The National Law Forum

The Blog of the The National Law Review

Category Archives: Constitutional Law

U.S. Supreme Court’s Wynne Decision Calls New York’s Statutory Resident Scheme into Question

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On May 18, the U.S. Supreme Court issued its decision inComptroller of the Treasury of Maryland v. Wynne. In short, the Court, in a five-to-four decision written by Justice Alito, handed the taxpayer a victory by holding that the county income tax portion of Maryland’s personal income tax scheme violated the dormant U.S. Constitution’s Commerce …

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Oklahoma and Nebraska Challenge Colorado’s Amendment 64: Legalized Marijuana

In 2012, Colorado was the first state to legalize recreational marijuana with Amendment 64.  While this has made Pizza Franchisors happy and sent snack sales through the roof, it has also created controversy and unintended consequences.  The entire country has watched Colorado sort through these issues, curious to see how things will land, how much …

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U.S. Supreme Court Declines to Hear Wisconsin’s Same-Sex Marriage Case: How Does This Affect the Administration of an Employer’s Employee Benefits?

On Monday, October 6, 2014, the U.S. Supreme Court denied certiorari in Wolfe v. Walker. As employers will recall, in June 2014, U.S. District Court Judge Crabb found that Wisconsin’s 2006 constitutional amendment barring recognition of same-sex marriages violated the equal protection clause of the U.S. Constitution. In September 2014, the Seventh Circuit affirmed that decision. …

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Oregon’s Same-Sex Marriage Ban Unconstitutional, Judge Rules

  Oregon’s prohibition on same-sex marriage conflicts with the United States Constitution’s guarantee of equal protection, newly appointed U.S. District Court Judge Michael McShane has held in a case filed on behalf of four couples in Multnomah County. Geiger v. Kitzhaber, No. 6:13-cv-01834-MC (May 19, 2014). Judge McShane explained the measure discriminates against same-sex couples. …

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Due Process Requires Proper Service: Federal Rules of Civil Procedure

Among the Federal Rules of Civil Procedure is Rule 12(b)(5) which permits a defendant to file a motion to dismiss a case for insufficient service of process.  Most states have a similar rule for their own courts. This rule arises from Constitutional requirements of due process.  To commence a lawsuit and change the legal position …

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