AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Jones-Sawyer (A) 2021 CA A.B. 2296 (NS) 2021 California Assembly Bill No. 2296, California 2021-2022 Regular Session Legislation (Proposed & Enacted)   An act to amend Sections 8301.1, 8301.2, and 8301.7 of the Government Code, relating to state government. Assembly Bill No. 2296 Passed the Assembly August 30, 2022 __________________________________ Chief Clerk of the Assembly Passed the Senate August 29, 2022 __________________________________ Secretary of the Senate This bill was received by the Governor this _____ day of ______________, 2022, at _____ o'clock ___M. __________________________________ Private Secretary of the Governor CHAPTER ________ An act to amend Sections 8301.1, 8301.2, and 8301.7 of the Government Code,... 2022  
  Appellant's Brief on Appeal (3/30/2021) Briefs   FN1. The Order dismissing the case (R.58) was not received by Plaintiff, as the trial court acknowledged due to not sending the Order to Plaintiff, until December 1, 2020. FN2. Soccer is... 2021  
  Appellant's Brief on Appeal (3/31/2021) Briefs   FN1. The Order dismissing the case (R.58) was not received by Plaintiff, as the trial court acknowledged due to not sending the Order to Plaintiff, until December 1, 2020. FN2. Soccer is... 2021  
  Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the U.S. Commission On Civil Rights, in Their Capacities as Private Citizens, in Support of Petitioner (3/23/2021) Briefs   FN1. Pursuant to this Court's Rule 37.2(a), all parties have consented to this brief. Counsel of record for all parties received notice at least 10 days prior to the due date of the Amici... 2021  
  Brief Amicus Curiae of Prof. Ariella AÐisha Azoulay Professor of Modern Culture and Media and Comparative Literature, Brown University, in Support of the Plaintiff-Appellant (10/11/2021) Briefs   FN1. These included images of the people they enslaved as nursemaids, butlers, and boatmen as well as outdoor of the plantation household (see Mathew Fox-Amato, Exposing Slavery:... 2021  
  Brief of Public Knowledge, Lita Rosario-Richardson, Esq., Library Futures Institute, and Fight for the Future as Amici Curiae in Support of the Petition (1/1/2021) Briefs   FN1. Pursuant to Supreme Court Rule 37.3(a), Parties have consented to the filing of this brief. Pursuant to Rule 37.6, no counsel for a party authored this brief in whole or in part, and... 2021  
  Petition for Writ of Certiorari (6/16/2021) Briefs   FN1. Online Line Library of Liberty. Sir William Blackstone. 1. Whether the Court should resolve the following questions for which the State and Federal courts are split (including the New... 2021  
  Ackie v. Philadelphia Gas Works Slip Copy, Docket Number: CV 19-4275, CV 19-4279, CV 19-4428, CV 19-4429 [United States District Court, E.D. Pennsylvania] (6/10/2021) Cases   These are four related cases brought by co-workers at the Philadelphia Gas Works plant on Passyunk Avenue. They emanate from an internal complaint Miguel Chavarria filed with PGW's Human Resources Department about what he felt was a racially discriminatory environment at the Passyunk Plant. Wayne Rauceo, Maurice Goodwin and Dwayne Ackie, in... 2021  
  Jarvis v. United States --- Fed.Cl. ----, Docket Number 21-1148C [United States Court of Federal Claims] (11/1/2021) Cases   NATIVE AMERICANS Treaties. Plaintiff failed to identify any money-mandating provisions of Treaty with the Cherokee, as would grant jurisdiction to reconsider denial of claims. 2021  
  Jenkins v. United States Slip Copy, 1:21-CV-1475-NONE-BAM [United States District Court, E.D. California] (12/8/2021) Cases   Plaintiff Raymond Jenkins (Plaintiff) is a state prisoner proceeding pro se and in forma pauperis in this civil action. Plaintiff's complaint, filed on October 1, 2021, is currently before the Court for screening. (Doc. 1.) The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity... 2021  
  McDonald v. Longley 4 F.4th 229, Docket Number: 20-50448 [United States Court of Appeals, Fifth Circuit] (7/2/2021) Cases As of January 2, 2022, The case has some negative history but has not been reversed or overruled. CIVIL RIGHTS Freedom of Association. Texas State Bar Association violated attorneys' right to freedom of association by compelling them to join Bar that engaged in non-germane activities. 2021  
