Patently O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e.

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Above The Law

JULY 1, 2022

Stare decisis only matters when it’s convenient for this version of the high court. The post You Can Kiss Precedent Goodbye Thanks To The Supreme Court’s Conservative Majority appeared first on Above the Law.

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Legal Research is Easy

AUGUST 5, 2019

Thing is, these days law and the decisions courts hand down are very much like that. The kicker is that unlike parents (who, hopefully, are on the same page and the kid realizes that it's unlikely dad will overrule mom), it is critical that courts make the same rulings over and over so that people know how law will be applied.

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HowAppealing

OCTOBER 18, 2021

“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times about a forthcoming (..)

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Law 360

MAY 1, 2023

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

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JURIST

DECEMBER 6, 2022

Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. . Instead, it refers more broadly to any individual or body that possesses some part of the power to make laws within a state — what the Court referred to as the ‘legislative power.’” Arizona Independent Redistricting Commission (2015).

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SCOTUSBlog

DECEMBER 10, 2021

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. The law defines an animal facility as any place that houses or breeds animals used for food production, agriculture, or research. The case is Young v.

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SCOTUSBlog

APRIL 20, 2021

The doctrine stems from the common-law principle that one who sells property to another generally should not be able to undermine the value of the property by later challenging the rights the seller conveyed in the first place. A possible middle ground. But a middle ground exists. The court could maintain the doctrine but limit its scope.

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Mondaq

JUNE 16, 2022

When a trial judge rules that a law is unconstitutional, who is bound by that decision? In R v Sullivan, 2022 SCC 19, the SCC has made it crystal clear: these declarations are.

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SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power.

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JURIST

APRIL 24, 2021

.” Even if the court had “doubts” about that rule, they should have provided “special justification” before overruling Miller and Montgomery , which they failed to do: How low this Court’s respect for stare decisis has sunk. … For most, the answer is yes.

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JURIST

JANUARY 8, 2024

The court also clarified that the previous judgement was per incuriam (bad in law) as it contradicted previous larger bench judgements and hence was not a precedent. The court emphasized the paramount importance of personal liberty under Article 21 of the Constitution but also stressed the need for adherence to the rule of law.

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Conflict of Laws

JUNE 13, 2024

Cosmas Emeziem, JSD Cornell University, Drinan Fellow and Visiting Assistant Professor of Law, Boston College Law School, Newton, MA. The complexity is also illustrated by the embeddedness of Sharia law, and customary law, in private law in different parts of the country. ©Author 2024.

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SCOTUSBlog

APRIL 15, 2021

Smith , a 1990 decision holding that the free exercise clause does not provide a right to religious exemptions from general laws, or (2) sharply limit the impact of Smith by interpreting it as guaranteeing a “most favored nation” status for religious exemption claims.

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SCOTUSBlog

MARCH 30, 2022

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. That’s all for this week. Until next time, stay safe ! New Relist. Texas , 21-6001.

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SCOTUSBlog

JULY 1, 2021

” The court’s second example concerned a change in the law. If a previously valid patent becomes invalid due to a change in the law, “no principle of consistency prevents the assignor from saying so.”. In carving out this limitation, Kagan cited Mark Lemley’s influential article, “ Rethinking Assignor Estoppel.”

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SCOTUSBlog

MAY 20, 2022

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc.

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Patently O

JUNE 29, 2021

In my property law course, I spend a good bit of time walking through post-conveyance rights and obligations. These ideas of stare decisis and silent reenactment are part of a major ongoing debate within the Court over its role in changing its own prior precedent. = = = =. by Dennis Crouch. Minerva Surgical Inc. Hologic Inc.

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The Crime Report

MAY 18, 2021

That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. Twenty-five states and the District of Columbia have banned life in prison without parole for children under state law.

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The Crime Report

APRIL 8, 2022

We also have a much higher rate of plea bargain cases than the rest of the world: almost 20 percent higher than just about any other common law country. However, after the industrial revolution [and the rise of] the English working classes, there just weren’t enough police to keep whacking people over the head with the criminal law.

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The Crime Report

DECEMBER 5, 2023

agree with the dissenting judges below. Andrus’ case cries out for intervention, and it is particularly vital that this Court act when necessary to protect against defiance of its precedents.

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SCOTUSBlog

APRIL 18, 2023

Federal law bars employers from discriminating against workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” That case law, Prelogar contended, “provides meaningful protection to religious observants.”

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SCOTUSBlog

APRIL 12, 2022

Cogdill is the latest in a long line of petitions urging the Supreme Court to revisit its jurisprudence under the “qualified immunity” doctrine, which grants law enforcement officials immunity from civil suits for violating constitutional rights if those rights were not “clearly established” at the time they acted.

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Patently O

DECEMBER 11, 2022

Another important feature of collateral estoppel is that it applies to both issues of fact and law. Although some courts have disagreed on this point, precedent is only binding for questions of law. In my view, Judge Alsup’s conclusion is wrong on the merits. Uniloc v. .” ” Id.

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SCOTUSBlog

APRIL 18, 2022

He contends that “a clear statute does not stand on the same footing as an invalid regulation purporting to implement it” because “[t]he statute is law; the regulation is not.” In particular, George points to House and Senate committee reports that endorse case law from the U.S.

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Patently O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. ” 5 U.S.C. §

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Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

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SCOTUSBlog

JUNE 2, 2022

The landowners note that in 2009, picking up on the court’s changing case law, the U.S. Traffic on the easement has only created problems since then, as increasing numbers of trespassers have entered their land. Court of Appeals for the 7th Circuit held that the Quiet Title Act’s statute of limitations is not jurisdictional.

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SCOTUSBlog

MAY 11, 2022

In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause. relisted after the April 29 conference). Returning Relists. Texas , 21-6001.

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Above The Law

MAY 9, 2022

The post Nothing Is A Better Distraction From A Nakedly Political Court Than A Totally Important Game Of Whodunit appeared first on Above the Law. Then it’s hockey and we start punching.'.

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SCOTUSBlog

APRIL 20, 2022

The court ruled that the Supreme Court had not formally overruled earlier case law supporting the theory that registration supports general jurisdiction. The law defines an animal facility as any place that houses or breeds animals used for food production, agriculture, or research. By contrast, the petition in Mallory v.

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JonathanTurley

AUGUST 7, 2022

The point is only that the case is protected by the same principles of a stare decisis as other cases, which affords protection to precedent but does not make such cases inviolate. There is nothing disingenuous in saying that a case is not super-precedent but still might not be overturned.

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SCOTUSBlog

JUNE 7, 2022

Kapoor and Lee were convicted of racketeering for allegedly paying doctors through the mechanism of retaining them for phony speaking engagements to increase prescriptions of their drug, heedless of the abuse potential of the synthetic opioid.

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Patently O

JULY 14, 2024

The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis. Insall reinforces a few principles: Courts will afford great deference to arbitrators’ contract interpretations, even when they implicate patent law issues.

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SCOTUSBlog

APRIL 27, 2022

By contrast, the Maryland Court of Appeals held that Baltimore’s similar tax was constitutionally permissible, concluding that the law did not single out the press and was therefore subject to only the lowest form of constitutional scrutiny: rational basis review. Cincinnati seeks review in City of Cincinnati, Ohio v.

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Conflict of Laws

MARCH 10, 2021

GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”. Third, some Nigerian judges confuse choice of court with choice of law. ARTICLE 13.

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JonathanTurley

MAY 14, 2022

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

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