Posts filtered by tags: Court[x]


How Kimberly Guilfoyle, the 'human Venus flytrap,' has groomed boyfriend Don Jr. into a political powerhouse and turned herself into a conservative star

Kimberly Guilfoyle at the virtual Republican National Convention on August 24. Chip Somodevilla/Getty Images Kimberly Guilfoyle, the former Fox News host, has ingratiated herself with the Trump family and become the female face of MAGA. Thanks in part to Guilfoyle's grooming, her boyfriend, Donald Trump Jr., has gone from just being Ivanka's brother to becoming one of his father's most ferocious right-hand men. A senior campaign advisor said he doesn't know "anybody outside of Hope Hicks o...
Tags: New York Post, Florida, New York, Instagram, Obama, California, Montana, White House, New York City, Court, America, San Francisco, Trends, Fox, Gop, Ireland

"Courts, Culture, and the Lethal Injection Stalemate"

The title of this post is the title of this new paper authored by Eric Berger now available via SSRN. Here is its abstract: The Supreme Court’s 2019 decision in Bucklew v. Precythe reiterated the Court’s great deference to states in Eighth Amendment lethal injection cases.  The takeaway is that when it comes to execution protocols, states can do what they want.  Except they can't.  Notwithstanding courts’ deference, executions have ground to a halt in numerous states, often due to lethal inject...
Tags: Supreme Court, Law, Congress, Court, State, Eric Berger, Bucklew, Douglas A Berman, Precythe

The Supreme Court Trashes What Was Left of Its Legitimacy

While Kavanaugh is speculating about a “rigged election” even before it’s completed, the Court should have no role–and certainly not the...
Tags: Supreme Court, Court, Kavanaugh

Judge Orders USPS To Follow Its Own Plan For Getting Ballots In On Time

A federal judge on Friday ordered the U.S. Postal Service to follow its own purported plan to get ballots delivered to election officials in time. In a lengthy written order, U.S. District Judge Judge Emmet Sullivan laid out a series of instructions for the Postal Service aimed at areas of the country where completed ballots were taking too long to reach elections offices. In those areas, he said, USPS “shall implement the ‘Delivery’ measures outlined in USPS’s ‘Extraordinary Measures Memoran...
Tags: News, Court, Usps, Postal Service, U S Postal Service, Central Pennsylvania, Sullivan, Plaintiffs, United States Postal Service USPS, Emmet Sullivan, Emmet G Sullivan, Matt Shuham, Louis DeJoy, Election Mail, Atlanta Greater Michigan, England Oklahoma Rio Grande

Democrats say they fear election-week chaos, including vote-counting delays and violence in the streets

Voters stand in line for the first day of early voting at the Metropolitan Multi-Services Center in Houston, Texas on October 13, 2020. Mark Felix for The Washington Post via Getty Images Democratic operatives are concerned about several nightmare scenarios during election week. Potential issues Democrats fear include long lines at polling places, delayed vote counts, legal fights, and the president's efforts to undermine the legitimacy of the election.  Business Insider talked to half a d...
Tags: Politics, Voting, News, Supreme Court, Obama, Republicans, Washington Post, Senate, White House, Politico, Court, US, Trends, Georgia, Joe Biden, Pennsylvania

United States: Southern District Of New York Judge Strikes Down Department Of Labor Standard For Joint Employment - Troutman Pepper Hamilton Sanders

The Court found that the Final Rule was an incorrect interpretation of the text of the FLSA in several important ways.
Tags: News, Court, United States, FLSA

Supreme Court Decisions Last Night in the Pennsylvania and North Carolina Election Cases (with Vik Amar)

I am writing this post with my colleague Vik Amar.Last night the Supreme Court issued rulings in two election cases. We write in response to the statement issued by Justice Alito in the Pennsylvania case and the dissent by Justice Gorsuch in the North Carolina case. In the Pennsylvania case, the Court rejected a request by Pennsylvania Republicans to expedite (and consider before the election) their challenge to a ruling by the Pennsylvania Supreme Court requiring election officials to count mai...
Tags: Supreme Court, Court, Pennsylvania, North Carolina, Branding, Trump, Board, U S Supreme Court, Pennsylvania Supreme Court, Ginsburg, Arizona Legislature, Alito, State Supreme Court, Purcell, Justia, North Carolina Board of Elections

