LawSites

DECEMBER 29, 2021

As I survey the legal profession broadly, and the world of legal tech and innovation specifically, I see uncertainty and inertia. It is as if we are serving time in a legal tech limbo. After all, it was a good year for the legal tech industry. Overall, the legal tech industry saw unprecedented growth.

Legal 52

Legal Legal Legal Services Technology 52

FDA Law Blog

AUGUST 8, 2024

Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations. Other states variously control marijuana as a schedule III (Minnesota), schedule VI (Arkansas, Massachusetts, North Carolina and Tennessee), schedule VIA (Alaska), or schedule Z (Maine).

Healthcare 59

Healthcare Manufacturing Attorney Statute 59

JURIST

JANUARY 4, 2021

The Court of Appeals of North Carolina ruled Thursday that people who are or have been in a dating relationship with a same-sex partner are equally protected against domestic violence as persons in opposite-sex relationships placed in a similar situation. North Carolina was the only US state where such protection had been unavailable.

Court Rules 188

Court Rules Court Statute Court Decisions 188

SCOTUSBlog

MARCH 21, 2022

After the law went into effect over a veto by the state’s governor, Democrat Roy Cooper, the North Carolina NAACP went to federal court, arguing that the law violates both federal voting rights laws and the Constitution. In Berger v. Doesn’t that just make things more complicated?”.

Attorney 94

Attorney Litigating Litigation Laws 94

JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. While his death was due to the negligent lack of road barriers, his family will face considerable legal barriers to recovery that could prove insurmountable.

Tort 34

Tort Personal Injury Legal Legal 34

Constitutional Law Reporter

NOVEMBER 28, 2022

University of North Carolina, which are poised to determine the role of affirmative action in college admissions. Another provision of the statute, however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. Harvard College and SFFA v.

Constitutional Law 52

Constitutional Law Statute Education Court Rules 52

The Crime Report

SEPTEMBER 16, 2021

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

Attorney 127

Attorney Court Lawyer Lawyers 127

The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. In addition to challenging the perverse financial incentives built into civil forfeiture, the class action lawsuit highlights problems with police notions of “consent”—an important legal question when officers take property using civil forfeiture.

Misdemeanor 115

Misdemeanor Court Attorney Statute 115

The Crime Report

NOVEMBER 24, 2021

For example, according to Josie Caves Sivaraman, a Postdoctoral Research Associate in the Department of Psychiatry and Behavioral Sciences at Duke University School of Medicine, North Carolina has no restriction, and anyone over the age of 18 can purchase a firearm. Key Findings and Policy Implications.

Law School 115

Law School Laws Statute Legal 115

The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework.

Statute 105

Statute Lawyer Lawyers Court 105

JURIST

JUNE 17, 2021

The US Court of Appeals for the Fourth Circuit on Wednesday upheld a lower court’s decision to strike down North Carolina’s statewide abortion restrictions. For the past 140 years, North Carolina has criminalized the “procurement or administration of abortion as a felony.”

Court 129

Court Felony Statute Legal 129

SCOTUSBlog

JANUARY 25, 2022

University of North Carolina. Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund.

Court Rules 121

Court Rules Court Statute Education 121

SCOTUSBlog

MARCH 16, 2022

Woods , 21-144 , involves a nonprofit ministry that operates a free legal-aid clinic. The clinic is overtly religious; in addition to legal issues, clinic staff discuss Jesus with clients and sometimes pray with them. Both of this week’s new relists arise from religious exercise claims. Seattle’s Union Gospel Mission v.

Statute 111

Statute Small Business Court Attorney 111

SCOTUSBlog

DECEMBER 31, 2020

Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. Virginia , the court did find the statute unconstitutional. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. 29, 1941 – Nov.

Court 119

Court Lawyer Lawyers Administrative Assistant 119

SCOTUSBlog

OCTOBER 30, 2022

In cases involving the University of North Carolina and Harvard , they argue that the 14th Amendment (which applies to public universities) and Title VI of the Civil Rights Act (which applies to private universities that take federal funding) bar affirmative action altogether. 9, another remedial statute is at risk.

Court 103

Court Constitutional Law Statute Education 103

JonathanTurley

MARCH 5, 2022

As the federal recusal statute makes clear, recusal is proper where a judge’s “impartiality might reasonably be questioned.”. It raises more questions of how to draw the line between legal and factual determinations. A ruling on the same question in the North Carolina case will have a direct impact on Harvard.

Government 44

Government Court Education Litigation 44

FDA Law Blog

MAY 14, 2021

387 (notes to statute, § 3, ¶ 7). Others, such as Senators Richard Burr of North Carolina have vehemently opposed the ban when illegal drugs such as marijuana are being legalized. 21 U.S.C. § Congress would let FDA come to its own decision based on whether menthol cigarettes posed a danger to public health. 387g(a)(1)(A).

Manufacturing 52

Manufacturing Drafting Statute Litigation 52

FDA Law Blog

MAY 14, 2021

387 (notes to statute, § 3, ¶ 7). Others, such as Senators Richard Burr of North Carolina have vehemently opposed the ban when illegal drugs such as marijuana are being legalized. 21 U.S.C. § Congress would let FDA come to its own decision based on whether menthol cigarettes posed a danger to public health. 387g(a)(1)(A).

Manufacturing 40

Manufacturing Drafting Statute Litigation 40

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. It then concluded with respect to the Hymes/Harwayne-Gidansky suit that the Dodd-Frank language quoted above simply codified the pre-existing legal standard and held their claims preempted. 6 conferences) North Carolina Farm Bureau Federation v.

Laws 94

Laws Personal Injury Court Tort 94

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. The states appealed the dismissal of the case.

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

MARCH 18, 2022

Share For the third time this term, the Supreme Court will weigh in on whether someone can stage an intervention – the legal kind, that is. The North Carolina legislature passed the voter-ID law at the center of the case in December 2018. Philip Berger, the leader of the North Carolina Senate. Legal arguments.

Litigation 104

Litigation Litigating Attorney Court 104

SCOTUSBlog

NOVEMBER 30, 2021

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. The Christian Legal Society and Robertson Center for Constitutional Law , Concerned Women for America , and Judicial Watch, Inc. Against stare decisis.

Stare Decisis 104

Stare Decisis Court Laws Statute 104

SCOTUSBlog

JUNE 30, 2022

Harper , an election case from North Carolina in which the justices will weigh in on the “independent state legislature” theory, the idea that state legislatures have the sole power under the Constitution to regulate federal elections, without interference from state courts. Grants for the 2022-23 term. In Percoco v. In Ciminelli v.

Court 87

Court Statute Government Lawyer 87

JonathanTurley

JULY 12, 2022

Another poll at the University of North Carolina found that conservative students are 300 times more likely to self-censor themselves due to the intolerance of opposing views on our campuses. But in more ordinary times, ordinary legal practice and legal education can grapple with these issues. Heidi Li Feldman.

Lawyer 51

Lawyer Lawyers Laws Law School 51

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 38

Tort Statute Criminal Law Court 38

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. For example, the Fourth Circuit recently applied the MQD in North Carolina Coastal Fisheries Reform Group v. However, it objected to the EPA’s interpretation of its authorizing statute.

Statute 85

Statute Court Government Administrative Law 85