Diane Drain

APRIL 15, 2021

Arizonans currently are shielded from creditors on the first $150,000 of equity in homes they own and live in, thanks to a special provision in state law that’s designed to keep people from being thrown out on the streets. As laws change (they do all the time) your rights also change. – Diane L.

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SCOTUSBlog

JUNE 27, 2023

Share The justices narrowly rejected a challenge to the constitutionality of a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not headquartered in Pennsylvania and the conduct at the center of the lawsuit occurred somewhere else. of Philadelphia v. of Ireland v.

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Livesay&Myers

MARCH 22, 2021

The Virginia legislature has made a significant change to Virginia Code § 20-108.1 The new law will protect an incarcerated party from a ruling that he or she is voluntarily unemployed or voluntarily underemployed as a result of the incarceration. No Imputation Based on Incarceration. No Imputation Based on Incarceration.

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SCOTUSBlog

AUGUST 22, 2023

Here’s the Tuesday morning read: Supreme Court Is Asked to Hear a New Admissions Case on Race (Stephanie Saul & Adam Liptak, The New York Times) The Supreme Court and the Federal Officer Removal Statute (Steve Vladeck, One First) Supreme Court Blocks West Virginia Bid to Challenge CFPB Funding (Evan Weinberger, Bloomberg Law) The Supreme Court (..)

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JURIST

SEPTEMBER 29, 2023

A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate , who massacred and enslaved the Acoma Indigenous people in 1599. In 2017 in Charlottesville, Virginia , during the “Unite the Right Rally” to protest the removal of a statue of Confederate Gen.

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SCOTUSBlog

AUGUST 6, 2021

Under the act, the Treasury Department helps law enforcement investigate money laundering and other illicit activities by requiring financial institutions and broker-dealers to file suspicious-activity reports. Issues : (1) Whether the States’ consent to suit in the bankruptcy courts, found to exist in Central Virginia Community College v.

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SCOTUSBlog

APRIL 14, 2023

Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. In 2014, Pugin pleaded guilty in Virginia to being an accessory after the fact to a felony.

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Law 360

JANUARY 23, 2025

The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.

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JURIST

JUNE 15, 2024

A US federal judge ordered a retrial on Friday in a case involving allegations that Virginia-based military contractor CACI Premier Technology, Inc. Judge Leonie Brinkema granted the plaintiffs’ motion for a new trial and denied CACI’s motion for judgment as a matter of law.

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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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Conflict of Laws

MARCH 10, 2021

In November 30 2020, the Nigerian Court of Appeal delivered a third decision where it declined to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement. [3] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

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The Crime Report

JULY 22, 2021

Often it’s to ensure fairer and more responsive treatment at the hands of a justice system that otherwise offers them few other options, says a Rutgers University law professor. It depends on deception to “sidestep the law without changing the law.”.

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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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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SCOTUSBlog

NOVEMBER 5, 2021

When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of West Virginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. Two new petitions ask the court to again wade into the First Step Act, the major criminal-justice reform law that Congress passed in 2018.

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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. , of Philadelphia v.

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SCOTUSBlog

JANUARY 5, 2024

Share A pair of challenges to controversial social media laws in Texas and Florida and a dispute over whether to freeze the Environmental Protection Agency’s plan to reduce ozone levels across the United States headline the Supreme Court’s February 2024 argument calendar , which was released on Friday morning. NetChoice LLC , on Feb.

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SCOTUSBlog

NOVEMBER 4, 2022

De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. He became a lawful permanent resident after marrying a U.S. A list of all petitions we’re watching is available here. In its 1951 decision in Jordan v. citizen the following year. 1227(a)(2)(A).

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FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. This decision may encourage more state-level efforts to adopt similar laws.

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The Crime Report

JUNE 21, 2021

Among all three agencies, there’s consensus that Virginia goes above and beyond the federal government — and at least 10 other states — in the length and restrictiveness of its list of so-called barrier crimes. Current law lists 176 convictions that disqualify an applicant from working in behavioral health.

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The IP Law Blog

AUGUST 11, 2022

Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute? District Court for the Eastern District of Virginia, which granted summary judgment in favor of the USPTO. In other words, what should the law be? Thaler, assignee, filed U.S.

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The Crime Report

JUNE 16, 2022

Prosecutors had argued that the claim was spurious on the grounds that the teenager’s decision to bring an AR-15 to the protest made him an “initial aggressor” under Wisconsin law. jurisprudence, according to a forthcoming Legal Studies Research Paper published under the auspices of George Washington University Law School.

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SCOTUSBlog

DECEMBER 6, 2021

In 2003, Justin Eugene Taylor sold marijuana in Richmond, Virginia. The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce. The second statute is 18 U.S.C. §

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Law 360

SEPTEMBER 19, 2023

Virginia and 17 other states backed Montana in TikTok's free speech fight over a new Treasure State law that seeks to ban the Chinese-owned social media app in its borders, arguing that the law is a "garden variety consumer protection statute" and well within the states' police power.

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Broadcast Law Blog

APRIL 3, 2022

As federal licensees, because of the federal criminal statute, broadcasters have been advised to avoid marijuana advertising, even as the states in which they operate have relaxed their marijuana laws. Owners of a tower in Virginia were cited by the FCC Enforcement Bureau for tower lighting failures.

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The Crime Report

MAY 12, 2022

Virginia Gov. Larry Hogan, both Republicans, are demanding that Attorney General Merrick Garland enforce a federal law that forbids demonstrations intended to sway judges on pending cases, reports the Washington Post. Separately, a Virginia law prohibits demonstrations of any kind at or near private residences.

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JURIST

OCTOBER 28, 2024

Virginia elections officials filed an emergency application to stay with the US Supreme Court Monday, requesting the court restore a state program that would remove 1,600 individuals from state voter lists. Virginia officials requested the Supreme Court hand down its decision by Wednesday, October 30.

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SCOTUSBlog

MARCH 17, 2023

The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. Under western water law, which prioritizes first-in-time users, Indian water rights take priority over all others. After 23 years of drought, the desert southwest is in a water crisis.

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SCOTUSBlog

MAY 27, 2022

Following an explosion at a coal mine in West Virginia that killed 29 miners, federal prosecutors charged Don Blankenship, then the CEO of the company that owned and operated the mine, with willfully violating safety regulations. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C.

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SCOTUSBlog

JUNE 23, 2023

In 2018, the Moores learned that under the 2017 law, they had to pay a one-time tax for their share of the company’s lifetime earnings in the amount of $14,729. McDonough involves the entitlement of veterans to educational benefits under two statutes: the Montgomery G.I. Rudisill v. Bill and the Post-9/11 G.I. The Montgomery G.I.

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SCOTUSBlog

FEBRUARY 16, 2024

Washington’s bipartisan redistricting commission redrew the state’s 49 legislative districts, including Legislative District 15, a semi-rural district east of Yakima, and the map was enacted into law. Washington initially defended the district’s lawfulness but later conceded that its lines were invalid. The suit now known as Trevino v.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. Bartow was charged under Virginia Code § 18.2-416, Winston , 199 S.E.2d

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Conflict of Laws

JUNE 28, 2023

This post is by Maggie Gardner, a professor of law at Cornell Law School. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction.

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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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Constitutional Law Reporter

MARCH 5, 2024

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. Warner Chappell Music, Inc.

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JonathanTurley

JULY 3, 2022

Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. The timing of the letter, however, is particularly interesting and may reflect a recognition of the limits of the federal law.

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ClimateChange-ClimateLaw

AUGUST 31, 2022

Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. The United States Supreme Court’s opinion in West Virginia v. International license.

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