Ballard Spahr LLP’s Post

Check out this article I wrote surrounding the meaning of justice and reflecting on the new SC Supreme Court Justice! https://lnkd.in/evNjJk5m

Tune in to the latest episode of 'Council of Firsts' by the Austin Bar Association to hear about the importance of women and the practice of law! Elizabeth Cantu, Chair of Women and the Law Section, and member of RW gives her insight on the value and benefit of The Women and the Law section for the female bar.⚖️ #RWLawFirm #WomenInLaw

•Facts : The petitioner (father) sought the release of his 30-year-old daughter from a man, alleging her illegal detention. The woman expressed a desire to live independently, rejecting both her father's and her husband's homes due to past violence. The father argued that she should return to his custody. •Court’s Observations: The Court criticized the outdated view that a father is a more suitable custodian for an adult woman. Justice Kaul emphasized that an adult woman's rights to autonomy and personal liberty are protected by the Constitution. The Court stated that the Writ of Habeas Corpus is meant to uphold individual freedom and cannot compel an adult to return to any custody, even that of a parent. •Court’s Decision: The petition was dismissed, affirming that the woman’s constitutional rights to live independently and make her own choices must be upheld. The Court instructed the police to record the woman’s statement and ensure her protection, reinforcing the principle of personal liberty. •Key Points: The Court reaffirmed that adult women have the right to autonomy and should not be coerced into returning to any custody based on outdated social roles. The Court emphasized that constitutional rights of equality and personal liberty prevail over traditional custodial expectations. #PunjabAndHaryanaHighCourt #HabeasCorpus #PersonalLiberty #ConstitutionalRights #GenderEquality #LegalUpdate #JusticeManjariNehruKaul #WomenRights #Autonomy Ansari Solicitor Firm

HAWL is honored to partner with the National Association of Women Lawyers (@nawlwomeninlaw) in 2024 for its 125th anniversary. NAWL’s mission of advancing women in the legal profession and under the law remains as vital today as it was at its founding in 1899. Join NAWL for Part II of their Protecting the Vote, Protecting Democracy virtual series, which continues Wednesday, April 10, at 12:00 PM ET. Their expert panel will discuss the use of intimidation tactics - including hate crimes, voter threats and political violence - to erode democracy. Which tactic do you think puts our #democracy in the most danger? Guest speakers include: 🎤Leah C. Alden from @naacp_ldf 🎤Nadia Aziz from @civilrightsorg Moderating: 🎤Carla M. Castello from Babst, Calland, Clements and Zomnir, P.C. 🎤Ami Gandhi from @chicagocivilrights This event and the series are free and exclusive to NAWL members. Visit nawl.org to become a member or visit https://lnkd.in/gbbwaiXT Note that if you registered for part one, you’re automatically registered for the rest of the series. If you haven’t joined us yet, don’t worry - you can jump in at any part of the series! #NAWL125 #NAWL #WomeninLaw #VotingRights #law #legal #voterintimidation #intimidationtactics #voterthreats #virtualevent #lawyer #attorney #votersuppression

Exciting News! We're thrilled to announce that our very own Senior Trial Attorney, Ariella Perry, Esq., will be a moderator at the CAALA Women in Law Summit 2024! Join us on Friday, September 20th, from 3:45 PM to 4:30 PM as Ariella shares moderates the exciting topic: "Building Extraordinary Success." Don't miss this opportunity to gain valuable insight from a true leader in the legal field. #WilshireLawFirm #WomeninLaw #CAALAWomen #WilshireLawFirm #KeynoteSpeaker #LegalLeadership #BuildingSuccess

The U.S. Supreme Court does not operate like any other court in the U.S. judicial system. It is an appellate court only; it does not conduct trials. It rarely considers facts in its decisions; it’s mostly about points of law, although the court might take a different view of the legal import of facts than the lower courts. There’s no automatic right to be heard by the Supreme Court (except in disputes where both parties are sovereign states of the U.S.). The Court turns down most appeals and takes up only a small slice of the petitions presented to it. Importantly, the Court is not always in session. Each year, it has a term that begins on the first Monday in October and continues until late June or early July. The Court’s work is divided into “sittings” when the Court hears oral arguments and “recesses” when the Court considers the cases and writes opinions. Keep reading this article here. https://lnkd.in/eYzsZSqg