  Rigsby v. City of Chicago Slip Copy, Docket Number: CIV-21-666-R [United States District Court, W.D. Oklahoma] (9/21/2021) Cases As of January 2, 2022, The case has been appealed to the U.S. Court of Appeals or the U.S. Supreme Court (excluding appeals originating from agencies). Plaintiff filed this action seeking relief for the alleged violation of his constitutional rights. Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C) the matter was referred to United States Magistrate Judge Gary M. Purcell for preliminary review. On July 23, 2021, Judge Purcell issued a Report and Recommendation wherein he recommended that the... 2021  
  Rigsby v. City of Chicago Slip Copy, Docket Number: CIV-21-666-G [United States District Court, W.D. Oklahoma] (7/23/2021) Cases   Plaintiff, a pre-trial detainee appearing pro se and in forma pauperis, brings this action pursuant to 42 U.S.C. § 1983. The matter has been referred to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Having reviewed the sufficiency of the Complaint pursuant to 28 U.S.C. §§... 2021  
  Thompson v. United States Slip Copy, Docket Number: CV 21-01504 PHX CDB [United States District Court, D. Arizona] (9/16/2021) Cases   TO THE HONORABLE STEPHEN M. McNAMEE: Plaintiff, who is pro se in this matter, docketed the Complaint and a motion to proceed in this matter in forma pauperis on September 2, 2021. Defendants have not been served nor appeared. Plaintiff's motion for leave to proceed in forma pauperis avers Plaintiff, who is 48 years of age and a high school... 2021  
  United States v. Edmonson 850 Fed.Appx. 748, Docket Number: 20-10821 [United States Court of Appeals, Eleventh Circuit] (4/8/2021) Cases   Danielle Edmonson and Kenneth Edmonson appeal their convictions and sentences for making false, fictitious, or fraudulent claims, mail fraud, and making false statements. The Edmonsons argue that they're entitled to a new trial because of an evidentiary error, prosecutorial misconduct, and errors in the jury instructions. Kenneth also argues... 2021  
  Vance v. Government of United States Slip Copy, Docket Number: 4:20-CV-02391 [United States District Court, M.D. Pennsylvania] (6/28/2021) Cases   This matter was initiated by pro se prisoner-Plaintiff Russell Lee X Vance (hereinafter referred to as Vance) on December 21, 2020. (Doc. 1). On March 16, 2021, the Court performed its statutorily-mandated screening of Vance's Complaint and determined that it lacked jurisdiction over his claims but that Vance should be granted leave... 2021  
  Report of Expert Witness Professor Anthony V. Alfieri (5/12/2021) Expert Materials   ANTHONY V. ALFIERI, pursuant to 28 U.S.C. § 1746, states under penalty of perjury that the following is true and correct: 1. I am a Professor of Law, Dean's Distinguished Scholar, and the... 2021  
  8. Federal preemption West's ALR Digest Human Trafficking and Slavery 8" (November 2021 Update) [West's ALR Digest] Law Review Articles and Other Secondary Sources     2021  
H. Timothy Lovelace Jr. "TO RESTORE THE SOUL OF AMERICA": HOW DOMESTIC ANTI-RACISM MIGHT FUEL GLOBAL ANTI-RACISM 115 AJIL Unbound 63 (2021) [AJIL Unbound] Law Review Articles and Other Secondary Sources   On November 7, 2020, President Joe Biden proclaimed that his administration would restore the soul of America. He declared that U.S. voters had given him a mandate to achieve racial justice and root out systemic racism in this country, and that he plans to use the nation's restored moral leadership to create international consensus around U.S.... 2021  
Leslie Patrice Culver (UN)WICKED ANALYTICAL FRAMEWORKS AND THE CRY FOR IDENTITY 21 Nev. L.J. 655 (Spring, 2021) [Nevada Law Journal] Law Review Articles and Other Secondary Sources   IRAC is not the arbiter of legal analysis. In fairness, it never claimed to be. Yet despite IRAC's willingness to be a prototype of analytical structure incapable of providing creative depth--a sentiment that many within the legal academy have readily acknowledged for decades--its dominance still persists sustained by a presumption of innocence.... 2021  
