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. Breckon , pending the outcome in Jones.

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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

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Court of Appeals for the 9th Circuit affirmed. That’s all for this week.

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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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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

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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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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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Next up is Kelly v.

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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. relisted after the Jan.

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SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. Goertz , involving the question of what statute of limitations state prisoners face when raising claims seeking DNA testing of crime-scene evidence.

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SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. To begin with, the statute requires that the lawsuit be retained under seal while the government investigates the allegations. The Supreme Court’s sprint to the end of the term continues.

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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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SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. 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.

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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.

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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 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.

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Constitutional Law Reporter

DECEMBER 27, 2021

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v. 1395l(t)(12).”. .:

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Constitutional Law Reporter

JANUARY 3, 2022

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v. 1395l(t)(12).”. .:

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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.

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JonathanTurley

DECEMBER 5, 2021

Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. She said many abortion opponents, including the sponsors of the Mississippi abortion law at issue, hoped her three new colleagues would allow for the reversal or reduction of Roe v. They are not the only figures showing such selective outrage.

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SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.

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SCOTUSBlog

APRIL 17, 2023

Federal law bars employers from firing workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” Indeed, the Biden administration notes, the Supreme Court has not overturned any of its cases interpreting statutes in 16 years.

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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.

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JonathanTurley

NOVEMBER 29, 2021

The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.

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SCOTUSBlog

JULY 7, 2022

8, a Texas law that bans nearly all abortions in the state. Although the law conflicted directly with Roe v. Casey , the court’s long-standing decisions holding that the Constitution protects the right to have an abortion before a fetus can survive outside the womb, the court nonetheless allowed the law to go into effect on Sept.

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SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. Casey and Roe v. Whole Woman’s Health v.

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SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. 1 in support of that law.

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SCOTUSBlog

NOVEMBER 29, 2021

Twenty-one states have laws in place that would ban all or nearly all abortions if Roe and Casey fell. The Mississippi law and the court’s abortion precedents. The Mississippi law at the heart of the case is known as H.B. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.”

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