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3 Oct 2014, 8:58 am
If so, the important question will be how "subsidiary factual issues" are defined, and hopefully the Court will provide clear guidance on how its rule should be applied rather than deciding again that it "need not labor to delimit the precise contours" of its test.Also, as Jason Rantanen has noted, Teva v. [read post]
11 Nov 2013, 10:00 am
With exquisite timing, the Court of Appeals lays it out for us.The case is United States v. [read post]
22 Aug 2008, 1:21 pm
We can't figure out how to italicize the title of a post, so we'll repeat that title here, with our emphasis added:"The Case for Field Preemption of State Laws in Drug Cases. [read post]
28 Feb 2024, 10:00 pm
IT WAS UNDISPUTED THAT NOTICE WAS LEFT WITH AN EMPLOYEEAfter the Bronx County Civil Court denied a tenant’s application to dismiss a holdover proceeding, (based upon the allegedly improper service of a termination notice), the tenant appealed.Since it was uncontroverted that the tenant’s employee received a copy of the notice, the Appellate Term, First Department, concluded that substituted service, (as authorized by state law, RPAPL 735(1)), had been properly effected.Since the… [read post]
17 Jun 2024, 8:55 am
(SFFA) v. [read post]
19 Apr 2019, 1:16 pm
In State v. [read post]
25 Apr 2008, 9:55 am
Yesterday's Forward reports that Jewish organizations-- traditionally strong proponents of church-state separation-- are now splitting over how hard to press on Establishment Clause issues. [read post]
6 Mar 2010, 7:16 am
When it comes to exclusions in an insurance policy, the Texas Supreme Court, in the case, State Farm Fire & Casualty Company v. [read post]
30 May 2015, 7:58 pm
A Fifty State Survey of Firearm Laws Impacting Policies Prohibiting Handguns in Public Libraries,* asked how laws in each state impact similar policies prohibiting handguns in public libraries. [read post]
20 Mar 2024, 8:55 pm
Next, it discusses the unique role of state post-conviction review in our criminal justice system and how that role should inform state retroactivity doctrine. [read post]
4 May 2016, 3:00 am
The case of the day is Resorts World at Sentosa Pte Ltd. v. [read post]
8 Apr 2008, 10:08 am
Massachusetts v. [read post]
4 May 2011, 11:13 am
v. [read post]
Split First Circuit ruling on upward departure based on conduct underlying vacated state convictions
1 Apr 2009, 1:12 pm
Today, these issues became the focal point of a split First Circuit ruling in US v. [read post]
27 Nov 2023, 2:12 am
In this post, Shabbir Bokhari, a paralegal in the Litigation & Arbitration team at CMS comments on the decision from the Supreme Court in R (AAA and Ors) v Secretary of State for the Home Department [2023] UKSC 42 which was handed down on 15 November 2023. [read post]
31 Jul 2016, 1:55 pm
The case of Bernardoni v. [read post]
14 May 2020, 4:04 am
Washington and Colorado Department of State v. [read post]
30 Nov 2009, 12:05 pm
On Monday, November 30, 2009, the United States Supreme Court granted certiorari in the case of Renico v. [read post]
28 Jan 2011, 6:11 am
He held (at paragraph 26) that this approach was wrong, thus overruling the decision in GW v. [read post]
12 Apr 2016, 8:00 am
Legal scholars will present their versions of how the U.S. [read post]
