vLex United States

  • New York Times Upfront

    Issue number #149-8 (January 2017) of publication New York Times Upfront is now available

    Feb 25, 2017 12:02 PM

  • Court grants petition to review BIA decision regarding Oregon charge

    A petition for review of a Board of Immigration Appeals (BIA) has been granted. Although the petitioner had been convicted of delivery of a controlled substance in Oregon, the Court found that under Oregon law that crime does not rise to the level of an aggravated felony. See Decision.

    Feb 25, 2017 12:31 AM

  • Court finds potential issues of material fact regarding excessive force against an inmate

    The 9th Circuit Court has affirmed a summary judgment for claims of deliberate indifference where the inmate did not properly exhaust his administrative remedies. However, the Court did reverse judgment regarding claims of excessive force, finding that there were issues of material fact. See Decision.

    Feb 25, 2017 12:30 AM

  • Copyright claim dismissal affirmed as there was a lack of "volitional conduct"

    The 9th Circuit has affirmed the dismissal of copyright claims stemming from an information sharing website. The Court found that the “volitional conduct” causation requirement was not present but rather the evidence showed that the company was merely passively storing the materials. See Decision.

    Feb 25, 2017 12:28 AM

  • NLRB decision vacated regarding non-union hospital hiring practices

    The 1st Circuit Court of Appeals has vacated a National Labor Relations Board decision. The Board had found that a policy of hiring non-union members at a non-union hospital was in violation as it was not a legitimate and substantial business justification. The Court of Appeals vacated this decision stating that there was not substantial evidence for the finding that there was an unfair preference. See Decision.

    Feb 25, 2017 12:27 AM

  • South Carolina Court rules allowing both parents of same sex couples may have their name on birth certificates

    The South Carolina District Court has ruled that South Carolina must place both parent names on birth certificates for children of same sex couples. The Court found that prohibiting both of the parents’ names was unconstitutional. See Decision.

    Feb 25, 2017 12:25 AM

  • Class action approved challenging fees to electronically access documents

    A district court judge has approved a class action brought regarding the fees charged to access electronic documents on PACER. The complaint claims that the fees charged for access to the documents are far greater than the amount it costs to maintain the service and provide access to the documents, which if true, would be in violation of the E-Government Act. See Opinion.

    Feb 25, 2017 12:23 AM

  • Disciplinary agreement reached for judge who set improper bond

    A disciplinary agreement has been released in the case of a Tennessee judge who set a $250,000 bond in a seat belt case without making the proper determinations necessary. The judge issued a statement expressing remorse for the action. See Agreement.

    Feb 25, 2017 12:23 AM

  • Congress approves relaxed gun controls for individuals with a history of mental illness

    A bill has passed congress and been presented to the president which removes some restrictions that had been placed on individuals purchasing guns with a history of mental illness. It would remove implementation of previous legislation prohibiting the purchase of firearms if they were not able to work of manage social security benefits due to mental illness. See Bill.

    Feb 25, 2017 12:21 AM

  • Alabama House approves bill removing funding for colleges with "sanctuary" policies

    The Alabama House of Representatives has voted in favor of a bill which will have the effect of removing funding for public colleges that use “sanctuary” policies regarding immigration enforcement. See Bill.

    Feb 25, 2017 12:16 AM

  • Yale Law Journal

    Issue number #126-3 (January 2017) of publication Yale Law Journal is now available

    Feb 24, 2017 12:02 PM

  • Diverse Issues in Higher Education

    Issue number #33-26 (January 2017) of publication Diverse Issues in Higher Education is now available

    Feb 24, 2017 12:02 PM

  • USA Today Magazine

    Issue number #145-2861 (February 2017) of publication USA Today Magazine is now available

    Feb 24, 2017 12:02 PM

  • Petition denied regarding 6th amendment claims

    A petition claiming that the use of photocopied airline records at trial was unconstitutional in violation of the 6th amendment has been dismissed. The petitioner claimed a right under the confrontation clause regarding the procedures in place for the verification of passenger identities. See Decision.

    Feb 24, 2017 12:17 AM

  • Court affirms plea bargain sentence

    The 1st Circuit Court has affirmed the sentence of a man who entered a plea bargain on charges of bank robbery and brandishing of a firearm. The Court affirmed the sentence despite the defendant’s allegations that the Court failed to consider effects of his medication in making the plea and the failure of the judge to advise the defendant that his sentences would run consecutively. See Decision.