Canada: New Public Trustee Fees For Review Of Minors' Settlements - McLennan Ross LLP

When claims are settled with minors it is generally a condition that plaintiffs' counsel apply for Court approval of the settlement to ensure it is binding on the mino
Tags: News, Court, Canada

Cloture Reform in the Senate and the Evolution of Norms

An assumption underlying many of the proposals for action in the next Congress is that the Senate will either abolish or significantly modify the filibuster. While I think that changing the filibuster is a good idea, I doubt that this will actually happen. Even if Democrats win control of the Senate, that does not mean that there will be a majority in favor of cloture reform. There is also a dynamic aspect to the prospects for cloture reform. Mitch McConnell is a smart guy. He will understand th...
Tags: Supreme Court, Congress, Senate, Court, Democrats, Mitch McConnell, District Of Columbia, Branding, Trump, Gerard N Magliocca, Senate Republicans

How the electoral college works and how the president will be selected this year

A Pennsylvania elector holds her ballot for President Donald Trump on December 19, 2016. Jonathan Ernst/Reuters In the United States, Americans don't directly elect the president. Instead, states appoint a number of electors equal to the number of representatives they have in Congress to the electoral college, a system that was devised in the 18th century by the founders of the United States.  Here's a step-by-step guide to how the electoral college process works and how the college sele...
Tags: Florida, Politics, Texas, Congress, Senate, Court, US, America, Trends, Pennsylvania, United States, Maine, US Senate, Nebraska, Associated Press, Houston

USPS Responds As Judge Brings Down The Hammer On Sluggish Ballot Delivery

Albeit grudgingly, the USPS coughed up statistics Wednesday ordered by a vexed federal judge about late deliveries and extra trips to collect mail as voters across the country worry that their ballots will not be delivered in time to be counted.  Judge Emmet Sullivan of the District Court for the District of Columbia had already reversed mail collection limitations set by President Donald Trump’s Postmaster General Louis DeJoy amid outcry that the administration appeared to be trying to sa...
Tags: News, Court, Usps, Michigan, Postal Service, Donald Trump, State, Sullivan, Emmet Sullivan, 2020 Elections, Jocelyn Benson, District Court for the District of Columbia, Kate Riga, DeJoy, Louis DeJoy

Barrett, Scalia and the Tone Deafness of Legal and Biblical Originalism

I paid little attention to Clarence Thomas’ appointment in 1991 other than to recognize, given my background in nonverbal communication, that he was probably lying about harassment. The research reveals that telling whether a person is lying is not nearly as easy as some would like you to believe. So, my conclusion was “probable.” But in watching Anita Hill all the nonverbals indicated a high probability she was telling the truth. That was all very frustrating. My focus was completely upon the h...
Tags: Supreme Court, Senate, Court, Elizabeth Warren, Careers, America, United States, House, Jesus, Graham, John, Alexandria, James, Jesus Christ, Ephesus, Nra

Court won’t block extended deadline for North Carolina mail-in ballots (updated)

The Supreme Court on Wednesday night rejected a request by the Trump campaign and North Carolina Republicans to intervene in a dispute over the deadline for mail-in ballots in North Carolina. With three justices dissenting, the court left in place an extension of the deadline for the receipt of mail-in ballots to nine days after the election. Just as she had in a ruling a few hours earlier on a similar issue in Pennsylvania, Justice Amy Coney Barrett did not participate in the court’s decision. ...
Tags: New York, Featured, Supreme Court, Law, Court, Pennsylvania, House Of Representatives, Wisconsin, Republican, North Carolina, Donald Trump, Trump, Rnc, Howe, Barrett, Wilkinson

