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31 May 2024, 11:58 am by John Elwood
” In an apparent effort to create perpetual full employment for federal sentencing lawyers, the Supreme Court long ago adopted a “categorical approach” to determine whether a predicate offense qualifies as a crime of violence under Section 924(c)(3)(A) (as well as under the Armed Career Criminal Act, codified at Section 924(e)). [read post]
15 May 2024, 6:00 am by Public Employment Law Press
While "some overlap between the three separate branches does not violate the constitutional principle of separation of powers[,] . . . when [a branch] acts inconsistently with [the powers of another], or usurps its prerogatives, . . . the doctrine of separation is violated" (Clark v Cuomo, 66 NY2d 185, 189 [1985]).Defendant consists of 11 members who are nominated, subject to certain eligibility restrictions, by various members of the executive and legislative branches… [read post]
15 May 2024, 6:00 am by Public Employment Law Press
While "some overlap between the three separate branches does not violate the constitutional principle of separation of powers[,] . . . when [a branch] acts inconsistently with [the powers of another], or usurps its prerogatives, . . . the doctrine of separation is violated" (Clark v Cuomo, 66 NY2d 185, 189 [1985]).Defendant consists of 11 members who are nominated, subject to certain eligibility restrictions, by various members of the executive and legislative branches… [read post]
12 May 2024, 4:00 am by SOQUIJ
Le tribunal est lié par les précédents de la Cour d’appel du Québec, et notamment par l’arrêt R. c. [read post]