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29 Apr 2024, 1:21 pm by Corynne McSherry
It’s retroactive, meaning the post-mortem right would apply immediately to the heirs of, say, Prince, Tom Petty, or Michael Jackson, not to mention your grandmother. [read post]
29 Apr 2024, 9:36 am by Rebecca Tushnet
” Only resale would trigger Justice Jackson’s definition of “use. [read post]
27 Apr 2024, 2:40 pm by Marty Lederman
 As Justice Jackson noted at the end of the argument, the list "goes on and on and on .... [read post]
26 Apr 2024, 11:05 am by Guest Author
  However, SCOTUS will strike the rule down on one of two grounds:  Either: MQD grounds because it is retroactive, because the rule affects the contracts of 30 million, because contracts are perceived to be largely a matter of state law, and because employment is not the FTC’s ‘wheelhouse. [read post]
26 Apr 2024, 9:08 am by John Elwood
Wullschleger, 23-677Issues: (1) Whether a post-removal amendment of a complaint to omit federal questions defeats federal-question subject matter jurisdiction pursuant to 28 U.S.C. [read post]
25 Apr 2024, 6:28 am by Ronald Mann
” Nor was she alone; with the lone exception of Justice Ketanji Brown Jackson, not a justice said a word to support the NLRB’s standard on that part of the case. [read post]
23 Apr 2024, 1:32 pm by Amy Howe
Jackson Women’s Health Organization, overturning the constitutional right to an abortion, the Biden administration argued that EMTALA – which requires emergency rooms that participate in Medicare to provide “necessary stabilizing treatment” – supersedes an Idaho law that makes it a crime to provide an abortion except in a handful of narrow circumstances, including to save the life of the mother or in cases of rape or incest. [read post]
23 Apr 2024, 10:05 am by Neil H. Buchanan
Lee and Stonewall Jackson from what was then called Lee Park, as well as the city council's decision to change the name of said public park. [read post]
23 Apr 2024, 9:46 am by Samuel Bray
There was some concern, especially from Justice Jackson, about the importance of the statutory context. [read post]
22 Apr 2024, 2:49 pm by Amy Howe
Kagan pressed Evangelis to explain how, as a practical matter, a necessity defense would work in the case of people who are homeless. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
The Case and the Decision After his appointment as City Manager for Port Huron, Michigan, James Freed expanded the use of his “public” Facebook page to post about not only personal matters but also about matters related to his public office. [read post]
22 Apr 2024, 4:01 am by Deanne Sowter
The peace bond was stayed by the Crown after the Ministry of Children and Family Development (MCFD) investigated the matter and concluded there were no child protection concerns (BCCA at paras 29-31). [read post]
18 Apr 2024, 2:44 pm by Josh Blackman
In dissent, Justice Jackson would have given some deference to the prevailing party where both of the lower courts agreed. [read post]
18 Apr 2024, 11:02 am by Josh Blackman
Both of these important writings reflect a lot of careful thought and attention on a matter of public concern. [read post]
16 Apr 2024, 6:49 am by Samuel Bray
And Justice Jackson made exactly that point (footnote 3). [read post]
15 Apr 2024, 8:35 am by Amy Howe
  The post Court declines to intervene in lawsuit against Black Lives Matter organizer appeared first on SCOTUSblog. [read post]
12 Apr 2024, 11:33 am by Josh Blackman
The landowner is "likely to accede to the government's demand, no matter how unreasonable," so long as she values the building permit more. [read post]