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Law and religion round-up – 2nd July

1 Jul 2023, 11:27 pm by Frank Cranmer

Quick links Peter Frost, Chris Jones and Josh Peters, Lexology: UK: EAT provides welcome guidance on proportionality in belief/freedom of expression cases: on Higgs v Farmor’s School. [read post]

Law & Religion UK - https://lawandreligionuk.com

A little more critical commentary on Jones v. Hendrix

1 Jul 2023, 8:43 pm by Douglas A. Berman

[read post]

Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/

[Jonathan H. Adler] Looking Back on the Supreme Court's 2022-23 Term

1 Jul 2023, 2:31 pm by Jonathan H. Adler

Elenis on whether a web designer could be required to make websites celebrating same-sex marraige, and Jones v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] S. Ct. Will Review Whether Second Amendment Allows Disarming of People Subject to Civil Restraining Orders

30 Jun 2023, 9:41 am by Eugene Volokh

Compare Kanter v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

State v. Newborn: Failure to Separately Indict Felon-in-Possession Did Not Deprive Court of Jurisdiction

29 Jun 2023, 1:51 pm by Shea Denning

Jones, 371 N.C. 548 (2018). [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

FOIA News: Battle Continues Over Law Firm's VW Emissions Report

28 Jun 2023, 6:38 am by Allan Blutstein

The findings were shared with the government as part of grand jury proceedings. * * *The case is Kalbers v. [read post]

FOIA Advisor - http://www.foiaadvisor.com

When “Breaking Things” Costs Lives

28 Jun 2023, 4:27 am by SHG

After all, who would believe that when ChatGPT tells you that Smith v. [read post]

Simple Justice - http://blog.simplejustice.us

By a 6-3 vote, the Supreme Court holds that a federal prisoner who has already filed (and exhausted) a motion under 28 U.S.C. § 2255 can’t file another postconviction motion to raise a claim of legal innocence based on an intervening statutory-interpretation-decision of the Supreme Court. Section 2255(h) bars second or successive 2255 motions based on non-constitutional claims; and the “saving clause” of § 2255(e) doesn’t authorize a petition for a “writ of habeas corpus,” under § 2241, for claims barred by § 2255(h). Jones v. Hendrix, Sup. Ct. 21-857, __U.S.. __ (June 22, 2023).

27 Jun 2023, 12:31 pm by Darrell Fields

Jones v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

18 U.S.C. § 2255 does not allow a prisoner asserting an intervening change in interpretation of a criminal statute to circumvent AEDPA's restrictions on second or successive § 2255 motions by filing a habeas petition under 28 U.S.C. § 2241

26 Jun 2023, 8:24 am

In Jones v. [read post]

Third Circuit Blog - http://circuit3.blogspot.com/

All Claims Lost For Failure to Identify Shortcomings

26 Jun 2023, 3:15 am by Andrew Lavoott Bluestone

The complaint fails to state a cause of action for defamation and consequently, libel and slander, because it does not set forth the words of the allegedly false statement and it does not allege any other of the requisite elements of the claims (see CPLR 3016 [a]; Stepanov v Dow Jones & Co., Inc., 120 AD3d 28, 34 [1st Dept 2014]). [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

How many legally innocent federal prisoners are stymied by Jones and do they have other pathways to relief?

25 Jun 2023, 3:17 pm by Douglas A. Berman

[read post]

Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/

[Eugene Volokh] The First Amendment and Refusals to Deal

25 Jun 2023, 10:54 am by Eugene Volokh

NAACP v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Court blocks pathway for federal prisoners to raise legal innocence claims

23 Jun 2023, 6:37 am by Noam Biale

The court’s decision in Jones v. [read post]