Today I attended the Supreme Court with my tutor Laina Chan There were 19 barristers in the matter - she was the only female barrister in the room. It is depressing that there is not more representation of women at that level. If you are responsible for briefing Counsel in your role, consider identifying female Counsel in your practice area and consider engaging them! #glassceiling #womeninlaw #equitablebriefing

BIG VALUES: When working with Romer Maud Family Lawyers, equality and inclusion are at the forefront of our practice. Your unique story and needs will be embraced and advocated for, with expert legal strategy from our experienced practitioners. To get to know about us, and how we can help you receive the support you need in your separation, visit us here: https://romermaud.com.au/ #RomerMaud #FamilyLaw

Today, i.e., 18/06/2024, I got to witness the Larger Bench of the Bombay High Court comprising of Hon'ble the Chief Justice, Hon'ble Justice Revati Mohite Dere, Hon'ble Smt. Justice Bharati Dangre, Hon'ble Shri Justice Sarang Vijaykumar Kotwal & Hon'ble Shri Justice Somasekhar Sundaresan. The matter in hand are various Writ Petitions and Applications filed by Litigants aggrieved by, including but not limiting to, the following issues: ·        Whether a proceeding at the stage of issuance of notice u/s 12 of the DV Act can be invoked/challenged under Section 482 of CrPC? ·        Whether the aforesaid remedy is available to an aggrieved person before approaching the learned magistrate? ·        Whether the Kamatchi v. Lakshmi Narayanan, (2022) 15 SCC 50 is applicable on the matter referred by the Ld. Single Judge i.e., present matters? ·        Whether the Kamatchi Judgment (Supra) affects the Full Bench Judgment of the Bombay High Court?   ARGUMENTS OF THE APPLICANTS: 1.    Filing of an application u/s 12 of DV Act cannot be equated to lodging of a complaint or initiation of prosecution. 2.    The scope of notice u/s 12 of DV Act is to call for a response from the respondent in terms of the Statute so that after considering rival submissions, appropriate order can be issued - The dictum in Adalat Prasad would not get attracted. 3.    If there be any offence committed, the limitation prescribed u/s 468 CRPC will apply from the date of commission of such offence. By the time an application is preferred u/s 12 DV Act, there is no offence committed in terms of the Act and as such there would never be a starting point for limitation from the date of application u/s 12 DV Act. Starting point for limitation would arise only after a breach of an order passed u/s 12 DV Act. 4.    Statement of objects and reasons mentioned in the DV Act: “D.V. Act was enacted as a law with the purpose of providing a remedy in civil law for the protection of women from being victims of domestic violence and to protect the occurrence of domestic violence in society. The enactment of law was made keeping in view the rights guaranteed under Articles 14, 15 and 21 of the Constitution and to provide for a remedy in the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.” 5.    U/s 2(a) of the DV Act, the 'aggrieved person' was defined with respect to a 'respondent' defined u/s 2(q) and not referred to an accused. The grievances and reliefs under the Act were not in nature of a formal accusation as in a criminal case and thus the person against whom relief was sought was not an accused.   CASES REFERRED: 1.    Kamatchi v. Lakshmi Narayanan, (2022) 15 SCC 50 2.    P. Pathmanathan v. Tmt. V. Monica, 2021 SCC OnLine Mad 8731 [Approved in Kamatchi Judgement] 3.    Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC 394 4.    Adalat Prasad v. Rooplal Jindal, (2004) 7 SCC 338

Big news for financial services —the US Supreme Court has upheld the constitutionality of the CFPB’s funding structure. Solicitor General Prelogar strikes again! Learn a little bit more about her here. She is one of the best legal orators I have ever heard. #financialservices #regulatorycompliance