“In the pandemic economy, face masks are like bars of gold. Hoarders are hoarding them. Governors are bartering for them. Hospital workers desperately need them.” – Michael Schulman The N95 mask is very important armor in battling the COVID-19 pandemic. Instances of hoarding and black marketing of masks are rising in India. Healthcare personnel risk [...]
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Supreme Court permits disgorgement awards in securities fraud cases
The US Supreme Court ruled 8-1 Monday that the Securities and Exchange Commission may seek disgorgement awards in securities fraud cases. The question came to the Court through Liu v. Securities and Exchange Commission, which involves a scheme to defraud foreign individuals seeking permanent residence in the United States through the EB-5 Immigrant Investor Program. [...]
Bostock v. Clayton County, Georgia is, in no doubt, a landmark judgment and a much-appreciated ruling by the United States Supreme Court. The court held that discrimination, as used in Title VII of the Civil Rights Act, on the basis of sex is inclusive of discrimination against a homosexual or a transgender individual. On first [...]
The US Supreme court declined on Monday to hear 10 cases seeking to overturn restrictions on gun ownership, disappointing some conservative critics. The 10 cases, spanning six circuits, five states and the District of Columbia, all sought to expand gun owners’ rights under the Second Amendment. The denial may signal a reluctance by the conservative [...]
Supreme Court finds constitutionally deficient counsel in Texas death penalty case
The US Supreme Court issued an unsigned opinion Monday finding that the petitioner was prejudiced at trial by constitutionally deficient counsel. The case, Andrus v. Texas, involved an attempted carjacking, which resulted in two deaths, and for which the petitioner, Terence Andrus, eventually received the death penalty. The Texas Court of Criminal Appeals found that, [...]
Mandamus and the Proper Role of Amicus Curiae in the Michael Flynn Case
On Monday, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia filed his response to the petition for mandamus brought by General Michael Flynn in the D.C. Circuit regarding Sullivan’s handling of the Justice Department (DOJ) Motion to Dismiss the false statement charges against Flynn. Flynn had pleaded guilty to [...]
DOJ urges appeals court to force dismissal of Michael Flynn case
The US Department of Justice (DOJ) filed a brief in the US Court of Appeals for the District of Columbia Circuit on Monday, asking the court to order the dismissal of the case against Michael Flynn, President Donald Trump’s former national security advisor The DOJ is urging the appeals court to direct Judge Emmet Sullivan [...]
The Continuing Threat of India's Unlawful Activities Prevention Act to Free Speech
The plight of Indian journalists is not in hiding anymore as it has been ranked 142 on the World Press Freedom Index 2020. The government has time and again introduced new laws to curb freedom and violate the rights of the citizens. The Unlawful Activities (Prevention) Act 1967 (UAPA) was developed as an anti-terrorism law [...]
Supreme Court broadens scope of federal post-conviction review
The US Supreme Court held Monday in Banister v. Davis that Rule 59(e) of federal civil procedure does not change a habeas court’s judgment, and it thus is not considered a “second or successive habeas petition,” expanding the scope of federal post-conviction review. The petitioner in this case is Gregory Banister, who was convicted for [...]
Federal appeals court clears way for execution days after 30-day stay was granted
A federal appeals court dismissed a Missouri death row inmate’s petition for post-conviction relief Sunday, despite questions about the evidence used to convict him, clearing the way for his execution to take place on Tuesday. This order will vacate a 30-day stay of execution that a federal judge granted to Walter Barton on Friday. Walter [...]