Recent findings reveal that an alarming number of Americans harbor misconceptions regarding their Constitutional rights, leading to what one could describe as a knowledge gap surrounding one of the nation’s most fundamental legislative cornerstones. The 2023 Annenberg Constitution Day Civics Survey posed questions to Americans regarding their understanding of the specific rights guaranteed by the…
Legal professionals have been closely following the developments following the U.S. Supreme Court’s decision in Siegel v. Fitzgerald, 142 S. Ct. 1770 (2022). The court ruled that increased U.S. Trustee quarterly fees for large Chapter 11 debtors between 2018 and 2020 under the Bankruptcy Judgeship Act of 2017 (the “2017 Act”) were unconstitutional. The Court…
In what comes as a significant blow to the Consumer Financial Protection Bureau (CFPB), the U.S. District Court for the Eastern District of Texas has issued a decisive ruling on September 8, 2023. This judgment has effectively vacated a crucial anti-discrimination update from March 2022 to the Unfair, Deceptive, or Abusive Acts and Practices (UDAAP)…
Continuing the analysis of the Consumer Financial Protection Bureau’s (CFPB) constitutional legitimacy fight, it’s paramount to debunk several related misconceptions. One of the most persistent myths is the supposed knockdown blow that the case represented for the CFPB’s regulatory functions or enforcement capabilities. Contrary to this widely held belief, the case CFSA v. CFPB, which…
The global discourse on the age verification measures for internet users has not subsided, with the governments of several countries favoring this approach in an attempt to control and protect online engagement. However, a spate of recently introduced age verification bills has run afoul of 1st Amendment rights, leading to these bills being deemed unconstitutional,…
California’s recent legislative move, a statute that invalidates non-compete agreements, has been stirring up controversial discussions amongst legal professionals. The question at the forefront is: Will this new statute survive any potential constitutional challenges that may arise? As JD Supra reports, Article I, Section 10 of the United States Constitution prohibits a state from passing…
In a recent legal development, a federal judge in Connecticut has ruled that a state law demanding convicted sex offenders to reveal their online identities to authorities cannot be applied against a former attorney who had filed a lawsuit against the state and law enforcement officials post his 2018 arrest. This report explores the noteworthy…
In a notable U.S. legal case, the court ruled that the standalone, small link to the ‘Terms and Conditions’ page on a defendant’s website was not sufficient to waive the plaintiff’s constitutional rights. The case of Childs v. Fitness Int’l, LLC et al, heard in the U.S. District Court, Eastern District of Pennsylvania on May…
In an ongoing dispute over content regulation on social media platforms, the Biden administration last Thursday made an appeal to the Supreme Court. The administration is seeking a temporary block of a lower court’s order which, they claim, limits its ability to converse with social media companies regarding their moderation policies. The appeal was first…
The Supreme Court of Kenya has upheld its earlier ruling that LGBTQIA+ organizations have the freedom to form associations and that denial of their registration is unconstitutional. This reaffirmation came in response to an application for the review and annulment of the previous judgment, filed by George Kaluma, a notable advocate of the High Court…
In a recent turn of events, France announced the release of Stéphane Jullien last Wednesday. Jullien, an advisor to French citizens living in Niger, had been detained by Nigerien authorities the previous week. This development comes amidst the escalating political tensions in Niger, where a military coup in late July placed the West African nation…
Recent issues facing public defenders, such as overburdening caseloads and low salaries, have been explored in a new study, released by the RAND Corporation, American Bar Association’s Standing Committee on Legal Aid and Indigent Defense, National Center for State Courts, and St. Louis lawyer Stephen Hanlon. Public defenders have voted to strike over their salaries,…
A legal dispute has emerged from the University of Hawaii at Manoa William S. Richardson School of Law, as detailed in a recent lawsuit filed by one of its professors. The suit, which primarily names the school, Provost Michael Bruno, and Dean Camille Nelson as defendants, levies charges of First and Fourteenth Amendment rights violations….
Amendments to retirement plans for Pennsylvania judges did not infringe upon the state’s constitution. This judgment, based on a set of precedents that are well over three decades old, was ruled by a state appellate court this Wednesday. The basis of this judgment lies in the uncertainty over whether these new retirement plans will ultimately…
In a historic move, the Supreme Court has issued rulings on the constitutionality of affirmative action in the context of Harvard College and the University of North Carolina’s admissions programs. As discussed in the recent practice update by Akerman LLP, both institutions’ admissions policies were found to be in contravention of the 14th Amendment’s Equal…
A recent court decision in Texas could have implications for the Consumer Financial Protection Bureau’s (CFPB) scope of authority and the manner in which it enforces anti-discrimination guidelines. In a twist of events, the District Court for the Eastern District of Texas ruled against the CFPB’s March 2022 updates to its examination manual. The manual…
In a ruling that provides further grounds for discussion on the discord between environmental policy and legal interpretation, the Montana First Judicial District Court, Lewis and Clark County, recently handed down its Findings of Facts and Conclusions of Law in the case of Held v. State of Montana, et al., effectively striking down certain provisions…
A federal grand jury has recently indicted five Memphis Police Department officers for their involvement in the fatal beating of Tyre Nichols. The officers, who have also been charged under Tennessee state law, have pleaded not guilty to these state charges. The officers indicted by the federal grand jury include Tadarrius Bean, Demetrius Haley, Emmitt…
The news cycle on Wednesday, September 13, brought some noteworthy legal developments, providing plenty of discussions for legal professionals. Events encompassed everything from notable Supreme Court case proceedings to states seeking federal court attention. In one prominent story, the Supreme Court has begun hearing its first cases relating to the Capitol Riot which occurred on…
In a significant development, Sam Bankman-Fried, founder of FTX, faced denial of his pre-trial release after defending allegations of witness tampering, comparing it to the fluctuating nature of cryptocurrency values. His appeal that the incident wasn’t as it seemed on paperwork was unsuccessful. More on this can be found on Reuters. In an era of…
John Yoo, a law school professor at University of California, Berkeley and former attorney under the Bush administration, recently testified on behalf of his peer, John Eastman, in regard to a disbarment trial. The main argument of the trial revolves around Eastman’s claim that former Vice President Mike Pence had unilateral authority, as detailed by…
Tanzanian opposition leader and former presidential candidate Tundu Lissu was released on bail following his arrest by Karatu District Police. His arrest, made in his hotel room, was allegedly due to holding an illegal gathering and obstructing police duties, according to the police. Lissu, who has been a vocal advocate for democratic progress and against…
In a recent decision that has garnered much legal interest, New York Supreme Court Justice Thomas Marcelle ruled the New York State Commission on Ethics and Lobbying in Government (NYSCOELIG) as unconstitutional. Marcelle’s decision was in response to the case, Cuomo v. NYSCOELIG, and centered around the grounds that the commission’s statutorily mandated independence breached…
The City of Atlanta recently opted not to confirm a multitude of signatures gathered by protestors against the construction of a police and fire training center, known colloquially as “Cop City”. This decision unfolded after the Eleventh Circuit Court of Appeals issued a judicial stay earlier this month. Activists, combined under the banner of the…
In a recent decision that continues to shape the landscape of property rights in the United States, the Sixth Circuit has applied the findings of a Supreme Court case, Tyler v. Hennepin County, to affirm the right of a property owner to net tax lien foreclosure proceeds. This is another key development for property owners…