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27 Jun 2024, 11:40 am by David Badertscher
Below is a brief description of topics covered and a list of useful resources for those interested in pursuing these topics in greater detail: Panelists discussed automated decision-making tools used by law enforcement, prosecutors, defense attorneys, judges, and corrections officials. [read post]
27 Jun 2024, 11:26 am by Amy Howe
A federal judge in Idaho agreed with the Biden administration and temporarily barred Idaho from enforcing its ban to the extent that it conflicts with EMTALA. [read post]
27 Jun 2024, 11:19 am by Kevin LaCroix
  Rather than recognize that right, the dissent would permit Congress to concentrate the roles of prosecutor, judge, and jury in the hands of the Executive Branch. [read post]
27 Jun 2024, 10:58 am by Goldfinger Injury Lawyers
Ultimately, it would be up to a Judge to decide on whether or not the claim was brought within the 2 year limitation period. [read post]
27 Jun 2024, 10:54 am by Dennis Crouch
Vidal (Case No. 23-1231) I’ve previously written about this case which focuses the interplay between statutory provisions and old judge-made doctrines in patent law. [read post]
27 Jun 2024, 9:59 am by Andrew Weissmann
On July 4, 2023, a federal judge in Louisiana granted a preliminary injunction, relying in significant part on a number of mischaracterizations and false claims in issuing a wide-ranging order limiting government communication with social media platforms and independent researchers. [read post]
27 Jun 2024, 9:42 am by Benjamin P. Edwards
Unsurprisingly, it hands the SEC yet another loss and rules that it cannot pursue relief for securities fraud claims before its administrative law judges because the Seventh Amendment entitles defendants to a jury... [read post]
27 Jun 2024, 9:40 am by Eric Goldman
” In Part IV of the majority opinion written by Justice Thomas (joined by Chief Justice Roberts and Justices Alito, Gorsuch, and Kavanaugh), the Elster Court said: “We do not set forth a comprehensive framework for judging whether all content-based but viewpoint-neutral trademark restrictions are constitutional. [read post]
27 Jun 2024, 9:29 am by Josh Blackman
Judge Ho hinted at this possibility in Footnote 10 of his Kersee concurrence (which I wrote about here). [read post]
27 Jun 2024, 9:05 am by Joy
#LegalNewsPostoftheDay: Nunavut judge sentences Toronto woman to three years in prison in a case of Inuit identity fraud #law #legal #LegalNews via @CTVNews https://tinyurl.com/4s4348hn - Garry J. [read post]
27 Jun 2024, 8:55 am by Lawrence Solum
I respond that (a) the power was broader and more consequential than Wurman maintains, and (b) a theory of the nondelegation doctrine premised on the distinction between “important subjects” and “details” is so malleable as to be non-falsifiable as a historical matter, which means that any judge who invokes the theory to toughen the doctrine today is not following history’s lead but instead is engaging in a creative and political act of constitutional… [read post]
27 Jun 2024, 8:19 am by Doug Cornelius
Jarkesy The case presented three issues: (1) Whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment. (2) Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine. (3) Whether Congress violated Article II by… [read post]
27 Jun 2024, 8:04 am by Abbe Gluck
. 'Our system of justice,” they wrote, “demands that the allegations against the Sackler family be fully and fairly litigated in a public and open trial, that they be judged by an impartial jury, and that they be held accountable to those they have harmed. [read post]
27 Jun 2024, 7:58 am by Dan Farber
  When he was a lower court judge, Justice Kavanaugh had opposed that approach, so it is a relief that he did not raise his objections again. [read post]
27 Jun 2024, 7:56 am
 Pix credit hereI am posting and providing brief reflections on the essays that make up the excellent new online symposium organized by the marvelous Caroline Omari Lichuma and Lucas Roorda and appearing on the blog site of the Business and Human Rights Law Journal. [read post]
27 Jun 2024, 7:30 am
" Yes, the case went to an "administrative law judge," "But the title 'judge' in this context is not quite what it might seem. [read post]