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5 Aug 2016, 5:40 am
It is well-settled law that legislative enactments carry a strong presumption of constitutionality (People v Stuart, 100 NY2d 412, 422 [2003); People v Scott, 26 NY2d 286, 291 [1970)) Thus, a party seeking to find a statute unconstitutional bears a heavy burden and “must demonstrate, ‘beyond a reasonable doubt’, that the statute suffers from ‘wholesale constitutional impairment'” (People… [read post]
25 Dec 2022, 2:14 am
The purpose is to show that this defendant was put in fear by these people. [read post]
23 Jan 2014, 4:04 am
The key issue in the AAC, though, was whether the five comparators were appropriately used as such bearing in mind that those comparators may well have received public subsidy. [read post]
4 Dec 2014, 3:14 am
Inc. v. [read post]
27 Mar 2012, 5:02 am
Department of Health and Human Services v. [read post]
27 May 2008, 4:02 am
Many gun-carrying people fall victim to their own weapons, just as carrying a knife makes it more rather than less likely that you will be stabbed. [read post]
13 Jun 2009, 2:27 pm
., v. [read post]
23 Nov 2015, 7:00 am
Sun Life Assurance Co. of Canada, 1998 CanLII 14627 (ON SC). [4] Dabbs v. [read post]
1 Aug 2022, 9:01 pm
Against this backdrop it bears remembering that Chief Justice Roberts has himself been a reliably conservative vote and voice on many important constitutional matters, and that he often eschews incrementalism in favor of sweeping conservative change.One important example is Roberts’ authorship of the 2013 case of Shelby County v. [read post]
14 Jan 2021, 4:56 pm
Supreme Court explained in Riley v. [read post]
15 Aug 2022, 3:23 pm
Circuit case, Rangel v. [read post]
15 Dec 2011, 4:32 pm
OBG Ltd et al v. [read post]
29 Mar 2024, 5:01 am
In Hunter v. [read post]
23 Aug 2010, 5:01 am
A recent decision, Foundation of Human Understanding v. [read post]
20 Nov 2011, 6:00 am
Why should other owners have to bear the increased costs? [read post]
7 Dec 2011, 11:01 am
Washington, as opposed to whether it bears “adequate indicia of reliability” under Ohio v. [read post]
18 Jun 2018, 5:27 pm
"The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper. [read post]
8 Jun 2009, 4:24 am
" U.S. v. [read post]
16 Jun 2010, 5:19 pm
Please bear with me. [read post]
3 May 2009, 11:29 am
And as we read and reread Souter's opinions (and in recent years some increasingly fiery dissents), we should stop and look carefully at the cases in which he was, after a fashion, loaded for bear: Dissenting in a 2006 case, Kansas v. [read post]