SCOTUSBlog

APRIL 8, 2022

North Carolina legislators asks justices to hear independent-state-legislature theory on the merits. In this case, the North Carolina General Assembly last November enacted a new map for congressional elections in response to the 2020 U.S. On remand, the North Carolina Superior Court on Feb. In Moore v.

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SCOTUSBlog

JANUARY 24, 2025

Share At oral arguments earlier this week the Supreme Court was skeptical of the Food and Drug Administrations effort to block a North Carolina-based company from challenging the denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana.

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Above The Law

MAY 26, 2023

ABC News ] * North Carolina sued over its electronic court filing system. Law360 ] * Of the previous 100 anti-LGBTQ+ statutes passed, half of them were this year. appeared first on Above the Law. Or so the shadowy government conspiracy would have us believe. It's like the Dominion case but more charming. [

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SCOTUSBlog

APRIL 15, 2022

A small group of bankruptcy judges in six of the 90-odd judicial districts nationwide, backed by their senators (in Alabama and North Carolina) managed to have their districts excluded from the U.S. When the program succeeded, it was made permanent and extended nationwide. Well, not quite. Trustee Program.

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SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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SCOTUSBlog

JUNE 14, 2024

For historical reasons involving politics at the time of the Bankruptcy Code’s enactment, six districts in Alabama and North Carolina do not participate in that system; they are administered by the Bankruptcy Administrator Program in the Administrative Office of the United States Courts. By statute, the U.S.

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Patently O

FEBRUARY 12, 2023

2023) involves a set of thirteen different professional models whose images were allegedly used without their permission to advertise for the Capital Cabaret, a strip club halfway between Raleigh & Durham, North Carolina. state law: Section 43 of the Lanham Act, 15 U.S.C. common law right of privacy – misappropriation.

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SCOTUSBlog

JUNE 17, 2022

On March 7, the justices denied two emergency appeals on the shadow docket to revive the new congressional maps drawn by Republican state legislators in Pennsylvania as well as in North Carolina. soil by federal law-enforcement officers performing traditional law-enforcement duties. Carter , former Rep. In 2 U.S.C. §

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SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

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Mondaq

SEPTEMBER 20, 2021

Extensive changes to North Carolina's stormwater runoff statute went into effect today as part of Session Law 2021-158.

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SCOTUSBlog

SEPTEMBER 29, 2023

This year the long conference yielded 12 new grants, on topics ranging from controversial laws seeking to regulate social media companies ( covered in a separate story ) to property rights and bankruptcy fees. The cases granted on Friday will likely be argued in January or February 2024, with a decision to follow by summer. Supreme Court.

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Patently O

MAY 28, 2021

Paul Gugliuzza is Professor of Law at Temple University Beasley School of Law. Jonas Anderson is Associate Dean for Scholarship and Professor of Law at American University Washington College of Law. Guest post by Paul Gugliuzza and Jonas Anderson.

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SquirePattonBoggs

FEBRUARY 16, 2021

Nearly every state allows federal courts to certify questions of state law to obtain definitive answers from state supreme courts on unsettled issues of state law. All states, except North Carolina, have rules or statutes allowing their highest court to accept certified questions from federal courts on questions of state law.

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Conflict of Laws

FEBRUARY 22, 2024

The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. state whose law is displaced. LLC (Raiders) is a company organized under the laws of Pennsylvania.

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The Crime Report

DECEMBER 20, 2021

Researchers at the Quattrone Center, based at the University of Pennsylvania Carey Law School, created what they said was a unique dataset of 4,644 opinions in which allegations of misconduct were raised in the more than 1.5 million judicial opinions published between 2000 and 2016 by federal and state courts in Pennsylvania.

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JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. .

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FDA Law Blog

AUGUST 8, 2024

Governors, state cannabis regulators, law enforcement groups and local governments weighed in, as did marijuana advocates and opponents, marijuana industry associations, Members of Congress, federal law enforcement groups, healthcare and human rights groups, unions and trade associations, and private individuals. 21 U.S.C. §

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LawSites

DECEMBER 29, 2021

If a law firm is unable even to decide whether its staff should return to the office, or when that return should happen, or how to structure that return, then how can that firm implement lasting and innovative changes in its technology infrastructure and systems? This is not to say that 2021 was without innovation.

