At the Lectern

OCTOBER 24, 2022

2d 711, where a divided court held to be unconstitutional Civil Code statutes prohibiting inter-racial marriages. Virginia (1967) 388 U.S. The heart of the presentation addresses the recognition of bias and the legal theories that concern its elimination. Sharp (1948) 32 Cal.2d The decision preceded the U.S.

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JURIST

JULY 21, 2021

The US District Court for the Eastern District of Virginia on Friday granted Microsoft Corporation (Microsoft) a temporary restraining order (TRO) requiring domain registrars to disable service on the malicious “homoglyph” domains identified in Appendix A to Microsoft’s complaint. Microsoft confirmed receipt of the order on Monday.

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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] 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 ? ARTICLE 13.

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Broadcast Law Blog

JULY 18, 2021

The fee adjustments are meant to reflect the legal, engineering, and supervisory resources used in reviewing an application. ( Fee Filing Guide ). federal issue ads) – a requirement that was imposed by statute almost two decades ago but never reflected in the FCC rules. FM translator minor changes will, for the first time, carry fees.

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SCOTUSBlog

NOVEMBER 7, 2022

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. Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights.

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JURIST

OCTOBER 12, 2024

The US Department of Justice (DOJ) announced Friday that it filed a lawsuit against the Virginia Board of Elections (VBE) and the state Commissioner of Elections, claiming a state program allegedly violated federal voter registration requirements.

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Diane Drain

APRIL 15, 2021

Critics say that and other provisions could harm homeowners struggling to make ends meet, and the legislation might force debtors to seek additional legal help on old bankruptcy cases they thought were closed. This blanket protection of a person’s home investment would rise to $250,000 if the bill passes.

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The Crime Report

JULY 22, 2021

In some examples cited in the paper, a Virginia defendant in Virginia charged with transporting marijuana pleaded guilty to trafficking a different type of drug altogether; a New York defendant charged with animal cruelty pleaded guilty to trespassing even though no trespassing was involved.

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The Crime Report

MAY 12, 2022

Virginia Gov. Wade, demonstrators have gathered over the past week at the homes of several conservative justices and insist that they are legally exercising their First Amendment rights. Separately, a Virginia law prohibits demonstrations of any kind at or near private residences. Glenn Youngkin and Maryland Gov.

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The Crime Report

JUNE 16, 2022

Still, the case illustrated the confusion surrounding application of the “initial aggressor” legal doctrine in U.S. jurisprudence, according to a forthcoming Legal Studies Research Paper published under the auspices of George Washington University Law School. The jury didn’t agree. Similarly, in People v.

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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? The USPTO requires an application data sheet (“ADS”) that lists the identity of each inventor by his or her legal name. Thaler, assignee, filed U.S. Patent Appl. 16/524,350 (“the ’350 Appl.”)

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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. They argue that the jurisdictional threshold under the APA is less demanding than statutes allowing for money damages. After 23 years of drought, the desert southwest is in a water crisis.

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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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Conflict of Laws

JUNE 28, 2023

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. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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SCOTUSBlog

FEBRUARY 16, 2024

The legality of LD-15, which had an approximately 51.5% Because of the wrinkles of the court’s jurisdictional statutes, Garcia comes from the three-judge district court directly to the Supreme Court as an appeal over which the court has mandatory jurisdiction. Hispanic voting-age population, was subject to two different challenges.

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ClimateChange-ClimateLaw

JUNE 14, 2023

Most of the rhetoric and activity has occurred in the first two categories in the US, so we focus there, in an effort to differentiate political narratives from legal reality. There are several statutes that form the basis of our antitrust laws. And what are the permissible boundaries of that behavior?

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Finance Government Laws Legal 105

JonathanTurley

JULY 3, 2022

Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. Yet, some justices might not be pleased by the Marshal essentially advancing such a legal claim in calling for this crackdown on protesters. In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov.

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JonathanTurley

OCTOBER 18, 2021

Those politicians publicly thumped their chests about going to the Supreme Court with the law and limiting the Second Amendment precedent; professing absolute confidence, they litigated the law, and, again, the 2nd Circuit supported the dubious statute. Cato has argued that judicial “inaction has contributed to the Second Amendment’s demise.

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JURIST

APRIL 5, 2021

The Supreme Court of Virginia Thursday ruled that the city of Charlottesville can remove two Confederate statues, including one of General Robert E. Among the plaintiffs in the lawsuit filed against the city were the Virginia Division of the Sons of Confederate Veterans, Inc., and The Monument Fund, Inc.

