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22 Oct 2020, 2:02 pm
Hilliard, 218 F.3d 164, 176 (2d Cir. 2000) (describing consequential damages as those that “seek to compensate a plaintiff for additional losses (other than the value of the promised performance) that are incurred as a result of the defendant’s breach”). [read post]
12 Oct 2023, 6:30 am by Guest Blogger
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Steven L. [read post]
1 Jan 2020, 2:32 pm by Marty Lederman
Nelson, 277 F.3d 164, 176-80 (2d Cir. 2002).Third, if if the government had chosen to prosecute under Subsection 249(a)(2) of the Matthew Shepard Hate Crimes Prevention Act--which does require proof of one or more particular kinds of connections to interstate or foreign commerce--it would have been more straightforward for the government to prove the requisite connections, because of the particular jurisdictional commerce "elements" found in Section 249(a).The government will… [read post]
5 Sep 2016, 7:43 am
Garcia, 176 Ariz. 231, 236, 860 P.2d 498, 503 (Arizona Court of Appeals 1993). [read post]
28 Nov 2022, 5:30 pm by Guest Blogger
” (176) Having shown an appreciation for many of Hayek’s core insights, Koppelman is most effective explaining why Hayek’s whiggish liberalism is a better policy guide than the rigid anti-statism of some other libertarian thinkers, Murray Rothbard in particular. [read post]
18 Nov 2015, 4:31 am
Shurz, 176 Ariz. 46, 859 P.2d 156 (Arizona Supreme Court 1993).State v. [read post]
23 Dec 2021, 6:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176, 180), and "consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably—-probatively and logically" (id. at 181). [read post]
23 Dec 2021, 8:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176, 180), and "consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably—-probatively and logically" (id. at 181). [read post]
20 Nov 2015, 6:43 am
Shurz, 176 Ariz. 46, 859 P.2d 156 (Arizona Supreme Court 1993).State v. [read post]
23 Dec 2021, 8:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176, 180), and "consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably—-probatively and logically" (id. at 181). [read post]
1 Feb 2013, 10:09 am by Brian Shiffrin
 byJill PapernoSecond Assistant Monroe County Public Defender In every search case where police claim the defendant consented to the search, there are two issues that must be addressed. [read post]
30 Jun 2017, 4:10 am by Rebecca Tushnet
Larson, 381 N.W.2d 176 (N.D. 1986), which upheld a preliminary injunction preventing a “pro-life” pregnancy clinic from engaging in “false and deceptive advertising and related activity [that] misleads persons into believing that abortions are conducted at the clinic with the intent of deceptively luring those persons to the clinic to unwittingly receive anti-abortion propaganda. [read post]
1 Oct 2015, 11:51 am by Alex Loomis
Some of the Charter’s rights infringements might be justified, he argued, if they were proportionate, “necessary[,] and genuinely meet objectives of general interest recognised by the European Union or the need to protect the rights and freedoms of others” (¶176). [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Correction Law article 23-A and Executive Law §296(15) protect certain individuals convicted of criminal offenses from unlawful discrimination in employment and licensing. [read post]