Barbara J. Van Arsdale, J.D., Francis M. Dougherty, J.D., Edward K. Esping, J.D., Tracy Bateman Farrell, J.D., Jill Gustafson, J.D., Rachel M. Kane, M.A., J.D., John Kimpflen, J.D., Anne E. Melley, J.D., LL.M., of the staff of the National Legal Research § 1:26. Particular applications of principle FEDPROC § 1:26 (2021) [Federal Procedure, Lawyers Edition] Law Review Articles and Other Secondary Sources   Applying the criteria governing judicial deference in cases presenting political questions, federal courts have declined to hear cases questioning political gerrymandering in a congressional redistricting. alleging that the United States and a former Secretary of State were liable, under the Alien Tort Statute, to victims and survivors of victims... 2021  
Edward F. Koren; Updated by Karen T. Schiele, By:, Edward F. Koren, Updated by Philip Feist § 1:31. Malpractice prevention KOREN-EPFP § 1:31 (2021) [Estate, Tax and Personal Financial Planning] Law Review Articles and Other Secondary Sources   The 80's and 90's have seen another phenomenon in the estate planning area: the increasing exposure of the estate planner to claims of professional malpractice. These are particularly troublesome because the liability can arise so long after the service was performed. For example, the Supreme Court of California, reversing a lower court decision,... 2021  
  § 1:35. A philosophical and policy overview of constitutional and statutory civil rights law principles-Examples of the tension between the process and outcome theories-A case study in process versus outcome theory: The Metro Broadcasting decision FCIVRTACTS § 1:35 (2021) Law Review Articles and Other Secondary Sources   One recent Supreme Court decision, Metro Broadcasting, Inc. v. Federal Communications Commission, crystallizes the entire debate between the process and outcome notions of equality. The Metro Broadcasting decision is worth holding up to close examination as a detailed case study 2021  
Robert E. McKenzie § 1:62. Abusive schemes and promoter investigations IRS-REPAUD § 1:62 (2021) [Representing the Audited Taxpayer Before the IRS] Law Review Articles and Other Secondary Sources   IRS efforts to combat abusive schemes and scams (including the Offshore Credit Card Project) significantly increased from Fiscal Year 2003 to Fiscal Year 2008. Schemes and scams on the rise include: schemes, reducing a person's tax liability by claiming inflated expenses, false deductions, unallowable credits or excessive exemptions; frivolous... 2021  
Jacob A. Stein § 10:28. The concepts of duty and due care STEIN TREATISE § 10:28 (2021) [Stein on Personal Injury Damages] Law Review Articles and Other Secondary Sources   As a general proposition, applicable in the ordinary negligence case, the rule of ordinary care prevails. For example, where the defendant has taken some affirmative action such as driving an automobile whenever he or she should reasonably foresee that such conduct will involve an unreasonable risk of harm to other drivers or to pedestrians, the... 2021  
  § 111 International Law and Agreements as Law of the United States Restatement (Third) of Foreign Relations Law § 111 (1987) (October 2021 Update) [Restatement of the Law - The Foreign Relations Law of the United States] Law Review Articles and Other Secondary Sources   (1) International law and international agreements of the United States are law of the United States and supreme over the law of the several States. (2) Cases arising under international law or international agreements of the United States are within the Judicial Power of the United States and, subject to Constitutional and statutory limitations... 2021  
Hon. Thomas A. Dickerson, Rodney E. Gould and Mark Chalos § 12:17. Complaint for torture and other human rights violations; Ntsebeza v. Citigroup, Inc INTORTUSCT § 12:17 (2021) [Litigating International Torts in U.S. Courts] Law Review Articles and Other Secondary Sources   the collaboration (with corporations) create(s) and promote(s) a context that leads to the systematic execution of gross human rights violations. It contributes to the emergence of an economic and political structure, a culture and a system that gives rise to and condones certain patterns of behavior. Our weapons, ammunition, uniforms, vehicles,... 2021  