    Feb 24, 2017 12:14 AM

  • Court denies claim of lost opportunities due to trustees' denial of funds

    A suit trying to recover for opportunities lost due to a trustee’s denial of trust distributions has been decided in favor of the trustees. The Court found that there was no violation of the trustees’ fiduciary duties and there was no harm suffered by the beneficiary as a result of the trustees’ actions. See Decision.

    Feb 24, 2017 12:12 AM

  • No qualified immunity for officer who took protective custody without probable cause

    The 1st Circuit Court has reversed a finding of qualified immunity for an officer who took unconstitutional action in his taking of protective custody via handcuffs, transportation and jail without probable cause of incapacitation. See Decision.

    Feb 24, 2017 12:08 AM

  • Drug charge convictions confirmed as violation would not have changed outcome

    A conviction for drug charges has been affirmed even though the court used an improper modified categorical approach. The court found that even under the proper method, the attempt conviction still was considered a controlled substance violation. See Decision.

    Feb 23, 2017 11:53 PM

  • Dept. of Commerce regulation application affirmed improper

    The Court has affirmed a decision of the Court of International Trade in an anti-dumping case. The Court found that the Department of Commerce decision declining to apply a regulation limiting the use of the average-to-transaction methodology to non-targeted sales because the agency asserted that the regulation had been withdrawn in 2008 was in violation of the Administrative Procedure Act. See Decision.

    Feb 23, 2017 11:51 PM

  • USDA begins re-posting animal welfare information

    The United States Department of Agriculture (UDSA) has re-posted some information that had previously been removed from the website. This includes information such as animal welfare reports. The information had previously been removed while an agency review was being conducted. See

    Feb 23, 2017 11:47 PM

  • Lawsuit has been filed challenging detention of DACA individual

    A lawsuit has been filed challenging the detention of an immigrant under protection of the Deferred Action for Childhood Arrivals (DACA.) The individual was detained after immigration officials came to detain his father, even though he told them he was in the United States legally. See Decision.

    Feb 23, 2017 11:34 PM

  • Asylum application appeal remanded where certain factors were not taken into consideration

    The 7th Circuit Court has remanded an immigration asylum application for an HIV positive citizen of Honduras. The Court noted that the Immigration Judge failed to take into account the spotless criminal record of the applicant as well as the current country conditions of Honduras. See Decision.

    Feb 23, 2017 1:25 AM

  • Haitian Senator-Elect extradited to United States on drug charges

    A Haitian senator-elect, Guy Philippe, has been arrested by the Haitian anti-drug trafficking bureau and extradited to the United States. The extradition related to drug charges in Miami from 2005. See Article.

    Feb 23, 2017 1:24 AM

  • Court finds violation of dormant commerce clause in e-cigarette regulations

    The 7th Circuit Court has found that an Indiana law regulating the sale of vapor liquids and e-cigarette products is in violation of the dormant commerce clause. The law required detailed regulations and procedures for producers out of state and made it difficult for any company to be in compliance. See Decision.

    Feb 23, 2017 1:23 AM

  • Washington Family Care Act preempted by Railway Labor Act

    The 9th Circuit Court of Appeals has found that a claim under the Washington Family Care Act is preempted by the Railway Labor Act. A flight attendants claim was found to be a “minor dispute” under such act and as such she is required to use “the collective bargaining agreement grievance procedure to resolve her claim.” See Decision.

    Feb 23, 2017 1:22 AM

  • DOJ finds pattern of use of force in Chicago Police Department

    The Department of Justice has released a statement on findings that there has been a pattern of use of force in violation of the 4th amendment by Chicago police officers. The findings suggest that Chicago police officers unnecessarily endanger themselves which results in unnecessary use of force. See Press Release.

    Feb 23, 2017 1:21 AM

  • FCC ends off-air period

    The Pennsylvania Senate has approved a bill which will have the effect of banning abortion procedures any period after 24 weeks of pregnancy. See Bill.

    Feb 23, 2017 1:20 AM

  • Pennsylvania Senate approves abortion regulations

    The Pennsylvania Senate has approved a bill which will have the effect of banning abortion procedures any period after 24 weeks of pregnancy. See Bill.

    Feb 23, 2017 1:19 AM

  • Oversight committee blocks death with dignity bill in Washington D.C.

    An oversight committee has voted preventing legislation regarding death with dignity or assisted suicide legislation from becoming law. This is controversial for the city of Washington D.C. as the city had just recently voted to pass the legislation. See Vote.

    Feb 23, 2017 1:17 AM

  • Tax Executive

    Issue number #69-1 (January 2017) of publication Tax Executive is now available

    Feb 22, 2017 12:02 PM