufacturing 68

Manufacturing Statute Attorney Court 68

SCOTUSBlog

JANUARY 23, 2024

No longer the only horseracing regulators in town, a group of states, led by Oklahoma, and their racing commissions went to federal court in Kentucky. The new statute authorizes the agency to issue its own rules that “abrogate, add to, and modify the rules of the” horseracing authority.

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Sports Court Laws Statute 85

SCOTUSBlog

JUNE 23, 2023

McDonough involves the entitlement of veterans to educational benefits under two statutes: the Montgomery G.I. Each statute caps the education benefits that a veteran may earn under that statute at 36 months (the equivalent of a four-year college degree: nine months per academic year for four years). Rudisill v.

Education 115

Education Statute Court Government 115

The IP Law Blog

JANUARY 18, 2024

Well-known examples of trade secrets include the recipe for Coca-Cola, Google’s search algorithm, the recipe for Kentucky Fried Chicken, the WD-40 formula, the recipe for McDonald’s secret sauce, Hershey’s chocolate-making process, and Procter & Gamble’s consumer research methods. in connection with an internal commercial use.”

Manufacturing 113

Manufacturing Laws Statute Technology 113

SquirePattonBoggs

SEPTEMBER 18, 2023

Judge Griffin further noted that every other circuit that has considered the meaning of “a sentence” in the statute has come out differently than Jackson and Carpenter. According to Judge Griffin, the “historical fact” approach only made grammatical sense if one replaced the word “has” in section 403(b) with “had.”

Statute 64

Statute Court Laws Government 64

SCOTUSBlog

JUNE 29, 2023

Securities and Exchange Commission , 22-991 Issue : Whether, under special review statute 15 U.S.C. § Kentucky by considering the prosecutor’s purported justifications for striking seven of the eight African American prospective jurors presented to it “in isolation,” rather than, as this Court directed it to do in Flowers v.

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Immigration Court Government Laws 90

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 proposal is a[n]. intrusion [into] the doctor-patient relationship.

Drafting 52

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. We wrote in more detail about these changes, here.

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Government Legal Legal Statute 59

JURIST

FEBRUARY 16, 2023

The Kentucky Supreme Court Thursday ruled to keep two statewide abortion restrictions in place. The decision addressed two statutes: KRS 311.722 (the trigger ban) and KRS 311.7707-11 (the heartbeat ban), both of which prohibit termination of pregnancy after about six weeks, when fetal cardiac activity is typically first detected.

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Court Statute 196

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.

Entertainment 197

Entertainment Healthcare Statute Legal 197

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. § The jury hung in the first trial of this case, which necessitated a second trial.

Tort 35

Tort Court Compensatory Damages Punitive Damages 35

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. Kentucky v. As a Halloween prank, restaurant manager Joe Watkins of the Chicken Ranch in Paris, Kentucky thought it was funny to lie in a pool of blood on the floor. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Watkins (2008). 32; 285 S.W.

Tort 38

Tort Litigating Litigation Construction 38

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. Kentucky v. As a Halloween prank, restaurant manager Joe Watkins of the Chicken Ranch in Paris, Kentucky thought it was funny to lie in a pool of blood on the floor. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Watkins (2008). 32; 285 S.W.

Tort 37

Tort Litigating Litigation Construction 37

JURIST

AUGUST 4, 2021

Planned Parenthood of Indiana and Kentucky filed a complaint arguing that the law is unconstitutionally vague. Because of the procedural posture of the lawsuit, the court concluded that “the Statute must survive Planned Parenthood’s pre-enforcement, facial attack.” Writing for the majority, Circuit Judge Amy St.

Statute 288

Statute Laws Court Misdemeanor 288

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 post SCOTUS Rules Kentucky AG Can Defend Abortion Law appeared first on Constitutional Law Reporter.

Laws 52

Laws Attorney Litigating Litigation 52

SCOTUSBlog

MARCH 11, 2024

Biden 23-525 Issue : Whether the Antiquities Act of 1906 authorizes the president to declare federal lands part of a national monument where a separate federal statute reserves those specific federal lands for a specific purpose that is incompatible with national-monument status. 1159(b).

