Judiciary.org - Part 38

Supreme Court

Status quo watch

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court made substantial progress at last week’s conference to reduce the accumulation of relisted cases. To begin with, the court granted review in five first-time relists: the challenge to the constitutionality of enforcing camping restrictions against the homeless; the government’s consular nonreviewability petition; Starbucks’ challenge to the National Labor Relations Board’s … Read the rest

Supreme Court

The takings clause with Robert McNamara

In this video, Nate Mowry interviews Robert McNamara of the Institute for Justice, one of the lawyers representing a group of landowners from Houston who sued Texas for flooding their land with a highway project.

The post The takings clause with Robert McNamara appeared first on SCOTUSblog.

SCOTUSblog… Read the rest

Civil Law

Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

The Foreign Contribution (Regulation) Act, 2010, and the rules framed thereunder regulate ‘foreign contribution’. This post examines how heightened policing calls for stringent compliance by entities receiving ‘foreign contribution’.

Evolving regulatory framework for ‘foreign contributions’

The first law to regulate ‘foreign contributions’ in India, the Foreign Contribution (Regulation) Act of 1976 (“Old Regime”), was passed during the Emergency to safeguard against the misuse of ‘foreign contributions’ for activities that may be detrimental to ‘national security’.[1] This was thereafter … Read the rest

Supreme Court

Maker of CBD products asks court to decide whether lawsuit under criminal racketeering law can go forward

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.

Organized crime, from the mafia to small-time money laundering schemes, often evades criminal prosecution. To bolster efforts to fight organized crime, Congress passed the Racketeer Influenced and Corrupt Organizations Act, known as RICO, more than 50 years ago. In addition to the criminal penalties for violating RICO, the law also … Read the rest

Civil Law

COURT OF APPEAL SUMMARIES (January 8 – January 12)

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions

Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 8, 2024.

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In Zafar v Azeem, the mother’s appeal against a decision that ordered her three-year-old child to return to Pakistan, where the father claimed the child was habitually resident, was allowed. She successfully argued procedural unfairness due to the motion judge’s failure

… Read the rest

Supreme Court

Justices take up camping ban case

The Supreme Court agreed on Friday to decide whether an Oregon city can enforce its ban on public camping against homeless people. The announcement came as part of a short list of orders released from the justices’ private conference earlier in the day adding five new cases to the court’s merits docket.

The court’s ruling in City of Grants Pass v. Johnson could affect how other cities address their own epidemics of homelessness. San Francisco, which spent over $ … Read the rest

Supreme Court

OT2023’s last grants?

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

At last week’s conference, the Supreme Court had 472 petitions and applications before it – including three new relists, which yielded (so far) zero grants. On Monday the court denied review in the relisted climate change case, but all of last week’s other relists are back again this week.

This week’s conference is … Read the rest

Civil Law

Department of Transportation (DOT) consumer protections – new rules to watch

As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds. In contrast to the NPRM relating to ancillary fees, the NPRM relating to ticket refunds arguably codifies existing DOT enforcement practices.

Ancillary fees

In this alert, we focus on the NPRM relating to ancillary fees, a term used to describe charges … Read the rest

Evolving regulatory framework for ‘foreign contributions’

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions

Ancillary fees

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