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The Recorder

California Supreme Court Boots Anti-Tax Initiative From November Ballot

In a unanimous opinion, the court said the Taxpayer Protection and Government Accountability Act "would substantially alter our basic plan of government" and amounts to a constitutional revision that cannot be made by a ballot initiative.
4 minute read

National Law Journal

Justices Call Malicious Prosecution Charge-by-Charge Inquiry, Marking Victory for Plaintiffs

A lower court had held that a malicious prosecution could not be brought because police had obtained probable cause for two of the three criminal charges against the plaintiff.
3 minute read

National Law Journal

Supreme Court Upholds Repatriation Tax on Foreign Earnings

In their 7-2 decision, the justices rejected arguments that the Mandatory Repatriation Tax violates the Constitution's Apportionment Clause, which requires "direct" taxes be divvied up among the states based on population.
5 minute read

National Law Journal

District Court Nominees Vow to Apply Supreme Court Precedent

Dobbs, Brown v. Board and a gun-rights decision were among the cases President Joe Biden's federal trial court nominees in Maryland, New York and Pennsylvania were asked to comment on in written responses.
2 minute read

Law.com

Over 100 Law Deans Sign Letter Encouraging 'Vital' Training to Preserve Democracy

"This is not a partisan, political issue. It is Rule of Law 101. The next generation of lawyers must understand the challenges we face, take the torch we pass to them and continue the hard work to safeguard our democracy."
4 minute read

New York Law Journal

Statute of Limitations May Determine Fate of NY's Abortion Rights Amendment

The Appellate Division, Fourth Department explored the possibility that a May ruling by a Republican trial court judge from Livingston County, excluding the Equal Rights Amendment from the November ballot on procedural grounds, was in error.
4 minute read

Daily Report Online

Couples Ask Judge to Find Ala. Law That Provides Legal Immunity to IVF Providers Unconstitutional

"Bottom line: IVF healthcare professionals should bear liability for medical negligence under the Alabama Medical Liability Act just like all other healthcare professionals," lawyers for two of the couples wrote in a motion filed last week.
3 minute read

New York Law Journal

Federal Lawsuit Says NYC Padlocking Alleged Illegal Pot Shops Afoul of 14th Amendment

The complaint accuses the city of unlawfully shuttering more than 200 businesses in the past six weeks under the state government's recently enacted SMOKEOUT Act.
4 minute read

National Law Journal

'Misses the Forest for the Trees': Barrett Knocks Thomas' Use of History

Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
5 minute read

National Law Journal

Justices Side With Trademark Office in Rejecting Anti-Trump Slogan

In his opinion for the court, Justice Clarence Thomas wrote that "history and tradition is sufficient to conclude that the names clause—a content-based, but viewpoint-neutral, trademark restriction—is compatible with the First Amendment. We need look no further in this case."
3 minute read

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