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SCOTUSBlog

MARCH 21, 2022

The state’s legislature passed the voter-ID law at the center of the case in December 2018. The law requires voters to provide photo identification to cast a ballot and instructs county election boards to provide ID cards at no cost to voters. The attorney general is defending the law and arguing that it is constitutional.

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LawSites

DECEMBER 29, 2021

If a law firm is unable even to decide whether its staff should return to the office, or when that return should happen, or how to structure that return, then how can that firm implement lasting and innovative changes in its technology infrastructure and systems? This is not to say that 2021 was without innovation.

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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. The Federal Circuit rejected George’s argument on the ground that the VA had applied the law in existence at the time.

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SCOTUSBlog

JUNE 23, 2022

Last November, the North Carolina legislature enacted a new map for congressional elections in response to the 2020 U.S. Supreme Court to stay the North Carolina Supreme Court’s order invalidating the legislature’s map and to stay the state trial court’s order adopting the replacement map. In Moore v. Census data.

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SCOTUSBlog

OCTOBER 5, 2023

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. and North Carolina Farm Bureau Federation v. Court of Appeals for the 9th Circuit rejected that claim.

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Conflict of Laws

FEBRUARY 29, 2024

The thirty-seventh annual survey on choice of law in the American courts is now available on SSRN. Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. In Bartlett v.

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JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. While I am not a North Carolina lawyer, the state does not appear ideal for plaintiffs in this type of action and the facts of the case could present other difficulties. Disclaimer.

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SCOTUSBlog

FEBRUARY 22, 2022

I would like to prevail on him to go one more term and have some symmetry by sketching the Harvard and University of North Carolina affirmative-action cases, but it seems that his mind is made up. The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law.

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SCOTUSBlog

OCTOBER 13, 2022

The injuries in Clendening were not the sort of combat-related or even job-related injuries one would expect: petitioner Carol Clendening seeks to recover for her late husband’s exposure to toxic drinking water while serving as a judge advocate general officer at Camp Lejeune, North Carolina. territories. 28 and Oct. 7 conferences).

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The Crime Report

SEPTEMBER 16, 2021

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

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Constitutional Law Reporter

NOVEMBER 28, 2022

University of North Carolina, which are poised to determine the role of affirmative action in college admissions. Another provision of the statute, however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. Harvard College and SFFA v.

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The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. Disobeying commands during a law enforcement encounter can lead to arrest or worse. Using a law enforcement procedure called civil forfeiture, Harris County seized the money and is attempting to keep it permanently. Jaba Tsitsuashvili.

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The Crime Report

NOVEMBER 24, 2021

who committed a criminal offense when they were minors may be subject to differing age-based restrictions on their access to firearms depending on the nature and severity of their juvenile offense; their age at the time of the offense; their state’s laws regarding firearm eligibility, and expungement of juvenile records. Adults in the U.S.

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JonathanTurley

JUNE 30, 2021

We still believe that no one is above the law — including those who are rich, famous and powerful.”. Moreover, Steele is right, “no one is above the law” including prosecutors who are not allowed to pursue convictions at any cost in popular high-profile cases. It must be done under common law, which is challenging.

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Day on Torts

OCTOBER 31, 2022

In her initial expert disclosures, plaintiff identified Dr. Steege from Chapel Hill, North Carolina. Note: Chapter 49, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Code Ann. § 26-26-115(b). The trial court ruled that “Dr.

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SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v. 10 and Jan.

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The Crime Report

SEPTEMBER 2, 2022

Yet it left the door open for states to implement or reform their own laws – and some chose to preserve capital punishment. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework. Austin Sarat.

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JURIST

JUNE 17, 2021

The US Court of Appeals for the Fourth Circuit on Wednesday upheld a lower court’s decision to strike down North Carolina’s statewide abortion restrictions. For the past 140 years, North Carolina has criminalized the “procurement or administration of abortion as a felony.”

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SCOTUSBlog

OCTOBER 18, 2022

Harper , a dispute arising from the North Carolina legislature’s efforts to draw a new congressional map in response to the 2020 census. Harper , a dispute arising from the North Carolina legislature’s efforts to draw a new congressional map in response to the 2020 census. 303 Creative and Moore v. United States (Nov.

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