New York Law Journal | Analysis
By Jennifer Polovetsky | September 6, 2024
"What does 'Chevron' being overruled mean with respect to the courts deferring to a government agency's determination that an eminent domain property acquisition qualifies as a 'public use'?" writes Jennifer Polovetsky of Duane Morris.
By Mason Lawlor | September 5, 2024
The court found that using the PA system for a communal prayer would reasonably be considered "government speech," not private speech, and therefore is open for regulation by the FHSAA.
By Russ Bynum | The Associated Press | September 5, 2024
Chatham County Superior Court Judge Benjamin Karpf didn't rule Wednesday on a Jesup man's motion to halt enforcement of a Savannah ordinance while considering his underlying lawsuit that seeks to have it thrown out permanently.
National Law Journal | Analysis
By Jimmy Hoover | September 4, 2024
The dog days may be slow for the justices but not for the clerk's office at the nation's top court.
By Jimmy Hoover | September 3, 2024
"[T]he United States cannot impose on Oklahoma an obligation to provide abortion referrals when Title X itself does not address referrals at all," the state wrote in its unsuccessful request.
By Charles Toutant | September 3, 2024
"[T]here is a difference between an individual having the freedom to pursue and obtain safety and happiness and the state having an obligation to guarantee the safety and happiness of its citizens," Christopher Porrino, an attorney for the Casino Association of New Jersey, said at a hearing in the case.
New York Law Journal | Analysis
By Martin A. Schwartz | August 30, 2024
"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz.
By Marianna Wharry | August 30, 2024
"Setting aside any question whether switchblades are in common use today for lawful purposes, we conclude switchblades are 'arms' for Second Amendment purposes. Therefore, the carrying of switchblades is presumptively protected by the plain text of the Second Amendment," wrote Massachusetts Justice Serge Georges Jr.
By Isha Marathe | August 29, 2024
The circuit split might just persuade the U.S. Supreme Court to take up the matter, breaking its now six-year hiatus from hearing Fourth Amendment cases.
By Mason Lawlor | August 28, 2024
"[E]ven if the district court were correct in its animus decision, heightened scrutiny under the Equal Protection Clause does not apply to invidious discrimination based on a non-suspect class, and '[n]either the Supreme Court nor this court has recognized transgender status as a quasi-suspect class,'" the majority opinion said.
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