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20 Feb 7:51 am by Eliza Presson
... or more of five purposes, including for the benefit of Native Hawaiians and the promotion of homeownership. In 1978, the Office of Hawaiian Affairs (OHA), the named plaintiff in this case, was established through a state constitutional convention to ... changed the legal landscape by altering the obligations of the State. It is implausible, the State argues, that the mere congressional acknowledgment of well-known facts would lead the Hawaii Supreme Court to recognize for the first time claims on ...
SCOTUSblog - http://www.scotusblog.com/wp/
17 Jun 12:02 pm by Michael Ginsborg
... /22/09) 06/17/09 NY Times: The strong symbolism of the president's move cannot be denied. The federal government is, for the first time, acknowledging that its employees' same-sex partners are worthy of respect ... Still, it is impossible to ignore how much of the ... is failing on campaign promises: An update on the Obama administration and gay rights. With guests John Berry, director, Office of Personnel Management and Joe Solmonese, president, Human Rights Campaign. 06/18/09 ADF Alliance Alert: ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
15 Nov 7:41 am by Paul Horwitz
... else in mind when it comes to restocking the federal judiciary than simply meeting staunch conservatives with staunch liberals -- that it actually likes judicial moderates for their own sakes. To the extent it acknowledges any of these things, it certainly does ... the delegation of judicial picks to their wing of the party. In my view, the Republicans generally do proceed in this manner when in office, although again it may be my perspective talking. Either way, there is no reason we have to agree ...
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
7 Nov, 2008 1:46 pm by George P. Conway
... , a retired acting New York Supreme Court Justice and Court of Claims Judge must be shocked by the announcement since he pleaded guilty in Federal Court approximately two months ago to violating the federal Mann Act by recruiting ... criminal charges against me. I appreciate the impartiality and thoroughness of the investigation by the U.S. Attorney's Office, and I acknowledge and accept responsibility for the conduct it disclosed. I resigned my position as Governor because I recognized that conduct ...
New York Criminal Defense Lawyer Blog - http://www.newyorkcriminaldefenselawyerblog.com/
20 Nov, 2007 2:31 pm by ZMan!
... standards established by a state regulatory board for the evaluation and treatment of sex offenders. Federal officers also receive guidance in identifying qualified sex offender treatment providers ... BOP within the next 150 days. The roster is then made available to probation officers via our OPPS web home page. Sex Offenders on Post-Conviction ... using any of the sex offender project codes; meaning they did not acknowledge paying for any sex offender treatment services. Costs Overall, districts spent ...
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
21 Nov, 2008 7:59 pm
... application of the concept of fiduciary duties in a closely-held corporation. Typically courts hold that officers, directors, and controlling shareholders owe duties to minority shareholders because these ... court in Sery v. Federal Business Centers, Inc., Slip Copy, 2008 WL 4934034 (D.N.J. November 14, 2008), acknowledged that a New Jersey ... N.J. 352, 734 A.2d 721 (N.J. 1999). However, the federal court expressed some reluctance in following the Massachusetts authorities because the New Jersey ...
Shareholder Oppression - http://blog.shareholderoppression.com/
8 Nov, 2007 1:04 pm
... law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress in enacting the Federal law. . . . [T]he doctrine of implied preemption must be applied. As stated in the proposed rule, a single ... that such a compromise acts to insulate the manufacturer from liability." The FDA replied that it couldn't be concerned with that: [FDA] acknowledges that the final labeling for a drug is often the result of interactions between FDA and the manufacturer. . . . ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
29 Dec, 2008 8:12 pm
... of the officers' story defies credibility.'" The decisions are important, both as a rare acknowledgement by a federal judge that an officer's badge is no guarantee of truth, and because of its discussion of the standard that applies to a motion ... viewed as "cumulative" - would corroborate the testimony presented at the suppression hearing, bolster the credibility of the testifying officers, and "provide context for the actions of the Fugitive Task Force" team on that date. Granting the motion, ...
New York Federal Criminal Practice - http://www.nyfederalcriminalpractice.com/
20 Jul, 2007 12:58 pm
... inadmissible. We conclude that even if we were to adopt the constructive entry doctrine recognized by several federal circuit courts of appeals, defendant in this case would fail to establish that the police constructively entered his home in ... record in the light most favorable to the government, we are not satisfied that an adequate foundation was developed to show that Officer Prade could reasonably believe that there was a sufficient probability that criminal activity had occurred based on the ...
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
24 Oct, 2008 7:12 pm by Cal Law
... retaliation for the wounding of MS-13 members earlier in the day. Prosecutors have also revealed that one of the defendants in the federal indictment, Douglas Largaespada, is the man who fingered Ramos for the killings in the first place. Ramos' brother-in-law, Abraham ... 's press conference, Russoniello was dodgy when asked why. He acknowledged that there might be "spillover" between federal and state efforts, but said his office likes to let cases that start in state jurisdiction stay there. Yet ...