Panel: The Jurisprudence of Justice Ginsburg

FIU College of Law will host a panel, The Jurisprudence and Legacy of Justice Ginsburg, at 12:30 p.m., this Friday, October 30.  Register here.  The event is open to the public; please join us for what should be a great conversation.  A panel discussion of the life, jurisprudence, and legacy of Justice Ruth Bader Ginsburg.  Legal scholars will consider her work on gender equality, reproductive freedom, election law, constitutional law, comparative law, and procedure, and the effects of her death...
Tags: Court, Ruth Bader Ginsburg, Branding, Ginsburg, Mark Graber, Howard Wasserman, FIU College of Law, Michele Anglade, FIU College

Court won’t block extended deadline for North Carolina mail-in ballots

The Supreme Court on Wednesday night rejected a request by the Trump campaign and North Carolina Republicans to intervene in a dispute over the deadline for mail-in ballots in North Carolina. With three justices dissenting, the court left in place an extension of the deadline for the receipt of mail-in ballots to nine days after the election. Just as she had in a ruling a few hours earlier on a similar issue in Pennsylvania, Justice Amy Coney Barrett did not participate in the court’s decision. ...
Tags: New York, Featured, Supreme Court, Law, Court, Pennsylvania, House Of Representatives, Wisconsin, Republican, North Carolina, Donald Trump, Trump, Rnc, Howe, Barrett, Wilkinson

Court will not weigh in on Pennsylvania’s mail-in ballot deadline before election

The Supreme Court on Wednesday afternoon rejected a request by Pennsylvania Republicans to fast-track their challenge to a ruling by the Pennsylvania Supreme Court that requires election officials to count mail-in ballots received within three days after Election Day. Republican legislators and the Pennsylvania Republican Party had asked the justices on Friday to expedite consideration of their petition and rule on the merits of the case before Election Day. Although the justices turned that bid...
Tags: Featured, Supreme Court, Law, Court, Pennsylvania, Gop, Pennsylvania Supreme Court, Howe, Alito, Barrett, Samuel Alito, Pennsylvania Republican Party, Cases in the Pipeline, Public Information Office, U S Constitution, Brett Kavanaugh

Risk of Encouraging Infringement while Awaiting Appeal

TecSec, Inc. v. Adobe Inc.  (Fed. Cir. 2020) The simple setup in this case: 2011: Following claim construction, TecSec stipulated that use of Adobe’s product does not infringe the asserted patents. 2013: Claim construction is reversed on appeal, and the infringement case started-up again. The question on appeal: During the 2011-2013 timeline — is it legally possible for Adobe to induce infringement? In other words, could Adobe have the have the requisite intent necessary to induce infringemen...
Tags: Adobe, Law, Court, Patent, Federal Circuit, TecSec Inc, Adobe Inc Fed, TecSec

Does Harm Result When Religious Placement Agencies Close Their Doors? New Empirical Evidence from the Case of Boston Catholic Charities

By Netta Barak-Corren and Nelson Tebbe On November 4, the Supreme Court of the United States will hear oral arguments in Fulton v. City of Philadelphia, an important case concerning child welfare in Philadelphia. A social welfare agency objects on religious grounds to Philadelphia’s rule requiring it to place foster children with LGBTQ parents. The agency says that if the Court rules for the city, it will close its doors and children will be harmed. We have uncovered new evidence undermining th...
Tags: Supreme Court, Boston, Massachusetts, Court, Css, Philadelphia, Lgbtq, Wall Street Journal, Branding, Thompson, Catholic Charities, THOMSON, Supreme Court of the United States, Roman Catholic Church, Boston San Francisco, Nelson Tebbe

Some (Old) Thoughts on the (Re)Emerging Article II Argument About Presidential Elections

