Conflict of Laws

JUNE 13, 2024

It is essential to stay focused on institutional capacities, expertise and competence and how to enhance them—instead of individualized expertise, which, though important, are weak foundations for enduring legal evolution and a reliable PIL regime. These must be situated in the broader contexts of the legal systems and the specific dispute.

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SCOTUSBlog

APRIL 18, 2022

First, he cites legislative history demonstrating the general pro-claimant design of the veterans’ benefits laws as well as Congress’ more specific intent that the “clear and unmistakable error” remedy reach the kind of legal error at issue in the case.

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JonathanTurley

AUGUST 7, 2022

These signatories seek to sanction Barrett for holding opposing views on issues that have divided the court and the legal profession for decades. The point is only that the case is protected by the same principles of a stare decisis as other cases, which affords protection to precedent but does not make such cases inviolate.

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Patently O

JULY 14, 2024

The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis. 29 (1987), the court noted that it could not reconsider the merits of an award even if the arbitrators made factual or legal errors in interpreting a contract. Citing precedents like United Paperworkers v.

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Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.

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Conflict of Laws

MARCH 10, 2021

If that is so, as is indeed it is, how much less can parties by their private acts remove the jurisdiction properly and legally vested in our Courts ? 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. What is the solution?

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JonathanTurley

MAY 14, 2022

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

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Above The Law

JUNE 28, 2022

* Here's a map showing the legality of abortion, state by state. [ Stare decisis? The Guardian ]. I hardly knew her! [ A matter of judgment: Louisiana judge temporarily prevents abortion ban from kicking in. States scramble to prevent the 2nd Amendment from being an absolute right. [ The post Morning Docket: 06.28.22

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SCOTUSBlog

JANUARY 17, 2024

Roman Martinez, representing one group of fishing vessels, told the justices that the Chevron doctrine undermines the duty of courts to say what the law is and violates the federal law governing administrative agencies, which similarly requires courts to undertake a fresh review of legal questions.

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JURIST

MARCH 8, 2021

” The Court of Appeals has ruled “that its published opinions are binding on this court and on the district courts,” based on the premise of stare decisis.

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JonathanTurley

MAY 4, 2022

No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent.

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The Crime Report

APRIL 8, 2022

TCR: The first part of your book focuses on the roots of the current legal system in English Common. Leniency disguised the overclass interests in the legal system in England at that time because it wasn’t really designed to do anything good for the working classes or for the poor. And I think that the answer is yes.

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SCOTUSBlog

MAY 11, 2022

But Cochran’s brief, instead of saying the court should deny review or hold the case for Axon , argued that the court should instead grant plenary review and consider her case alongside Axon to make sure that all relevant legal issues are completely resolved. relisted after the April 29 conference). Securities and Exchange Commission v.

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LawSites

JUNE 2, 2022

But, legal tech nerd that I am, I wondered how the draft would fare if I subjected it to the scrutiny of the legal editing software BriefCatch , which recently rolled out a new-and-improved version 3 of its product. Gorsuch, whom Slate once pronounced a terrible writer. Given that, this suggestion from BriefCatch seems prescient.

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SCOTUSBlog

JUNE 2, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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SCOTUSBlog

MARCH 20, 2023

Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis. Those companies tend to prefer to seek legal relief under U.S. Under this theory, when a U.S. law in front of a U.S.

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SCOTUSBlog

APRIL 20, 2022

Animal Legal Defense Fund. In 2018, the Animal Legal Defense Fund sought a declaratory judgment and permanent injunction on the ground that the law violates the First Amendment’s free speech clause. Animal Legal Defense Fund , 21-760. It seems like the odds of a grant are good in one or both cases. Next up is Kelly v.

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SCOTUSBlog

DECEMBER 10, 2021

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. In 2018, the Animal Legal Defense Fund – which, according to Kansas Gov. Animal Legal Defense Fund. Animal Legal Defense Fund.

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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. In Monday’s orders , the Supreme Court disposed of three relists.

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SCOTUSBlog

MARCH 30, 2022

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. That’s all for this week. Until next time, stay safe !

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SCOTUSBlog

MAY 26, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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SCOTUSBlog

APRIL 12, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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SCOTUSBlog

MAY 20, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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SCOTUSBlog

JUNE 7, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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SCOTUSBlog

FEBRUARY 4, 2022

Idealogues have sought to reshape the court’s jurisprudence in their own ideological vision, whether liberal or conservative, often at the expense of stare decisis and typically voiced most vigorously in dissenting opinions. While on leave from Harvard, he served as a senior legal adviser in the Senate. The pragmatist.

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JonathanTurley

DECEMBER 16, 2021

In a transition that began in 2011, Warren has struggled with the demands of politics that often pit her against core legal principles. demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. Elizabeth Warren (D., Sheldon Whitehouse (D-R.I.)

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ClimateChange-ClimateLaw

DECEMBER 6, 2021

For us, Supreme Court precedent, yes stare decisis, is loud and clear : Women, and the privacy and integrity of our bodies and our equal status under law, are written in the silent ink of the Constitution through the fifth and fourteenth amendments. The boat is sinking. What will our Justices do? United States.

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SCOTUSBlog

NOVEMBER 29, 2021

The abortion providers’ case relies heavily on stare decisis. Their brief asserts that not one but “two generations … have come to depend on the availability of legal abortion” – that essentially women have built their lives around abortion. These arguments are unpersuasive for several reasons.

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JonathanTurley

DECEMBER 5, 2021

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. There ain’t nothin’ more powerful than the odor of mendacity.”. They are not the only figures showing such selective outrage.

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SCOTUSBlog

JULY 6, 2022

Yet instead of giving due legal effect to this difference, which Dobbs holds “sharply distinguishes” abortion from contraception, Roe and Casey expanded procreative liberty from Griswold ’s right to prevent pregnancy by contraception to the right to terminate it by abortion.

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JonathanTurley

SEPTEMBER 12, 2022

I wanted to briefly respond on why the column replicates the historical and legal flaws of the Harris comments. demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. In her column, What Chief Justice Roberts Misses , Marcus writes that.

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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. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

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SCOTUSBlog

DECEMBER 1, 2021

All three legal teams have cut it a little close, and in a departure from normal custom, they do not greet each other or shake hands. He emphasizes the Casey court’s discussion of stare decisis, reading from the opinion and even giving the page numbers in the United States Reports. Casey did that,” she replies. “No,

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SCOTUSBlog

FEBRUARY 17, 2022

Breyer is meticulous, combing through the district court record, elevating empirical data, canvassing science, and interrogating the legal standards applied by the lower court. Second, Breyer explained that the law imposed “‘an undue burden on a woman’s ability’ to choose” abortion. Casey and Roe v.

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SCOTUSBlog

JULY 7, 2022

The limits came through a legal theory known as the “major questions” doctrine, the idea that if Congress wants to give a federal agency the authority to make decisions with “vast economic and political significance,” it must clearly say so.

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SCOTUSBlog

NOVEMBER 29, 2021

Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.” Stare decisis and the Kavanaugh test.

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