  § 13:9. Other civil rights legislation GOVDISCRIM § 13:9 (2021) [Government Discrimination: Equal Protection Law and Litigation] Law Review Articles and Other Secondary Sources   Civil rights legislation, in addition to the laws summarized above, provides both criminal and civil causes of action where federal statutory and constitutional rights are abridged. It is also possible to sue federal officials directly under the Constitution. The most significant civil cause of action provision is § 1983. The provision, which... 2021  
David F. Herr § 1407. Multidistrict litigation MDLITMAN PT II (2021) [Multidistrict Litigation Manual] Law Review Articles and Other Secondary Sources   House Report No. 1130, see 1968 U.S. Code Cong. and Adm. News, p. 1898. House Report Nos. 94-499, 94-1343, and 94-1373, see 1976 U.S. Code Cong. and Adm. News, p. 2572. The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in this title. Section 4C of the Clayton Act, referred to in subsec. (h), is section 4C of Act Oct. 15,... 2021  
Jill Gustafson, J.D.; and Janice Holben, J.D. § 147. Implicit waiver of immunity under Foreign Sovereign Immunities Act AMJUR INTERNLAW § 147 (2021) [American Jurisprudence, Second Edition] Law Review Articles and Other Secondary Sources   The focus of analysis in determining whether there has been an implicit waiver of immunity under the Foreign Sovereign Immunities Act (FSIA) falls on the acts of the foreign sovereign, not on the acts of others. Thus, particular factual circumstances govern whether an implicit waiver will or will not be found. The implied waiver provision of the... 2021  
Ronald D. Rotunda, John E. Nowak § 18.10(b)(iii)(2) The Fullilove Decision CONLAW § 18.10(b)(iii)(2) (2021) [Treatise on Constitutional Law-Substance & Procedure] Law Review Articles and Other Secondary Sources   In Fullilove v. Klutznick the Supreme Court upheld the constitutionality of the minority business enterprise provision of the Public Works Employment Act. This provision required 10% of the amount of every federal public works project grant be expended for work done by minority business enterprises. The statute defines such businesses as ones in... 2021  
Rodney A. Smolla § 23:2. Creation of First Amendment standards for libel-Facts and holding of the New York Times case FREESPEECH § 23:2 (2021) [Smolla & Nimmer on Freedom of Speech] Law Review Articles and Other Secondary Sources   The New York Times case arose out of the struggle for racial equality in the South. On February 29, 1960, Dr. Martin Luther King, Jr., was arrested on trumped-up charges involving two counts of perjury in connection with the filing of his Alabama state income tax return. On March 19, 1960, three weeks after King's arrest, the New York Times ran an... 2021  
William F. Patry § 25:39. The shaky foundation of modern customary international law (CIL)-Sources of authority for CIL PATRYCOPY § 25:39 (2021) [Patry on Copyright] Law Review Articles and Other Secondary Sources   We begin with the Western Maid positivist requirement that domestic law be grounded in the command of a sovereign, and the constitutional imperative that federal judges not make law without authorization from such a command. Lacking these two requirements, modern customary international law cannot be treated as law in the United States. Modern... 2021  
Martin D. Carr, Ann Taylor Schwing § 25:63. Tolling for persons disabled or affected by war or great cruelty CAAFDEF § 25:63 (2021) [Expert Series] Law Review Articles and Other Secondary Sources   Section 354 of the Code of Civil Procedure provides: When a person is, by reason of the existence of a state of war, under a disability to commence an action, the time of the continuance of such disability is not part of the period limited for the commencement of the action whether such cause of action shall have accrued prior to or during the... 2021  
Laurence F. Casey, Revised and Supplemented by Edward J. Smith § 3:08.55. Filing of Returns-Frivolous Return Positions CASEY § 3:08.55 (2021) [Casey Federal Tax Practice A Treatise of the Laws and Procedures Governing the Assessment and Litigation of Federal Tax Liabilities] Law Review Articles and Other Secondary Sources   The Service has released a warning regarding what it says is a promoted position that United States tax applies only to income from certain foreign activities. The claim is based on Sections 861 through 865, and Regulation § 1.861-8. The Service points out that these provisions govern how income is sourced (as domestic or foreign) for the... 2021  
