Remove Lawyers Remove Stare Decisis Remove Virginia
article thumbnail

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence. Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. Washington.

article thumbnail

The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

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] 8] It should be stressed that Oputa JSC’s obiter dictum is not binding on lower courts according to the Nigerian common law doctrine of stare decisis.

Court 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Conflict of Laws and Diversity of Opinions—A View of The Nigerian Jurisdiction

Conflict of Laws

In the next section, I further the discussion on the issue of diversity, looking at subject matter diversity, diversity of views, and the place of stare decisis and precedents in light of the current debates about PIL and expertise in the Nigerian Supreme Court and its resonance for the legal system. Partenreedri M. 1987) LLJR –SC.

article thumbnail

Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Solicitor General Paul Clement, as well as lawyers from the New Jersey public-interest firm Cause of Action. Although stare decisis analysis may apply to that holding, it does not apply to the interpretative methodology outlined in Chevron. In the Supreme Court, the fisheries are represented by former U.S.

article thumbnail

In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

Would they strike down Roe and Casey , as lawyers for Mississippi urged them to do, or would they stop short of formally overruling those cases but still uphold the state’s ban? And in West Virginia v. The only real question was how far the justices might go.

Laws 111
article thumbnail

How the Supreme Court Laid the Foundations for ‘Racialized Policing’

The Crime Report

Entirely apart from his jurisprudence, I think the sarcasm of Justice Scalia ‘s opinions sets a terrible example for lawyers and law students on how to write. Or does stare decisis make it stuck as a precedent? Look at what happened this month in Virginia. CHEMERINSKY: I think it’s a terrible change.

Court 122