Search for: "The Supreme Court of the State of California"
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10 May 2024, 11:07 am
The Supreme Court stated that the derivative work served the same commercial purpose as the original and the fair use factor – purpose and context – weighed against the Andy Warhol Foundation’s fair use defense. [read post]
10 May 2024, 7:13 am
Supreme Court after the pork industry lobby filed legal challenges. [read post]
10 May 2024, 6:45 am
They rely on the equal sovereignty principle, which the Supreme Court applied in Shelby County v. [read post]
10 May 2024, 6:30 am
Justices Leave Door Open to Discovery Rule Copyright Damages — Bloomberg Law’s Kyle Jahner writes about yesterday’s Supreme Court decision in Warner Chappell Music v. [read post]
10 May 2024, 3:27 am
That decision was reversed by the court of appeals, and the Supreme Court of Wisconsin affirmed the appellate decision. [read post]
10 May 2024, 3:00 am
Court Temporarily Suspends Trump Lawyer John Eastman’s Law License MSN – Maegan Vazquez (Washington Post) | Published: 5/4/2024 The District of Columbia Court of Appeals suspended John Eastman’s law license after a similar decision in California, which did so over his role in a legal strategy to help Donald Trump stay in power after his 2020 election loss. [read post]
9 May 2024, 10:01 pm
The case made its way to the US Supreme Court after losing in the Supreme Court of California and the Circuit Court of the United States for the District of California. [read post]
9 May 2024, 7:15 am
Here is the abstract: The Supreme Court has decided one blockbuster after another by appeal to “history and tradition,” deploying this trope to remake key features of the constitutional landscape: from overturning Roe to abolishing affirmative action, from narrowing the scope of public accommodations to widening the margin for church/state entanglements. [read post]
9 May 2024, 7:00 am
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court… [read post]
9 May 2024, 7:00 am
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court… [read post]
8 May 2024, 2:24 pm
Idaho State Tax Comm’n, the Idaho Supreme Court crafted a unique approach to agency deference in a case involving conflicting tax statutes. [read post]
8 May 2024, 2:00 pm
Plaintiffs would lose even in the current Supreme Court; fairly clearly, in my opinion.The only thing that surprised me, though, was who was suing.The plaintiffs themselves are John Does. [read post]
8 May 2024, 1:18 pm
On May 6, 2024, the California Supreme Court issued its decision in Naranjo v. [read post]
8 May 2024, 12:15 pm
The California Supreme Court notes that whether premium pay for missed meal breaks should be reported on wage statements as “wages” was unsettled when the case was tried between 2007-2009 and wasn’t settled until the California Supreme Court’s 2022 decision. [read post]
8 May 2024, 6:00 am
Rosenbaum, Amanda Mangaser Savage, Kathryn Eidmann and Sarah Camiscoli of the bar of the State of the State of LA, California, of counsel), for appellants.Letitia James, Attorney General, New York (Mark S. [read post]
8 May 2024, 6:00 am
Rosenbaum, Amanda Mangaser Savage, Kathryn Eidmann and Sarah Camiscoli of the bar of the State of the State of LA, California, of counsel), for appellants.Letitia James, Attorney General, New York (Mark S. [read post]
8 May 2024, 4:26 am
In a 1984 pornography case, Supreme Court Justice Potter Stewart wrote “I shall not today attempt further to define [obscenity]. . . . [read post]
7 May 2024, 2:19 pm
California, the Supreme Court struck down a California law that made it a crime to bring or assist in bringing into the State any indigent person who was not a California resident. 314 U.S. 160 (1941). [read post]
7 May 2024, 10:44 am
(Or at least the best one that doesn't take up 20,000+ words.)The California Supreme Court has to wade into all this in deciding this opinion, which holds that, in this particular context, the required mental state of "knowing" is belied by a good faith belief in the legality of one's conduct. [read post]
7 May 2024, 6:30 am
Two years later, the California Supreme Court sided with peyote users who asserted that a state law prohibiting the use of peyote interfered with their right to freely exercise their religion. [read post]