Rodney A. Smolla § 3:17. Standing to sue under the Fair Housing Act-Constitutional and statutory standing-Summary FCIVRTACTS § 3:17 (2021) [Federal Civil Rights Acts] Law Review Articles and Other Secondary Sources   In combination, Trafficante, Gladstone, and Havens create a generous standing doctrine under the Fair Housing Act, a doctrine that requires a finding of standing to the full extent permitted by Article III of the Constitution. Lower courts accordingly have tended to be expansive in granting standing under the Act, including cases of noneconomic... 2021  
Laurence F. Casey, Revised and Supplemented by Edward J. Smith § 3:36. Selection of Returns for Examination CASEY § 3:36 (2021) [Casey Federal Tax Practice A Treatise of the Laws and Procedures Governing the Assessment and Litigation of Federal Tax Liabilities] Law Review Articles and Other Secondary Sources   The Internal Revenue Service has stated that the usual reason for selecting a tax return for examination is to verify the correctness of income, exemptions, or deductions that have been reported on the return. Returns are primarily selected for examination by use of a computer program known as the Discriminant Function System (DIF). The DIF process... 2021  
  § 314:2. Causation element for no-fault automobile insurance coverage BLASHFIELD § 314:2 (2021) [Blashfield Automobile Law and Practice] Law Review Articles and Other Secondary Sources   The loss asserted under a statutory scheme of no-fault automobile insurance must have arisen from a single identifiable event. This test, however, is said to differ from the term proximate cause as defined under general negligence law. 2021  
Edward H. Cooper § 3531.10 Citizen Suits FPP § 3531.10 (2021) [Federal Practice and Procedure (Wright & Miller)] Law Review Articles and Other Secondary Sources   Standing doctrines reflect in many ways the rule that neither citizens nor taxpayers can appear in court simply to insist that the government and its officials adhere to the requirements of law. This rule is indeed the central foundation of the doctrines that have been elaborated in earlier sections. Because of this prior discussion, little need be... 2021  
Edward H. Cooper § 3534.2 Political Questions-Foreign Affairs and Indian Tribes FPP § 3534.2 (2021) [Federal Practice and Procedure (Wright & Miller)] Law Review Articles and Other Secondary Sources   Matters dealing with foreign affairs constitute one of the areas in which courts regularly recognize a very broad latitude in the political branches. It has been said that [t]he conduct of the foreign relations of our Government is committed by the Constitution to the Executive and Legislativethe politicalDepartments of the Government, and the... 2021  
Joni Larson, LL.M. § 49B:10. Priorities MERTENS § 49B:10 (2021) [Mertens Law of Federal Income Taxation] Law Review Articles and Other Secondary Sources   In 2002, the Service identified six areas of priorities it uses in its auditing: Offshore Credit Cards. The Service received court approval to issue third party summonses to the major credit card issuers to obtain information on credit cards issued by banks in certain tax havens. It also issued summonses to a number of United States businesses and... 2021  
  § 5:4. Race-Discriminatory application of law GOVDISCRIM § 5:4 (2021) [Government Discrimination: Equal Protection Law and Litigation] Law Review Articles and Other Secondary Sources   The most celebrated equal protection violation cases in recent years have been those challenging the discriminatory impact of facially neutral laws. The problems of proof of such discrimination are discussed in § 3:4, supra. Although laws with such disparate impact are often invalidated under statutory standards, most constitutional challenges are... 2021  
