Patently O

APRIL 27, 2022

By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law. Presumably, this acronym is meant to suggest that these are new types of designs, uncontemplated by Congress when it passed statutes that—according to some—are in need of “modernization.”. For prior PatentlyO coverage, see here.) In Feist v.

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Manufacturing Statute Technology Laws 69

SCOTUSBlog

FEBRUARY 24, 2022

Michael Kimberly, arguing for Denezpi, opened by stating that the law-making and law-enforcing aspects of sovereignty are equally important to determining whether expressions of sovereign power are separate. Justice Samuel Alito, in a series of questions reminiscent of concerns he raised in oral argument in McGirt v.

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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

Broadcast Law Blog

JANUARY 29, 2023

Notwithstanding the extension, licensees should not wait until the last minute to upload documents, as there may still be residual issues with the system for some time.

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Sports Manufacturing Statute Laws 98

JURIST

OCTOBER 20, 2021

A group of civil rights organizations filed suit on Tuesday challenging Oklahoma HB 1775 , which prevents public schools from requiring students to learn about critical race theory and gender discrimination. The complaint characterizes the law as a suppression of free speech and suppression of the exchange of ideas.

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Laws Education Statute Legal 211

JURIST

MAY 31, 2023

The Oklahoma Supreme Court Wednesday struck down two abortion bans as unconstitutional, but abortion remains illegal in the state. ” Because both statutes require a “medical emergency” for a physician to legally perform an abortion, the court found them unconstitutional.

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JURIST

APRIL 4, 2024

New York’s Senate on Wednesday overwhelmingly approved a bill to repeal a largely unused law from 1907 that made adultery a criminal offense. If signed, the adultery statute will be immediately repealed. Senate Bill S8744 repeals New York Penal Law Section 255.17. Several states have laws criminalizing adultery.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

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JURIST

MAY 9, 2024

Civil rights groups filed a complaint on Thursday against Iowa state officials to stop the state’s recently enacted immigration law from going into effect on July 1. The law makes it a crime for a foreign national to enter Iowa after having been deported from the US in the past, regardless of current immigration status.

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SCOTUSBlog

JULY 5, 2023

that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. Even though Abitron largely made sales in Europe, Hetronic sued on its home turf, the Western District of Oklahoma.

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Statute Manufacturing Court Construction 104

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.

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SCOTUSBlog

MARCH 20, 2023

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. In Abitron Austria GmbH v. It owns U.S.

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SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

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SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. ” (relisted after the Sept. 13 and Oct 27 conferences) Tingley v. relisted after the Sept. 13 and Oct 27 conferences) 74 Pinehurst LLC v.

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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. A federal district court in North Carolina ultimately invalidated much of the law, and the U.S.

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JURIST

SEPTEMBER 11, 2021

The US Department of Justice (DOJ) on Thursday filed a lawsuit challenging a highly controversial Texas law, Senate Bill (SB8) , which bans all abortions after six weeks and authorizes citizens to report individuals who assist or intend to assist people seeking to terminate their pregnancies.

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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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Sports Laws Court Statute 91

SCOTUSBlog

NOVEMBER 15, 2023

Separately, federal law also permits tribes to negotiate their contracts with the IHS to allow the tribe to bill its members’ insurance (whether private insurance, federal Medicare or Medicaid, workers’ compensation, or some other kind) for the services provided. And in 2023, a divided panel of the U.S. United States , Thomas v. 3 and Nov.

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Healthcare Contract Court Government 112

SCOTUSBlog

JUNE 16, 2022

The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations. Conversely, the second provision “insists that the statute does not grant Texas civil or criminal regulatory jurisdiction with respect to … gaming.”.

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SCOTUSBlog

NOVEMBER 2, 2022

After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. trademarks.

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SCOTUSBlog

APRIL 16, 2021

Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. Consequently, when Alaska became a state in 1959 and when, soon thereafter, oil was discovered in Prudhoe Bay, federal law left open many questions — especially land ownership.