 Justice Kavanaugh, perhaps remembering his role in Bush v. Gore, re-ups Chief Justice Rehnquist's argument there (calling it "persuasive[]") that Article II places limits on the power of state courts to interpret state statutes specifying the rules for selecting presidential electors. The argument focuses on the text: Article II says that electors shall be chosen "in such manner as the Legislature ... shall direct."Suppose a litigant says that the statutes so specifying are unclear in some way....
Tags: Court, Arizona, States, Branding, Gore, Bush, State, U S Supreme Court, Legislature, Florida Supreme Court, State Supreme Court, Kavanaugh, Rehnquist, Mark Tushnet

Barrett Confirmation Means We’ll See If Gun Prohibitionists Were Right to Worry

CONFIRMED: Amy Coney Barrett will be the 115th Associate Justice on the United States Supreme Court! (The White House/Facebook) U.S.A. – -( “Amy Coney Barrett Has Been Confirmed As Trump’s Third Supreme Court Justice,” BuzzFeed News reported Monday evening. “Barrett deepens the court’s conservative wing to 6–3.” That’s why the Democrats and their media cheerleaders have been complaining to their followers that the confirmation vote should have been put off until after the electi...
Tags: Facebook, Guns, Supreme Court, Scotus, Senate, Court, America, Joe Biden, Atlantic, Maine, Resistance, Biden, Donald Trump, Michael Bloomberg, Susan Collins, Collins

The Supreme Court's decision on Wisconsin's ballot receipt deadline hints at how they could rule on other key 2020 election issues

Workers prepare for a memorial service for late US Supreme Court Justice Ruth Bader Ginsburg at the US Supreme Court on September 22, 2020 in Washington, DC. - Ruth Bader Ginsburg will lie in repose at the Supreme Court on September 23 and September 24, 2020, before lying in state Friday at the US Capitol, both institutions announced. The late justice, whose death at age 87 has given President Donald Trump a rare chance to cement a conservative majority on the court, will be buried next week i...
Tags: Politics, Voting, Supreme Court, Washington, White House, Court, US, Trends, Analysis, Pennsylvania, Wisconsin, US Senate, Npr, States, Circuit, North Carolina

The Left Doesn’t Fear Amy Coney Barrett, It Fears the Constitution

Nothing threatens the progressive project more than the existence of a Supreme Court that adheres to the Constitution. It’s really that simple.That’s what the tantrum over Justice Amy Coney Barrett’s confirmation is all about. The notion that the same Democrats who shelved the judicial filibuster and now threaten to destroy the separation of powers with a Court-packing revenge scheme -- the same people, incidentally, so fond of smear-drenched confirmation hearings -- are sticklers for process or...
Tags: News, Supreme Court, Senate, Massachusetts, Court, Barack Obama, Joe Biden, Gop, Citizens United, Msnbc, Ruth Bader Ginsburg, Trump, Schumer, Barrett, Chris Hayes, Chuck Schumer

Barrett Asked to Recuse Herself from Pennsylvania Ballot Dispute

Justice Amy Coney Barrett was asked on Tuesday to recuse herself from a Supreme Court case regarding a disputed extension for mail-in voting in Pennsylvania.The state has allowed elections officials to accept mail-in ballots postmarked by November 3 that are received up to three days after general elections. Republicans in Pennsylvania challenged the policy over what they argued was essentially an extension of election day, which "could destroy the American public’s confidence in the electoral s...
Tags: News, Supreme Court, Court, Pennsylvania, Donald Trump, Trump, Board, U S Supreme Court, Luzerne County, Barrett, Luzerne, Amy Coney Barrett, Barrett Asked to Recuse Herself, Luzerne County Board of Elections

Pelosi Cites Population Growth to Defend Potential Court-Packing Push

House Speaker Nancy Pelosi on Monday cited population growth while making a hypothetical case for adding justices to the Supreme Court, saying that perhaps the country needs more district courts as well to account for the larger population.Asked on MSNBC whether she is "open to efforts" to add seats to the Supreme Court, known as packing the court, Pelosi left the question open."I think that Joe Biden has given us a good path. He's going to have something that people can understand why this ...
Tags: New York, News, Supreme Court, Senate, Court, Joe Biden, House, Nancy Pelosi, Biden, Msnbc, Pelosi, Barrett, Amy Coney Barrett, Alexandria Ocasio Cortez

With Justice Barrett seated, isn't it now time to pack the Supreme Court ... with constitutional criminal procedure cases?

