Conflict of Laws

OCTOBER 28, 2021

In other words, for either party to have had a legal remedy for the other party’s failure to perform under the subcontract, the parties must have intended “courts of the United States of America” as a geographical designation encompassing both federal and state courts. This is unusual. Only three other U.S. Judges in the remaining U.S.

Contract 52

Contract Court Drafting Statute 52

JURIST

MARCH 7, 2025

They argued that there is no legal remedy to address these harms. ” However, an Arizona statute stated that “a physician may not intentionally or knowingly perform, induce or attempt to perform or induce an abortion if the probable gestational age of the unborn human being has been determined to be greater than fifteen weeks.”

Court Rules 129

Court Rules Court Healthcare Statute 129

ClimateChange-ClimateLaw

AUGUST 8, 2023

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. 9] The proposed legislation in California is both legally solid and helpful for making climate progress. Academic readers of this blog should too!

Laws 98

Laws Law School Government Legal 98

SCOTUSBlog

APRIL 26, 2023

Tyler’s theory, he stressed, would declare many state statutes unconstitutional and would turn states into real estate agents. The case should be thrown out without a ruling on the merits, he argued, because Tyler does not have a legal right to sue, known as standing.

Real Estate 143

Real Estate Government Court Statute 143

Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court. In Biden v.

Court 52

Court Education Drafting Legal 52

SCOTUSBlog

JANUARY 6, 2022

7 on whether the mandates can remain in place while challenges to their legality continue in the lower courts. The states argue that the provision on which the government relies is a “housekeeping statute” that does not give HHS the broad power that the government claims.

Court 110

Court Government Healthcare Drafting 110

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. A brief submitted on behalf of legal scholars, including me, focused on whether the secretary of education had authority to embark on debt cancellation. Share This article is part of a symposium on the upcoming arguments in Biden v. A preview of the cases is here. Jonathan D.

Education 98

Education Statute Litigation Litigating 98

JURIST

MARCH 15, 2024

The Mississippi Women’s Bill of Rights reflects a broader trend among Republican-controlled legislatures in the US to address and restrict the legal acknowledgement of transgender and gender-nonconforming individuals through limited definitions of sex and gender.

Statute 118

Statute Legal Legal Laws 118

JonathanTurley

NOVEMBER 27, 2020

In 2020, the cancelation of parades and the reduction of travel has led to a very different legal profile of holiday mishaps and malfeasance. The litigation over last year’s lettuce recall has only just started due to the statute of limitations. Accordingly, Miller was in violation of a statute in addition to being negligent. __.

Tort 39

Tort Statute Criminal Law Court 39

JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia.

Statute 152

Statute Government Court Legal 152

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. A close reading of Stenberg v.

Stare Decisis 141

Stare Decisis Court Laws Drafting 141

ClimateChange-ClimateLaw

DECEMBER 11, 2023

Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. Other legal challenges have also arisen. Under Chevron , a reviewing court examines the statute under which an agency claims the authority to regulate, to see if Congressional intent is clear. Raimondo and Relentless v.

Legal 69

Legal Legal Court Statute 69

JonathanTurley

SEPTEMBER 6, 2021

Both were legally and factually wrong. It is not just citizens but jurists and legal experts too who remain divided. Carhart struck down a partial-birth abortion law in Nebraska. Alexandria Ocasio-Cortez (D-N.Y.) promptly declared that the court “ overturned ” Roe v. 1 to demand emergency court intervention.

Laws 56

Laws Court Litigation Litigating 56

SCOTUSBlog

FEBRUARY 28, 2023

But the court’s decision could also have a much broader legal impact, affecting when and how states can go to court to challenge federal policies and how courts should interpret other laws giving powers to federal agencies. Nebraska and was filed by six states with Republican attorneys general.

Education 145

Education Statute Government Court 145

ClimateChange-ClimateLaw

OCTOBER 25, 2024

If that language continues to be upheld on appeal, the SIFMA decisions foreshadows the strength of ERISA’s protections for fiduciary autonomy in making sound investment decisions, so long as plan fiduciaries are steadfast in their commitment to their legally mandated duties. The issue of standing must also be considered.

Court 86

Court Litigation Litigating Government 86

SCOTUSBlog

FEBRUARY 23, 2023

Nebraska and Department of Education v. Elizabeth Slattery is a senior legal fellow at Pacific Legal Foundation , a nonprofit legal organization that defends Americans’ individual liberty and constitutional rights. Department of Education (brought by my colleagues at Pacific Legal Foundation).

Education 111

Education Court Statute Legal 111

ClimateChange-ClimateLaw

FEBRUARY 14, 2025

As a general matter, the President derives emergency powers from the Constitution and statutes. Nebraska that emergency authority does not empower the President to take actions free from statutory limitations. The universe of possible legal authorities related to the activities named above is vast. 4531(a)(1).

Construction 87

Construction Depositions Laws Legal 87

Above The Law

MARCH 7, 2025

But beneath the straightforward legal question lies a revealing pattern of inconsistency from some of the Courts conservatives. Elon Musk and his DOGE crew went into USAID and halted nearly all payments, which created an interesting legal problem that had been mostly theoretical prior to the current administration. First was Biden v.

Court 127

Court Contract Government Constitutional Law 127

ClimateChange-ClimateLaw

OCTOBER 19, 2023

Following the West Virginia decision, analysis of the MQD has proliferated as legal scholars grapple with the doctrine’s lack of definition. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. However, it objected to the EPA’s interpretation of its authorizing statute.

Statute 85

Statute Court Government Administrative Law 85

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. 28, the Supreme Court will hear oral arguments in two cases challenging the legality of President Joe Biden’s massive student-loan forgiveness plan. If the statute is ambiguous, courts must presume that Congress have not given the agency the power in question.

Statute 115

Statute Education Court Legal 115