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Government Contract Statute Education 116

JURIST

JUNE 30, 2024

The court did not find either situation to be the case because “[t]he statute does not prevent medical providers from treating children with gender dysphoria with [alternative treatments], nor does it prohibit them from providing those medical procedures to adults.”

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Court Felony Healthcare Statute 104

The Crime Report

SEPTEMBER 2, 2022

The state of Oklahoma put James Coddington to death on Aug. It marks the beginning of a busy period at the Oklahoma State Penitentiary’s execution chamber. Photo courtesy Oklahoma Dept. Today, fewer jurisdictions are using the death penalty, but some – like Oklahoma – seem to be doubling down. James Coddingon.

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JURIST

MARCH 15, 2024

It explicitly separates the concept of “sex” from “gender identity,” stating that the latter, along with similar subjective terms, cannot be used interchangeably with or as substitutes for “sex” in legal statutes. At the time of HRC’s 2023 report, over 500 anti-LGBTQ+ laws had been introduced in the US.

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JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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The Crime Report

DECEMBER 1, 2022

Today, 44 states and the District of Columbia have laws aiming to protect fetal development from drugs or alcohol. The law can require forced addiction treatment for the duration of pregnancy. But every leading medical association that considered these laws has condemned a punitive approach, saying it harms more than it helps.

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Laws Attorney Court Legal 126

SCOTUSBlog

OCTOBER 10, 2024

At issue in Oklahoma v. In the decision below, the 10th Circuit held that challenges to the disapprovals of Oklahoma’s and Utah’s plans can only be brought in the D.C. The same law is at the center of Environmental Protection Agency v. And the justices have allowed one relist from last term to hang around over the summer.

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Court Lawyers Lawyer Real Estate 124

SCOTUSBlog

JANUARY 12, 2022

Oklahoma cases as a single case — that I have to be extremely summary. The case also presents the question whether a public-accommodation law that authorizes secular but not religious exemptions is generally applicable under Employment Division v. The state has designated Oklahoma v. It’s like the long conference in January.

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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. Oklahoma ,” which is now being briefed for argument in the fall. We’ll know more soon.

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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

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act.

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SCOTUSBlog

APRIL 28, 2025

The Oklahoma charter school board that approved the Catholic schools application tells the justices that a state supreme court ruling invalidating its contract with the school violates the Constitution and harms lower-income families. Isidore is a public school and therefore required under the state charter-school law to be non-sectarian.

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SCOTUSBlog

JANUARY 23, 2025

The states also allege that suits involving the interstate effects of pollution are exclusively governed by federal common law and belong in federal court to avoid the risk of inconsistent judgments. Relisted after the Jan. 10 and Jan. 17 conferences.) (Relisted after the Jan. 10 and Jan. 17 conferences.) Relisted after the Jan. 10 and Jan.

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SCOTUSBlog

JUNE 30, 2022

Utley professor of health law at Boston University School of Public Health and professor of law at Boston University School of Law. “[T]he This minimal test requires government action to have a legitimate purpose and the law in question to be rationally related to that purpose. Jackson Women’s Health Organization.

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ClimateChange-ClimateLaw

OCTOBER 25, 2024

Since 2021, more than 30 rules, guidelines, boycotts and laws have been passed by various states to thwart ESG goals and bolster industries such as fossil fuels and firearms. In finding the two laws were preempted by existing federal law, the court highlighted the broad preemption clause contained within ERISA.

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SCOTUSBlog

JANUARY 14, 2022

In 2017, Congress passed a tax law that allowed taxpayers to deduct from federal income taxation only up to $10,000 of state and local taxes. Then-President Donald Trump described the 2017 law as an “incentive” for taxpayers “to say, hey, make sure that your politicians do a good job of running your state.” New York v.

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Court Manufacturing Statute Laws 106

SCOTUSBlog

JANUARY 16, 2025

But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. They argued that the law was unconstitutional because it delegated federal power to a private company a concept known as the private nondelegation doctrine. history.

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