Judiciary.org - Part 44

Civil Law

Will Delaware’s Embrace of an “ESG Agenda” Cause Corporations to Flee?

By now, readers are well aware that ESG has become a politically divisive issue. In a series of variations on this theme, two conservative legal commentators, writing in a Wall Street Journal op-ed column, argue that ESG is a trojan horse for progressive political objectives that, if Delaware’s courts continue their current course, could cost the state its privileged position as the preferred jurisdiction for corporate organization. The November 25, 2023 Journal op-ed, which was written by former U.S. Attorney … Read the rest

Supreme Court

The new SCOTUS Code of Conduct

Charles Gardner Geyh is Distinguished Professor and John F. Kimberling Chair in Law, Indiana University Maurer School of Law.

There are things to like about the Code of Conduct that the Supreme Court promulgated earlier this month. It is a bona fide code of conduct—one that, in the main, tracks the Code of Conduct for U.S. Judges. It follows the same structure, features the same five canons, and includes most of the same provisions that are worded in the … Read the rest

Supreme Court

Major OxyContin case headlines December session

The justices will kick off the December argument session on Nov. 27 with oral argument in a pair of consolidated cases, Brown v. United States and Jackson v. United States, involving the Armed Career Criminal Act. The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” The question before the justices … Read the rest

Civil Law

Routes to Reorganisation: A Comparative Study of the Insolvency Procedures Available in the UAE, KSA, US and England and Wales

Our recent insight provides a comparative summary of the insolvency procedures that are available in the United Arab Emirates (UAE), the Kingdom of Saudi Arabia (KSA), England and Wales, and the US. It compares which debtor-in-possession, office-holder and terminal procedures are available in each of those jurisdictions, as well as considering the extent to which the UAE and KSA insolvency laws provide a framework for the recognition of cross-border insolvency.

To read that and more about how the laws in those … Read the rest

Supreme Court

The morning read for Tuesday, November 21

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Tuesday morning read:

Voting Rights Act ruling is latest attempt by Trump-nominated judges to overturn Supreme Court precedent (Joan Biskupic, CNN)
Supreme Court agrees to hear San Carlos Apache appeal on health care funding (Adrienne Washington, Cronkite News)
Idaho Asks US Supreme Court to Permit Abortion Law Enforcement (Mary Anne Pazanowski, Bloomberg Law)
David Souter showed the

… Read the rest

Supreme Court

The morning read for Friday, November 17

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Supreme Court denies request to reinstate Florida drag show law (David Kihara, Politico)
‘He didn’t deserve to die like this’: Supreme Court decision leaves family of a man killed at the border searching for justice (Lawrence Hurley, NBC News)
She got a ticket for beeping her car horn. Now she’s asking the Supreme Court

… Read the rest

Supreme Court

Justices schedule major cases on deference to federal agencies

The Supreme Court will hear arguments in January in a pair of cases asking the justices to overrule a landmark decision on deference to federal administrative agencies. Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo headline the calendar for the January argument session, which the court released on Friday morning.

Relentless and Loper Bright began as challenges to a federal rule that requires the fishing industry to pay for the cost of observers who monitor … Read the rest

Civil Law

Actualité sociale

QPC

Congés payés et maladie : le Conseil Constitutionnel va devoir se prononcer sur la question

Jurisprudence

La juridiction de sécurité sociale est seule compétente pour traiter de l’indemnisation des dommages issus d’une maladie professionnelle, y compris lorsque la maladie est due à un manquement de l’employeur /

Saisine de l’autorité administrative dans le cadre de la fixation des collèges électoraux et de la répartition des sièges : les mandats en cours sont prorogés même si l’administration refuse de se … Read the rest

QPC

Jurisprudence

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