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Legal News
3 days ago
by Taylor Gillan

The US Supreme Court [official website] on Tuesday ordered [order, PDF] that the Obama administration delay enforcement of the Environmental Protection Agency (EPA) [official website] Clean Power Plan (CPP) [materials] pending a resolution to legal challenges. The 5-4 decision was written in five identical orders to respond to five different … [read more]


Legal News
3 Feb 2016
by Alexis Wheeler

The US Court of Appeals for the Fourth Circuit [official website] affirmed [opinion, PDF] the decision of the US District Court for the Eastern District of Virginia [official website], holding Monday that a Somali torture claim lacked a "sufficient nexus" with the US to allow jurisdiction under the Alien Tort … [read more]


Legal News
3 Feb 2016
by Taylor Gillan

The UK Supreme Court [official website] ruled [case materials] Wednesday in favor of a lesbian woman seeking the return of her IVF-born daughter to the UK from Pakistan, giving her the right to fight for custody. The seven-year-old child was taken to Pakistan by her biological mother and legal parent … [read more]


Legal News
27 Jan 2016
by Gwenyth Gamble

Judges for the International Criminal Court (ICC) [official website] have approved an investigation into the 2008 Georgia/Russia [HRW profiles] conflict. Chief Prosecutor Fatou Bensouda commented [statement] that the delay in ICC proceedings was prompted by independent investigations conducted by the governments of Georgia and Russia. Under the Rome Statute [materials], … [read more]


Legal News
25 Jan 2016
by Bradley McAllister

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-2 Monday in favor of the Federal Energy Regulatory Commission (FERC) [official website] in the case of FERC v. EPSA [SCOTUSblog materials], upholding a 2011 rule regulating the market for wholesale demand response. Demand response is a program in which … [read more]


Legal News
22 Jan 2016
by Shriram T. Eachambadi

The US Court of Appeals for the DC Circuit [official website] on Thursday rejected a bid to block [order, PDF] the implementation of the Environmental Protection Agency (EPA) Clean Power Plan (CPP) [materials]. A three-judge panel of the DC Circuit issued an order denying an application seeking to stay the … [read more]


Legal News
21 Jan 2016
by Kasey Tuttle

The US Supreme Court [official website] ruled [opinion, PDF] Wednesday that an insurer cannot recover equitable relief under the Employee Retirement Income Security Act (ERISA) [official website] for settlement funds a participant has already spent. The court found that nontraceable assets are not recoverable under 502(a)(3). This decision overturned the … [read more]


Legal News
19 Jan 2016
by Brittany Felder

[JURIST]The US Supreme Court [official website] on Tuesday heard [day call] the cases of Americold Realty Trust v. ConAgra Foods and Heffernan v. City of Paterson [SCOTUSblog backgrounders]. In Americold Realty Trust v. ConAgra Foods [argument transcript] the Court will examine whether the citizenship of a trust for purposes of diversity … [read more]


Legal News
16 Jan 2016
by Steven Wildberger

[JURIST] The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in eight new cases for this term. In McDonnell v. United States [SCOTUSblog backgrounder], the Supreme Court is asked to decide the meaning of "official action" under the fraud statutes used to convict former Virginia governor … [read more]


Professional Commentary
14 Jan 2016
by Craig Welch of University of Liverpool
edited by Val Merlina

JURIST Guest Columnist Craig Welch of LWC Policy Consulting, Inc. discusses legislation regulating tobacco packaging in the international context, and related health and safety issues... A recent Investor State Dispute Settlement (ISDS) decision in Singapore represents a major setback for tobacco companies in their fight against plain packaging legislation. But … [read more]


Legal News
12 Jan 2016
by Jacqueline Jones

[JURIST] The Supreme Court of the Philippines [official website] on Tuesday approved a deal that would extend US military presence in their country. The Enhanced Defense Cooperation Agreement (EDCA) [text, PDF] will allow for the US to build more military facilities while maintaining military ships and aircraft in the country. … [read more]


Legal News
8 Jan 2016
by Matthew Santiago

[JURIST] US-based tech companies Facebook, Twitter, Google, Microsoft and Yahoo submitted evidence [text] on Friday of possible conflicts that may arise from the UK government's proposed Investigatory Powers Bill [text, PDF]. Should the bill pass, tech companies would be required [Verge report] to perform bulk data collections of all user … [read more]


Academic Commentary
29 Dec 2015
by Guadalupe T. Luna of Indiana Tech Law School
edited by Adam Shirer

JURIST Guest Columnist Guadalupe T. Luna of Indiana Tech Law School discusses Indiana Governor's refusal to accept Syrian refugees...Federal law and its nexus with international humanitarian principles, agreements and commitments extend sanctuary to refugees fleeing war-torn countries, ethnic strife and other harm that precludes return to their countries of origin. … [read more]


Professional Commentary
29 Dec 2015
by Brian T. Hodges and Damien M. Schiff of Pacific Legal Foundation
edited by Maria Coladonato

JURIST Guest Columnists Brian T. Hodges and Damien M. Schiff of Pacific Legal Foundation discuss whether a landowner can seek judicial review of a jurisdictional determination under the Clean Water Act ...The US Supreme Court is set to hear arguments in a Clean Water Act (CWA) case that will have … [read more]


Legal News
16 Dec 2015
by William Helbling

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Tuesday issued an order [text, PDF] preserving Environmental Protection Agency (EPA) [official website] regulations [text, PDF] that limit mercury emissions and other hazardous pollutants from coal-fired power plants. The decision comes after the US Supreme … [read more]


Legal News
15 Dec 2015
by Miracle Jones

The US Court of Appeals for the District of Colombia Circuit [official website] on Tuesday vacated [text, PDF] a lower court ruling that found that a DC gun law requiring a concealed carry permit outside of the home may violate the Constitution. The appeals court found that the judge who … [read more]


Legal News
14 Dec 2015
by Jaclyn Belczyk

The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in United States v. Bryant [docket; cert. petition, PDF], a case concerning Indian rights to counsel. 18 USC §117(a) [text] makes it a federal crime for any person to "commit[] a domestic assault within the special maritime … [read more]


Legal News
14 Dec 2015
by Alexis Wheeler

The Supreme Court [official website] Monday stayed [order, PDF] an Alabama court decision that repudiated the parental rights of a woman (VL) who had been raising the three children she shared with her same-sex partner. The Alabama Supreme Court [official website] decision [text, PDF] had reversed the ruling of a … [read more]


Legal News
7 Dec 2015
by Jaclyn Belczyk

The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases Monday. In Dollar General Corporation v. Mississippi Band of Choctaw Indians [transcript, PDF] the court heard arguments on whether tribal courts can hear civil cases involving non-Indian businesses that have contractual agreements with the tribe. … [read more]


Legal News
2 Dec 2015
by Kasey Tuttle

The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in OBB Personenverkehr AG v. Sachs [SCOTUSblog materials] that a California woman injured in a train accident in Austria fell outside the commercial activity exception [text] of the Foreign Sovereign Immunities Act [text, PDF] and was barred from recovery in … [read more]

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