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8 Jul 2021, 7:07 am by Second Circuit Civil Rights Blog
On the habeas petition to federal court, the EDNY said the First Department's ruling violated clearly-established constitutional law, and the Second Circuit (Wesley, Sullivan and Menashi) agrees. [read post]
7 Jul 2021, 11:52 am
Although the law uses the word “disability,” when referring to guardianship of an adult, the criteria for what constitutes a disabled person is more inclusive than you may assume. [read post]
” Thus, it held the testimony amounted to non-expert opinion unsupported by a factual foundation, and therefore did not constitute substantial evidence. [read post]
” Thus, it held the testimony amounted to non-expert opinion unsupported by a factual foundation, and therefore did not constitute substantial evidence. [read post]
6 Jul 2021, 8:55 am by Arthur F. Coon
  Property owners within the affected watershed intervened and alleged SPAWN’s petition was untimely because CEQA did not authorize or permit tolling agreements; the trial court rejected that argument, and upheld the tolling agreements at issue as effective and not prohibited by CEQA, and the SPAWN Court of Appeal affirmed that conclusion. [read post]
6 Jul 2021, 8:52 am by Matt Gluck, Jack Goldsmith
The pardon attorney uses similar factors to evaluate commutation petitions—focusing specifically on the severity of the petitioner’s sentence, the petitioner’s age and any notable service the petitioner has provided to the U.S. government. [read post]
6 Jul 2021, 6:18 am by John Jascob
Adams successfully argued in the district court and in the Third Circuit that the Delaware constitution’s political balance provisions violated his associational rights under the First Amendment.Delaware's petition for certiorari asked if the First Amendment invalidated political balance provisions and whether the major-party provision was severable. [read post]
5 Jul 2021, 3:45 pm by Eugene Volokh
On balance, I'll argue, the common-carrier model might well be constitutional, at least as to the hosting function. [read post]
5 Jul 2021, 9:35 am by Jonathan H. Adler
Ilya Somin commented on the cert denial and Josh Blackman speculated on why the cert petition did not attract more votes from the conservative justices. [read post]
4 Jul 2021, 6:41 am
The celebrations of the American 1789 Constitution or the Irish 1937 Constitution remain mooted indeed. [read post]
3 Jul 2021, 5:25 pm by Mitchell Jagodinski
These and other petitions of the week are below: Sorenson v. [read post]
2 Jul 2021, 9:30 pm by Ilya Somin
Thomas wrote a strong dissent to denial of certiorari, which Gorsuch joined: [T]his petition provides us the opportunity to correct the mistake the Court made in Kelo. [read post]
2 Jul 2021, 8:04 am by Amy Howe
The tuition-assistance program only allows the funds to be used, however, at “nonsectarian” schools. [read post]
2 Jul 2021, 7:03 am by Jonathan H. Adler
§1983, unless their conduct violates a "clearly established statutory or constitutional righ[t] of which a reasonable person would have known. [read post]
2 Jul 2021, 4:00 am by Jim Sedor
It has divided progressives who believe democracy cannot survive without its enactment, a president in Joe Biden who has not used his bully pulpit to promote it as much as they would like, and moderate Democrats who do not think it is worth upending the filibuster to overcome GOP opposition. [read post]
1 Jul 2021, 12:57 pm by John Elwood
Taylor, 20-1459, the government has brought its own petition; in Dominguez v. [read post]