  § 6:36. New York Times v. Sullivan : bringing the First Amendment to bear on defamation law RIGHTSLIAB § 6:36 (2021) [Rights and Liabilities in Media Content: Internet, Broadcast, and Print] Law Review Articles and Other Secondary Sources   New York Times Co. v. Sullivan is the starting point for all modern discussion concerning the American law of defamation. The case revolutionalized the law of defamation by holding for the first time that the traditional tort rules governing the law of libel were subject to the overriding constraints of the first amendment. In the years since the... 2021  
Robert Ramsey § 8:7. In re Seaman 46A NJPRAC § 8:7 (2021) [New Jersey Practice Series TM] Law Review Articles and Other Secondary Sources   Judges 11(5.1) Judges 11(7) Matters of judicial discipline brought before Supreme Court on presentment of Advisory Committee on Judicial Conduct receive de novo review of record and are subject to clear and convincing standard of proof. Judges 11(7) Clear-and-convincing evidence, respecting standard applicable in Supreme Court's review of... 2021  
Robert Ramsey § 8:7. In re Seaman 46A NJPRAC § 8:7 (2021) [New Jersey Practice Series TM] Law Review Articles and Other Secondary Sources   Judges 11(5.1) Judges 11(7) Matters of judicial discipline brought before Supreme Court on presentment of Advisory Committee on Judicial Conduct receive de novo review of record and are subject to clear and convincing standard of proof. Judges 11(7) Clear-and-convincing evidence, respecting standard applicable in Supreme Court's review of... 2021  
Francis C. Amendola, J.D.; Joseph Bassano, J.D.; John Bourdeau, J.D.; M. Elaine Buccieri, J.D.; James Buchwalter, J.D.; Michael N. Giuliano, J.D.; Lonnie E. Griffith, Jr., J.D.; Eleanor L. Grossman, J.D., of the staff of the National Legal Research Group, § 800. Necessity of implementing legislation-"Badges and incidents" of slavery CJS CONSTLAW § 800 (2021) [Corpus Juris Secundum] Law Review Articles and Other Secondary Sources   The purpose of the Thirteenth Amendment was not merely to abolish the physical cruelties of slavery but also to eradicate the badges and incidents of slavery. Although the provisions of the Amendment, standing alone, have not been held to reach the badges and incidents of slavery, under the Amendment's enabling clause, Congress has the power to... 2021  
  § 81:2. Kansas no-fault summary AUTOLIAINS § 81:2 (2021) Law Review Articles and Other Secondary Sources   Coverage Required Automobile liability and PIP coverages are compulsory. Penalties The operation of a motor vehicle not covered by complying insurance constitutes a Class B misdemeanor. A second offense within three years constitutes a Class A misdemeanor. Sec. 40-3104(e). Failure to continuously maintain complying coverage in effect may result in... 2021  
  § 81:2. Kansas no-fault summary AUTOLIAINS § 81:2 (2021) Law Review Articles and Other Secondary Sources   Coverage Required Automobile liability and PIP coverages are compulsory. Penalties The operation of a motor vehicle not covered by complying insurance constitutes a Class B misdemeanor. A second offense within three years constitutes a Class A misdemeanor. Sec. 40-3104(e). Failure to continuously maintain complying coverage in effect may result in... 2021  
Mark Lee Levine, Libbi Levine Segev § 871. Introduction REALETAXPL § 871 (2021) [Real Estate Transactions--Tax Planning And Consequences] Law Review Articles and Other Secondary Sources   Tax motive is important; the concept permeates the tax law. This Chapter discusses and evaluates situations which involve tax motives and the tax importance of the same in planning the transaction. if I understand the Commissioner, he wishes us to consider that these deeds may have been a preliminary step in a reprehensible scheme to lessen ... 2021  
  § 89 Tort Induced by Fraud Restatement (First) of Restitution § 89 (1937) (October 2021 Update) [Restatement of the Law - Restitution] Law Review Articles and Other Secondary Sources   A person who is induced by the fraud of another to believe that his conduct is lawful and in reliance upon that belief does an act because of which both are liable in tort, is entitled to indemnity from the other for expenditures properly made in the discharge of such liability if, as between the two, his reliance was justifiable. a. A person who,... 2021  
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