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Government Statute Court Laws 99

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. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. 20-56174, 2022 U.S. 6 (9th Cir.

Statute 45

Statute Lawyers Lawyer Court 45

SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. Kentucky because “it implies some sort of nefarious intent on the part of prosecutors.” Kentucky ex rel. There are six newly relisted cases this week, so I’m going to be more summary than usual in describing them. This week’s relists are a real grab bag of issues.

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Government Court Laws Litigating 128

Constitutional Law Reporter

OCTOBER 18, 2021

While this matter was pending before the Sixth Circuit, the Secretary retained lawyers from the Kentucky Attorney General’s office to represent him. After the Sixth Circuit upheld the permanent injunction against Kentucky’s law by a divided vote, the Secretary decided not to appeal further.

Attorney 59

Attorney Lawyer Lawyers Constitutional Law 59

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.

Stare Decisis 139

Stare Decisis Lawyers Lawyer Legal 139

SCOTUSBlog

JUNE 20, 2024

Kentucky ex rel. (rescheduled before the Mar. 26 and May 9 conferences; relisted after the May 16, May 23, May 30, June 6 and June 13 conferences) Jane Doe 1 v. rescheduled before the Jan.

Court 115

Court Laws Government Real Estate 115

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.”

Court 103

Court Laws Statute Government 103

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. In the closely-watched case involving Boston Marathon bomber Dzhokhar Tsarnaev , the justices appeared poised to reinstate his capital sentence.

Attorney 59

Attorney Constitutional Law Statute Court 59

SCOTUSBlog

JUNE 6, 2024

Kentucky ex rel. (rescheduled before the Mar. 26 and May 9 conferences; relisted after the May 16, May 23 and May 30 conferences) Jane Doe 1 v.

Court 103

Court Attorney Laws Government 103

SCOTUSBlog

MAY 31, 2024

Kentucky ex rel. (rescheduled before the Mar. 26 and May 9 conferences; relisted after the May 16 and May 23 conferences) Jane Doe 1 v.

Court 95

Court Felony Government Laws 95

SCOTUSBlog

MARCH 16, 2022

Now back to the first petition: Cameron involved the Kentucky attorney general’s argument that the U.S. Court of Appeals for the 6th Circuit erred by not allowing him to intervene to defend the state’s abortion statute after another state official stopped defending its constitutionality. Commissioner of Internal Revenue , 21-379.

Statute 112

Statute Small Business Court Attorney 112

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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Court Felony Lawyers Lawyer 128

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.

Court 73

Court Government Statute Laws 73

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. Kentucky v. Watkins (2008) As a Halloween prank, restaurant manager Joe Watkins of the Chicken Ranch in Paris, Kentucky thought it was funny to lie in a pool of blood on the floor. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. 32; 285 S.W.

Tort 48

Tort Litigating Litigation Construction 48

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.

Education 52

Education Government Court Constitutional Law 52

ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. Texas, Kentucky, and others, most recently Oklahoma, have all released their own blacklists of financial companies prohibited from doing business with those states. And what are the permissible boundaries of that behavior?

Finance 105

Finance Government Laws Legal 105

ClimateChange-ClimateLaw

NOVEMBER 23, 2022

825 (1988), a Georgia statute “expressly referred” to an ERISA benefit plan. In finding that the state statute was preempted by ERISA, the Court stated that “[t]he state statute’s express reference to ERISA plans suffices to bring it within the federal law’s [preemptive] reach.” In Mackey v. Lanier , 486 U.S.

Laws 58

Laws Statute Government Attorney 58

SCOTUSBlog

JANUARY 29, 2024

Last spring, Tennessee and Kentucky enacted laws that prevent children under the age of 18 from receiving gender-affirming care. On the same day last June, federal district courts in Tennessee and Kentucky issued orders blocking the laws from going into effect. Kentucky ex rel. Kentucky ex rel. In United States v.

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Court Laws Government Healthcare 96