Law students watched the wheels of justice in motion as Ninth Circuit judges and attorneys gathered for oral arguments at the University of San Diego School of Law.
Judiciary News – United States Courts… Read the rest
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
It is unconstitutional for police to enter a home without a warrant to arrest someone if they do not have “reason to believe” the suspect is in the home. This week, we highlight cert petitions that ask the court to consider, among other things, whether that standard is equal to … Read the rest
A couple of our recent posts have mentioned the alternative compensation system created by the 1986 National Childhood Vaccine Injury Act (“Vaccine Act”), 42 U.S.C. §§300aa-10, et seq.
This Vaccine Program is the Act’s alternative to tort litigation, which addresses alleged injuries resulting from vaccines covered by the Vaccine Act. The legal aspects of the Vaccine Program are administered by the Department of Justice, and here’s a link to government’s description of the program
For decades, the Vaccine Program has … Read the rest
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The Supreme Court on Thursday raised questions about whether it would reach a decision in a major election law case. In a brief order, the justices asked for additional briefing in Moore v. Harper, a case argued in December, to address whether the court still has the power to hear the case when the North Carolina Supreme Court has agreed to reconsider the underlying redistricting dispute that sparked the case.
The case began in state court as a … Read the rest
Constance Baker Motley was the first African American woman to argue a case before the Supreme Court, and the first to serve as a federal judge. For all her achievements, Motley’s most-lasting legacy may be the generations of women she inspired to pursue careers in the law. In celebration of Women’s History Month, judges reflected on the life and career of the revered trailblazer and civil rights hero.
Judiciary News – United States Courts… Read the rest
The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month).
The national minimum wage increased from R23.19 per hour to R25.42 for each ordinary hour worked.
“Earnings” is defined in the BCEA as the regular annual remuneration before deductions i.e. income tax, pension, medical aid and similar … Read the rest
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In many ways, Monday’s oral argument in Dubin v. United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. At argument, the justices wrestled with whether David Dubin, when he overbilled Medicaid, “used” the “identification of another” “without lawful authority” “during and in relation” to an enumerated … Read the rest
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The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” On Monday, the Supreme Court will consider the reach of this statute in Dubin v. United States.
As background, petitioner David Dubin was convicted of health care fraud — an enumerated felony. Dubin was the managing partner of a psychological services … Read the rest