$102,300 Verdict Rendered on Exception to the Common Enemy Doctrine
- May 22nd, 2017
- Devon Sharpe
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September 1, 2016 – Brothers Bennett and Bodine owned a residence which was occupied by Bennett adjacent to a subdivision being developed by Liter’s. At the time of the trial only six of the proposed 63 lots had been developed. …
High court limits drunken-driving test laws
- June 23rd, 2016
- Devon Sharpe
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(The Indiana Lawyer) The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests. The justices ruled that police must obtain a search warrant before…
Supreme Court Of The United States begins October Term 2015
- September 29th, 2015
- Devon Sharpe
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The Supreme Court of The United States (SCOTUS) will begin October 5th with arguments being heard on various cases. SCOTUS is scheduled to release orders or opinions on October 13th & 19th. Normally the orders and opinions are released on…
US Supreme Court Justice Samuel Alito to Visit UK Law
- September 23rd, 2015
- Devon Sharpe
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The University of Kentucky College of Law is pleased to announce US Supreme Court Justice Samuel Alito as the Fall 2015 Roy R. and Virginia F. Ray Distinguished Lecturer Thursday, September 24, 2015, 6:00 p.m., The Kincaid Auditorium, Gatton College…
As the 2015 Term opens: The Court’s unusual Eighth Amendment focus
- September 23rd, 2015
- Devon Sharpe
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(SCOTUSblog) – Last June, the Supreme Court’s Term ended not with the same-sex marriage opinions (announced three days earlier), but rather with Justice Stephen Breyer’s surprising and comprehensive opinion (joined by Justice Ruth Bader Ginsburg) in Glossip v. Gross, which…
RJR Nabisco, Inc. v. The European Community Appeal to Supreme Court
- September 18th, 2015
- Devon Sharpe
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On appeal from the 2nd District Court Of Appeal, the question is :Whether, or to what extent, the Racketeer Influenced and Corrupt Organizations Act (“RICO”) applies extraterritorially. Currently, the case has been ongoing since 2004. The case involves an accusation…
A new legal cloud over same-sex marriage in Kentucky?
- September 4th, 2015
- Devon Sharpe
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(SCOTUSBlog) – Five deputy county clerks in Rowan County, Kentucky — the scene of the first major courthouse battle over a conflict between the Supreme Court’s view on same-sex marriage and religious objections to it — told a federal judge that…
The President has the exclusive power to grant formal recognition to a foreign sovereign.
- September 1st, 2015
- Devon Sharpe
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(SCOTUSBlog) – Because the power to recognize foreign states resides in the president alone, Section 214(d) of the Foreign Relations Authorization Act of 2003 – which directs the Secretary of State, upon request, to designate “Israel” as the place of…
EPA interpreted §7412(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants.
- September 1st, 2015
- Devon Sharpe
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(FindLaw) – The Clean Air Act directs the Environmental Protection Agency to regulate emissions of hazardous air pollutants from certain stationary sources (such as refineries and factories). 42 U. S. C. §7412. The Agency may regulate power plants under this program only…
The Fourth Amendment requires government officials to act reasonably, not perfectly.
- September 1st, 2015
- Devon Sharpe
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(Justia) – Following a suspicious vehicle, Sergeant Darisse noticed that only one of the brake lights was working and pulled the driver over. While issuing a warning ticket for the broken light, Darisse became suspicious of the actions of the…
Notebook found in car falls under Fourth Amendment exception
- July 8th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled. Willie J….
Gay marriage legalized nationwide by U.S. Supreme Court
- June 26th, 2015
- Devon Sharpe
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(Indianapolis Business Journal) – Same-sex couples have a constitutional right to marry nationwide, the U.S. Supreme Court said Friday in a historic ruling that caps the biggest civil rights transformation in a half century. Voting 5-4, the justices said states…
Supreme Court upholds nationwide health care law subsidies
- June 25th, 2015
- Devon Sharpe
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(Indianapolis Business Journal) – The Supreme Court on Thursday upheld the nationwide tax subsidies underpinning President Barack Obama’s health care overhaul, rejecting a major challenge to the landmark law in a ruling that preserves health insurance for millions of Americans….
Hotel-record inspection law tossed out by U.S. Supreme Court
- June 22nd, 2015
- Devon Sharpe
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Indianapolis Business Journal – A divided U.S. Supreme Court threw out a Los Angeles ordinance that lets police inspect hotel registries without first getting a judge’s permission. The ruling raises questions about hundreds of similar laws around the country. Laws…
SCOTUS backs presidential power to recognize foreign sovereign in ‘Jerusalem, Israel’ passport case
- June 12th, 2015
- Devon Sharpe
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(ABA Journal) The president has the exclusive power to grant formal recognition to a foreign sovereign, and that extends to the power to control the nation listed as the birthplace on passports, the U.S. Supreme Court has ruled. The 6-3…