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29 Jan 2025, 6:00 am by Public Employment Law Press
In Franchise Tax Bd. of Cal. v Hyatt, the United States Supreme Court recognized that the text and structure of the Federal Constitution not only preserved States' pre-ratification sovereign immunity, but compelled absolute recognition of that immunity in other States' courts as a matter of "equal dignity and sovereignty" (587 US 230, 244-247 [2019] [hereinafter Hyatt III], overruling Nevada v Hall, 440 US 410… [read post]
29 Jan 2025, 6:00 am by Public Employment Law Press
In Franchise Tax Bd. of Cal. v Hyatt, the United States Supreme Court recognized that the text and structure of the Federal Constitution not only preserved States' pre-ratification sovereign immunity, but compelled absolute recognition of that immunity in other States' courts as a matter of "equal dignity and sovereignty" (587 US 230, 244-247 [2019] [hereinafter Hyatt III], overruling Nevada v Hall, 440 US 410… [read post]
28 Aug 2008, 2:29 pm
New York State Bd. of Elections, No. 07-5367 In a challenge to state law prohibiting the use of absentee ballots in elections for county committee members brought under the First Amendment, grant of summary judgment for defendant state board of elections is reversed where: 1) the arguments proffered by the State are so extraordinarily weak that they cannot justify the burdens imposed by Election Law section 7-122; and 2) the district court… [read post]
6 May 2025, 8:46 am
Bd. of Educ. (330 U.S. 1 (1947)) and its walls of separation ideology, and it protection of religious belief and its manifestation in a community's cultus) has given way to the emerging metaphysical foundations of Espinoza v. [read post]
19 Jan 2018, 2:02 pm by Eugene Volokh
Detroit Board of Education, 431 U.S. 209 (1977), this Court has observed, is "something of an anomaly" when it comes to the First Amendment. [read post]