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17 Oct 2023, 9:05 pm by Dan Flynn
After Ag-gag laws were originally based on criminal law, North Carolina was known for switching to civil law, but in a 2-to-1 ruling, the 4th U.S. [read post]
17 Oct 2023, 9:15 am by Eileen McDermott
Supreme Court on Monday denied certiorari to review a February ruling of the U.S. [read post]
17 Oct 2023, 6:30 am by Guest Blogger
Chevron deference, of course, does depend upon the “reasonableness” of the agency’s rule but, as interpreted by courts today, it is not necessarily or even primarily geared toward that the quality of the reasoning (on the unique features of review based on the quality of reason-giving, see especially the work of Jerry Mashaw). [read post]
14 Oct 2023, 1:01 am by rhapsodyinbooks
He advocated eloquently for Black rights, along with the health and safety of immigrant industrial workers and the rights of people in places such as Puerto Rico, Hawaii, and the Philippines, which were ruled by the United States in a time of imperialism. [read post]
11 Oct 2023, 3:30 pm by Jacob Fishman
Current case law and ethical rules set up well-intentioned prosecutors by obscuring the racial bias embedded in this rhetoric and the likely impact of coded language on jurors. [read post]
11 Oct 2023, 5:35 am by Steve Brachmann
In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). [read post]
11 Oct 2023, 5:35 am by Steve Brachmann
In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). [read post]
11 Oct 2023, 4:00 am by Michael C. Dorf
"(3) Later today (2 PM ET), Professor Vikram Amar and I will preview the current SCOTUS Term for a Justia Webinar. [read post]
6 Oct 2023, 2:19 pm by John Ross
In which the Fifth Circuit honors the first rule of admiralty law: seafaring puns. [read post]
6 Oct 2023, 10:29 am by Alyzza Austriaco
” ( PLURIBUS NEWS , STATE NET) SCOTUS to Consider Constitutionality of FL, TX Social Media Anti-Censorship Laws The U.S. [read post]
4 Oct 2023, 12:46 pm by Brett Natarelli
But importantly, the Fifth Circuit sided with the CFPB on all statutory or administrative law challenges to the Payday Lending Rule; accordingly, if SCOTUS holds the CFPB funding structure is constitutional, the Payday Lending Rule will stand. [read post]
4 Oct 2023, 12:11 pm by wparmet
Lincoln* Last June, in Students for Fair Admissions (SFFA), the Supreme Court ruled that universities could not consider race in admitting students. [read post]
3 Oct 2023, 5:25 pm by Michael Lowe
Federal Rule of Criminal Procedure 29: Defense Motion for Acquittal Acquittals are big deals in any criminal defense case. [read post]
3 Oct 2023, 6:52 am by Kristen E. Larson
Supreme Court agreed to decide when a right of action first accrues for an Administrative Procedure Act (APA) challenge to a final rule issued by a federal agency—when the final rule is issued or when the rule first causes injury. [read post]
2 Oct 2023, 4:00 am by Michael C. Dorf
The respondents represent payday lenders, who don't like a rule promulgated by the CFPB. [read post]
29 Sep 2023, 2:31 pm by JD Hull
The petition for a writ of certiorari is granted limited to the following question: Whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act’sstatute of limitations for civil actions, 17 U. [read post]