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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

The Sabin Center’s Renewable Energy Legal Defense Initiative provides pro bono legal counsel to community members who support renewable energy projects.) . These permitting decisions may then subject transmission lines to NEPA, among other statutes. . Three Recent Pipeline Setbacks. Last year the D.C.

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SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” A debtor would beg to differ.”). filed June 5, 2017; emergency motion for stay granted July 3, 2017).

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JURIST

NOVEMBER 28, 2021

A US District Court jury in Virginia decided Tuesday that 17 white nationalist leaders and organizers of the deadly 2017 “Unite the Right” rally in Charlottesville are liable for more than $26 million in damages. In August 2017, white nationalists and supremacists marched through Charlottesville and the University of Virginia campus.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Ergon-West Virginia, Inc. The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” EPA’s brief is due December 15. 19-2128 (4th Cir. Williams , No. 20-127 (2d Cir.

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SCOTUSBlog

NOVEMBER 8, 2022

The legal doctrine at the center of the case, Mallory v. The plaintiff in the case is Robert Mallory, a Virginia man who worked for Norfolk Southern, a Virginia-based railroad, in Virginia and Ohio. Norfolk Southern Railway Co. , is known as personal jurisdiction – a court’s power to hear a lawsuit against a defendant.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Animal Legal Defense Fund.

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LawSites

FEBRUARY 26, 2024

Editor’s note: The following guest post is a response to my recent post, The Justice Gap in Legal Tech: A Tale of Two Conferences and the Implications for A2J. Bob Ambrogi recently contrasted the efficiency and elegance of legal-tech tools available in the corporate sector with those designed for the civil justice system.

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The Crime Report

AUGUST 18, 2022

In a case involving a former inmate who accused a Virginia prison of discrimination, a federal appeals court has held that the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.”. The ruling expanded the legal consensus on the discrimination protections available to some transgender people.

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SCOTUSBlog

OCTOBER 30, 2021

New York finds solace in the Statute of Northampton (1328), which forbade any person to “bring no force in affray of the peace, nor to go nor ride armed” in certain places. Sir John Knight (1686) read the statute to prohibit “going or riding armed in affray of peace,” i.e., in a manner “to terrify the King’s subjects.”

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The Crime Report

NOVEMBER 24, 2021

The latest research, conducted by Jeffrey Swanson, Josie Caves Sivaraman, Brett Gardner, and Darrell Miller , of Duke University and the University of Virginia, examines the rationale and effectiveness of the laws within the landscape of the 50 states. Key Findings and Policy Implications. Josie Caves Sivaraman , Ph.D.,

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. Nunes did not ask for such a correction under California law because he filed in Virginia. It was a cascading deconstruction of the lawsuit. Jones , 370 F.

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ClimateChange-ClimateLaw

AUGUST 6, 2024

For example, in recent years, federal courts have denied motions for preliminary injunction in litigation pertaining to the South Fork Wind , Vineyard Wind , and Coastal Virginia Offshore Wind projects. To date, federal courts have been reluctant to grant this type of extraordinary relief in challenges to offshore wind projects.

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SCOTUSBlog

DECEMBER 10, 2021

Virginia – the Supreme Court holding that the Eighth Amendment prohibits executing a person with intellectual disability – must prove the disability beyond a reasonable doubt. In 2018, the Animal Legal Defense Fund – which, according to Kansas Gov. Animal Legal Defense Fund. Animal Legal Defense Fund. The case is Kelly v.

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The Crime Report

JULY 15, 2022

Indeed, there are several reasons why the Act and Bruen decision are neither incompatible with—nor out of the mainstream of—legal and policy thought. States can and should ensure such statutes provide extensive due process protections.

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SCOTUSBlog

JUNE 20, 2024

23-900 Issue: Whether an award of the “defendant’s profits” under the Lanham Act can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates. Dewberry Engineers, Inc. , relisted after the June 13 conference) Seven County Infrastructure Coalition v. Florida and Moore v.

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SCOTUSBlog

APRIL 19, 2024

Certain statutes permit the payment of “a reasonable attorney’s fee” to “the prevailing party” in litigation: 42 U.S.C. In Lackey , the Virginia seeks review on the issue of whether a plaintiff who obtains a preliminary injunction – but does not secure a final judgment — may be a “prevailing party” entitled to attorney’s fees.

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JonathanTurley

OCTOBER 31, 2021

However, there are still some notable additions that raise more legal frights. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

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