The question in the title of this post is prompted by all the intense Court-packing talk that I am seeing in some quarters this morning, combined with my hope that Justice Amy Coney Barrett might ultimately follow the path of the late Justice Antonin Scalia in developing a more rights-friendly jurisprudence regarding the Fourth and Fifth and Sixth Amendments.  Long-time readers know that Justice Scalia (as well as Justice Thomas) played critical roles in expanding Fifth and Sixth Amendment right...
Tags: Supreme Court, Law, Senate, Court, Booker, Thomas, Antonin Scalia, Scalia, Blakely, Barrett, Kavanaugh, Seventh Circuit, Gorsuch, Douglas A Berman, Johnson ACCA, Amy Coney Barrett

India: Delhi High Court Proposes Rules Governing Patent Suits, 2020 - S.S. Rana & Co. Advocates

The Hon'ble High Court of Delhi vide its public notice dated October 09, 2020, has notified that the Court is in the process of framing Rules under Section 158 of the Patents Act...
Tags: News, India, Court, Delhi, Delhi High Court, Rana

Court declines to reinstate COVID-19 accommodations for elections in Wisconsin

The Supreme Court on Monday rejected requests from two groups of Wisconsin voters and the Democratic National Committee to reinstate modifications to election rules that a federal judge had ordered for the November election because of the coronavirus pandemic. The 5-3 ruling means that the the election will go forward without the accommodations, which included extending the deadline for the receipt of absentee ballots and making it easier for local election officials to work in areas where they ...
Tags: Featured, Supreme Court, Law, Senate, Court, Dnc, Pennsylvania, Wisconsin, North Carolina, Ruth Bader Ginsburg, Republican National Committee, Sonia Sotomayor, John Roberts, Roberts, Conley, Howe

U.S. Gun Banner Tells UK Paper ‘Traitors’ Think 2nd Amendment is to Fight Tyranny

Look who the people who tell Brits that Second Amendment-defending gun owners are traitors want Americans to vote for. (Coalition to Stop Gun Violence/Facebook) U.S.A. – -( “The idea that individuals have the right to fight against tyranny is as old as the republic,” Coalition to Stop Gun Violence Executive Director Josh Horwitz tells the UK’s The Guardian in another segment of the paper’s aptly titled “Guns and Lies” series of anti-gun propaganda pieces masked as “news.” “This ...
Tags: Facebook, UK, Guns, California, Court, America, United States, New York Times, The Guardian, Resistance, Michael Bloomberg, Bay Area, Bay, Josh, Scott, Virginia Tech

Handling Commercial Vacancy Disputes

Even before the pandemic, commercial landlords and tenants had their disputes. The Ontario Court of Appeal recently dismissed an appeal in Old Navy (Canada) Inc. v. The Eglinton Town Centre Inc., thereby affirming the Superior Court decision that denied declaratory relief to the commercial tenant, and a refund of rent they claimed they overpaid. The case centred around the interpretation of the lease. The tenant, who is a major international commercial retailer, and a subsidiary of the largest s...
Tags: Supreme Court, Law, Navy, Court, Canada, Old Navy, Ontario, Matthews, Superior Court, Ontario Court of Appeal, Quigley, Hydro Quebec, Gap Old Navy, Lease, Bhasin, Substantive Law: Foreign Law

Emery Mwazulu Diyabanza: Liberating Africa from land of liberté

The cultural and political activist is on a quest to bring looted treasures back home The post Emery Mwazulu Diyabanza: Liberating Africa from land of liberté appeared first on The Mail & Guardian.
Tags: Europe, Activism, France, Africa, Court, Heritage, Museums, Colonialism, Arrest, Openaccess, Emmanuel Macron, Top Six, Looting, African Art, Artefacts, Emery Mwazulu Diyabanza