Legal Pad - http://legalpad.typepad.com/my_weblog/
8 Dec, 2008 3:30 am by A Voice
... Benson E. Legg rejected Patel's argument, pointing out that federal courts in other jurisdictions have already decided the issue in the government's favor. "As Kennedy acknowledges, the Commission has broad authority to impose conditions on his ... Rosenstein said Legg had good reasons to find that Kennedy should be on the registry. Legg wrote that Kennedy's probation officers noticed "a number of troubling interactions Kennedy had with women in the community during the first few years of his parole ...
Sex Offender Research by A Voice of Reason - http://sexoffenderresearch.blogspot.com/
1 Jan 1:29 pm
... single autonomous political entity. (6) The membership of the Tribe is composed principally of persons who are not members of any acknowledged North American Indian Tribe. (7) Neither the Tribe nor its members are the subject of congressional ... the Department's Office of the Solicitor and senior officials within BIA, culminating with the approval of the Assistant Secretary-Indian Affairs. After a proposed finding is approved by the Assistant Secretary, it is published in the Federal Register and a ...
Native American Legal Update - http://www.nativelegalupdate.com/
12 May 11:10 pm by Jeralyn
... characterized as a pattern of prosecutors in the US attorney's office withholding evidence. The sanctions ranged from fining her personally -- something prosecutors said would be a first by a federal judge in the country for a lapse of Sullivan's type to ... Sullivan's notes, just before the suppression hearing was complete. Sullivan and her supervisor, James Herbert, acknowledge that Cooley's prior inconsistent statements constituted material exculpatory evidence, and that the failure to disclose ...
TalkLeft: The Politics of Crime - http://talkleft.com
7 Feb, 2008 6:05 am by Scott B. Wilson
... years. However, Mr. Spitzer is safely ensconced in the N.Y. Governor's office; are not the days of feasting on Wall Street over? Not so fast, this past ... boiler-room frauds" involving small time individual defendants while, "It was generally acknowledged within the securities industry and the law enforcement community that the SEC, the NASD and ... federal prosecutors do not possess except upon a conviction or guilty plea.[28] It is unclear whether the most recent subpoenas issued by the NY AG's office ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
13 Sep, 2008 1:15 pm by Marcia Oddi
... Libraries, whose members are heavy users of government records. "When new officials take office, they have new programs and policies, and they want to make ... well publicized in court cases and Congressional hearings. Officials at other federal agencies acknowledge that their record-keeping systems are not much more advanced or reliable. ... keeping has become decentralized, and the government has fewer clerical employees. Federal employees say they store many official records on desktop computers, so ...
The Indiana Law Blog - http://indianalawblog.com/
24 Sep, 2007 11:25 am by Thomas Swartz
... of action for damages arising out of the September 11th attacks. The act which created the act also provided that this Federal cause of action would be the exclusive remedy for damages arising out of the attacks. Last Thursday, the First Department held ... to him or his physicians until about June 6, 2004. Although the petition acknowledged that the 90-day notice rule had not been complied with, the officer argued that the City was aware of the facts and circumstances underlying his claim well ...
New York Legal Update - http://tswartz1.typepad.com/new_york_legal_update/
28 Nov, 2007 8:28 pm
... reasonably concluded that the more expensive testing was not required by the contract (a fact which the government had acknowledged during the course of performance of the contract). Finally, the Circuit Court upheld the lower court's ruling that ACE ... for the government's second argument concerning a credit for unrealized savings, the Federal Circuit ruled that "[t]his argument was not presented to the contracting officer, was not discussed in the decision of the [CoFC], and is devoid of merit ...
Federal Construction Contracting Blog - http://federalconstruction.phslegal.com/
14 Nov 11:22 am by Michel-Adrien
... is even more dramatic - one in three federally sentenced women is Aboriginal. Aboriginal rates of incarceration are now approaching nine times the national average. The report acknowledges that many of the circumstances contributing to high rates of ... reintegration, including under-utilization of Healing Lodges shortage of Elders and dedicated Aboriginal program delivery officers inconsistent access to Aboriginal programming lack of an Aboriginal anti-gang management strategy lack of an ...
Library Boy - http://micheladrien.blogspot.com/index.html
4 Dec, 2008 4:20 pm
... a public-interest group have lodged a lawsuit against Kentucky officials over a law that requires the state Office of Homeland Security to acknowledge God as "being vital to the security of the Commonwealth." The law passed in 2006 requires the Kentucky Office of Homeland ... in a state circuit court, says the law violates the separation of church and state provisions of the Kentucky and federal constitutions. Gov. Steve Beshear (D) said his administration would stand by the homeland security law. ...
Tags: clauses, Religion
ACSBlog - http://www.acsblog.org/
13 Aug 6:47 am by Charles Kotuby
... on the patent application sent to the US Patent and Trademark Office ("USPTO") there. The district court dismissed that action for lack of personal jurisdiction. On appeal, the Federal Circuit identified "a question . . . of first impression, viz., whether ... , unless the defendant rebuts that showing or consents to jurisdiction in another U.S. forum. As Judge Selya acknowledged nearly a decade ago, "[i]n a world of exponential growth in international transactions, the practical importance of [the ...
Conflict of Laws .net - http://www.conflictoflaws.net
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