CONSTITUTIONAL LAW: Ban on Possession of Large-Capacity Magazines Did Not Facially Violate the Second Amendment
National Legal Research Group, Inc. | Public Law Legal Research Blog
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10M ago
John Stone—Senior Attorney, National Legal Research Group             The Ninth Circuit Court of Appeals has held that assuming a California state statute prohibiting, with certain exceptions, the possession of large-capacity magazines holding more than 10 rounds of ammunition implicated the Second Amendment, the statute did not facially violate the Second Amendment. Under an intermediate scrutiny analysis, the court reasoned that the statute was a reasonable fit for an important government interest of reducing the devastating damage wroug ..read more
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CIVIL RIGHTS/CONSTITUTIONAL LAW: Pitt Bull Owners’ § 1983 Action May Proceed
National Legal Research Group, Inc. | Public Law Legal Research Blog
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11M ago
Trish Sifka—Senior Attorney,  National Legal Research Group                                                  In May 2021, the Eight h Circuit affirmed the denial of the City of Minneapolis’s and a police officer’s motion to dismiss dog owners’ unlawful search and seizure claim under 42 U.S.C. § 1983. LeMay v. Mays, 18 F.4th 283 (8th Cir. 2021). Plaintiffs Jennifer LeMay and Courtney Livingston owned two pit bulls named Ciroc and Rocko ..read more
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CONSTITUTIONAL LAW: History and the Application of the Second Amendment
National Legal Research Group, Inc. | Public Law Legal Research Blog
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1y ago
Jim Witt—Senior Attorney, National Legal Research Group             Historical background has always played an important role in the development of case law under the U.S. Constitution. With the emergence of original-intent theory, history, especially the legal history of England, has become even more influential. This point is exemplified by the continuing questions that arise over the interpretation of the Second Amendment to the U.S. Constitution, "Keeping and Bearing Arms—A well regulated Militia, being necessary to the security of a f ..read more
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Chevron Deference Does Not Always Result in Support for the Government's Position
National Legal Research Group, Inc. | Public Law Legal Research Blog
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1y ago
Suzanne L. Bailey—Senior Attorney, National Legal Research Group             It is well-established law that when a federal court reviews a federal agency's construction of a statute it administers, the court will look to whether Congress has addressed the precise question at issue. If the court determines that Congress has not directly addressed the issue, rather than imposing its own construction of the statute, the court will defer to the administrative agency's permissible construction of the statute. This standard of review is called ..read more
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CORONAVIRUS: Hoarding During the Pandemic
National Legal Research Group, Inc. | Public Law Legal Research Blog
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1y ago
Jim Witt—Senior Attorney, National Legal Research Group             While the as yet unexplained hoarding of toilet paper may be thought of as the light side of the coronavirus pandemic, on the not-so-light side is the hoarding of medical supplies, notably drugs and medical equipment such as masks and ventilators. The federal government has taken two steps in this regard—first, an Executive Order from the President, and, second, a warning from the Department of Justice.             Exe ..read more
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CONTRACTS: Emergency Orders and Delayed/Excused Action
National Legal Research Group, Inc. | Public Law Legal Research Blog
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1y ago
Jason Holder—Senior Attorney, National Legal Research Group        With the spread of COVID-19, most jurisdictions have declared a state of emergency and/or issued executive orders curtailing daily life. See, e.g., Cal. Exec. Order N-33-20 (Californians must "stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors"); D.C. Mayor’s Order 2020-054 (District residents must "stay in their residences except to perform essential activities, engage in essential business, provide or obtain governme ..read more
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FEDERAL TORTS CLAIMS ACT: Feres Doctrine Cracked? Opening of Pandora's Box or Further Encasement in Stone?
National Legal Research Group, Inc. | Public Law Legal Research Blog
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1y ago
Trish Sifka, Senior Attorney, National Legal Research Group             On December 20, 2019, President Trump signed the National Defense Authorization Act ("NDAA"), SB 1790, 133 Stat 1198, into law. This legislation included a substantial "crack" in the over 70-year-old, court-imposed Feres doctrine, which barred tort claims by military members against the United States for injuries incurred incident to service. Under this new provision in the NDAA, the Department of Defense ("DOD") can administratively receive, review, and settle tort cl ..read more
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FIRST AMENDMENT/PUBLIC HEALTH: Freedom of Religion During the COVID-19 Pandemic
National Legal Research Group, Inc. | Public Law Legal Research Blog
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2y ago
Steve Friedman, Senior Attorney, National Legal Research Group      In light of the COVID-19 pandemic, many aspects of our lives have been severely altered and restricted in the name of public health. The extent of the states' police power is currently being tested amid the COVID-19 pandemic, and one such legal battleground involves the freedom of religious practice.      As long ago noted by the Supreme Court, "[t]he right to practice religion freely does not include liberty to expose the community . . . to communicable disease or the latter to ill health or deat ..read more
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CIVIL RIGHTS: Solitary Confinement of Juvenile Offenders Struck Down in Florida
National Legal Research Group, Inc. | Public Law Legal Research Blog
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2y ago
John Stone—Senior Attorney, National Legal Research Group      Juvenile offenders and their parents brought a civil rights action against the Florida Department of Juvenile Justice and the Secretary of the Department, challenging the constitutionality of state-wide policies and practices of isolating juvenile offenders in solitary confinement, and alleging claims for disability discrimination under the Americans with Disabilities Act ("ADA") and the Rehabilitation Act. Their claims withstood a motion to dismiss. G.H. ex rel. Henry v. Marstiller, No. 4:19CV431‑MW/CAS, 2019 WL 669 ..read more
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CONSTITUTIONAL LAW:  Court Upholds Ordinance Prohibiting Discrimination Against Public Assistance Recipients
National Legal Research Group, Inc. | Public Law Legal Research Blog
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2y ago
John Stone—Senior Attorney, National Legal Research Group             A survey conducted in Minneapolis, Minnesota, indicated that barely half of the residential rental listings surveyed were affordable for persons receiving vouchers from the federal government's "Section 8" program, and only about a quarter of those affordable properties were willing to accept such vouchers. The backdrop was a vacancy rate in the city for low-income households of only about 2%.             Citing this ..read more
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