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.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

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.

Stare Decisis 98

Stare Decisis Court Laws 98

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.

Stare Decisis 52

Stare Decisis Notary Public Laws Court 52

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 (..)

Stare Decisis 100

Stare Decisis Court Laws 100

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.

Stare Decisis 75

Stare Decisis Laws Court 75

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).

Stare Decisis 197

Stare Decisis Court Laws Legal 197

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.

Stare Decisis 40

Stare Decisis Laws 40

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.

Stare Decisis 97

Stare Decisis Statute Court Contract 97

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.

Stare Decisis 106

Stare Decisis Court Statute Government 106

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.

Court Rules 104

Court Rules Stare Decisis Court Legal 104

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.

Stare Decisis 104

Stare Decisis Court Litigation Litigating 104

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.

Stare Decisis 69

Stare Decisis Laws Court Legal 69

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.

Stare Decisis 143

Stare Decisis Court Sports Government 143

JURIST

MARCH 22, 2022

In the final step, she looks into the written law. She uses the interpretation and application of law from the written text and observes the limits of her authority. Jackson specified that she does not interpret the law from her own understanding but tries to interpret it according to its intended purpose.

Stare Decisis 104

Stare Decisis Drafting Statute Court 104

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.”

Stare Decisis 102

Stare Decisis Court Rules Court Manufacturing 102

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.

Stare Decisis 90

Stare Decisis Court Litigation Litigating 90

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.

Court Decisions 98

Court Decisions Stare Decisis Court Court Rules 98

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.”

Stare Decisis 104

Stare Decisis Statute Court Laws 104

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.

Stare Decisis 131

Stare Decisis Court Decisions Litigation Litigating 131

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. §

Stare Decisis 49

Stare Decisis Statute Construction Administrative Law 49

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.

Statute 104

Statute Stare Decisis Government Contract 104

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.

Stare Decisis 52

Stare Decisis Court Statute Construction 52

Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

Laws 52

Laws Stare Decisis Legal Legal 52

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.'.

Court 98

Court Stare Decisis Laws 98

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.

Stare Decisis 59

Stare Decisis Court Education Legal 59

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.

Stare Decisis 49

Stare Decisis Contract Technology Entertainment 49

Fordham Law News

JANUARY 5, 2024

When it comes to antitrust laws and their impact on American sports leagues, baseball is in a verifiable league of its own. 10] One of the oldest and most periodically contested exemptions to the antitrust laws is one that is solely held by the sport of baseball. 11] Despite the subsequent expansion of the Commerce Clause in Wickard v.

Sports 52

Sports Stare Decisis Laws Court 52

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.

Court 52

Court Contract Stare Decisis Entertainment 52

Above The Law

JUNE 28, 2022

The elimination of constitutional stare decisis would represent an explicit endorsement of the idea that the Constitution is nothing more than what five justices say it is.” - Former Associate Justice Lewis Powell. The post Where Were You When Stare Decisis Died? appeared first on Above the Law.

Stare Decisis 139

Stare Decisis Laws Court 139

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.

Stare Decisis 57

Stare Decisis Drafting Court Education 57

Patently O

JULY 6, 2022

The Supreme Court in Bilski addressed this issue to some degree in the context of the non-statutory categorical bars of abstract ideas; laws of nature and natural phenomenon. And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. Bilski v.

Stare Decisis 75

Stare Decisis Statute Court Construction 75

SCOTUSBlog

JANUARY 17, 2024

The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws. Court of Appeals for the 1st Circuit upheld the rule, finding it to be a reasonable interpretation of federal law. Paul Clement argues for Loper Bright Enterprises.

Court 145

Court Statute Stare Decisis Small Business 145

JURIST

JUNE 17, 2022

Planned Parenthood sued to challenge a 2020 law which requires a 24 hour waiting period before an abortion. After a lower court ruled the law was unconstitutional, Iowa appealed to the state supreme court. The decision overturns a 2018 ruling which held there is a fundamental right to abortion in Iowa.

Stare Decisis 211

Stare Decisis Court Rules Court Court Decisions 211

Above The Law

JUNE 28, 2022

Stare decisis? appeared first on Above the Law. * Here's a map showing the legality of abortion, state by state. [ The Guardian ]. I hardly knew her! [ A matter of judgment: Louisiana judge temporarily prevents abortion ban from kicking in. States scramble to prevent the 2nd Amendment from being an absolute right. [

Stare Decisis 96

Stare Decisis Legal Legal Laws 96

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 question for the court is whether the law reaches infringing conduct outside the United States. It can first claim that the Congress intended to apply the law globally.

Stare Decisis 96

Stare Decisis Laws Statute Construction 96

JonathanTurley

MAY 4, 2022

The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent. pressed him on whether Roe is “settled law,” Alito responded again by stating the obvious: “Roe v.

Stare Decisis 11

Stare Decisis Drafting Court Laws 11

Above The Law

JANUARY 24, 2025

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast , and co-host of Thinking Like A Lawyer. The post Former Solicitor General Elizabeth Prelogar Headed Back To Harvard Law appeared first on Above the Law. AtL tipsters are the best, so please connect with her.

Stare Decisis 52

Stare Decisis Laws Litigation Litigating 52