Search for: "State v. Burden"
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18 Feb 2025, 11:20 am
" However, opined the court, "In New York ... the Legislature—not the Governor—may ordinarily define the terms on which non-constitutional state officers may be appointed and removed.Considering the Plaintiff's secondary arguments, the court decided "the Commission's placement within the Department of State does not violate Article V of the State Constitution. [read post]
10 Jan 2017, 10:27 am
Newcomb v. [read post]
10 Jan 2017, 10:27 am
Newcomb v. [read post]
21 Dec 2016, 7:37 am
Harris and Bethune-Hill v. [read post]
3 Sep 2008, 12:30 pm
Fiddler v. [read post]
9 Jan 2008, 4:24 am
Wexler v. [read post]
22 Dec 2016, 7:36 am
In the case, Lowrey v. [read post]
22 Dec 2016, 7:36 am
In the case, Lowrey v. [read post]
8 Mar 2018, 8:43 pm
If the answer is “always yes,” the state autonomy protected by Printz v. [read post]
22 Apr 2015, 4:13 pm
If such consolidation is to occur, like it or not, I believe it will happen federally and not in the states — and no time soon. [read post]
1 Nov 2010, 12:08 pm
As noted above, the fact that the claimant was initially found disabled under the terms of the plan may be considered evidence of the claimant's disability, but as the Eighth Circuit stated in McOsker v. [read post]
20 Sep 2018, 4:16 pm
Herrod , 2018 NY Slip Op 05110 [163 AD3d 1462 [4th Dept July 6, 2018], the Fourth Department stated, Defendant contends that County Court misstated his burden under the first step of the three-step Batson test. [read post]
9 Apr 2024, 9:24 am
State v. [read post]
25 Jul 2010, 9:04 pm
This is the train of citations (Sidhom is not pertinent): Thomas (2002): The defendant, however, bears the ultimate burden of proving, by a preponderance of the credible evidence, that the evidence should not be used against him (see, People v Berrios, supra at 367; People v Baldwin, 25 NY2d 66, 70; People v Whitehurst, 25 NY2d 389, 391; Nardone v United States, 308 US 338, 341-342), and that the police lacked probable cause to arrest him (see,… [read post]
14 Aug 2008, 12:30 pm
The Note focuses on the 2005 decision in Berry v. [read post]
19 Dec 2019, 5:01 am
[v] He taught me a lot even though he was unable to sway the Nebraska Supreme Court. [read post]
28 Sep 2018, 3:00 am
Thimmesch (Nebraska), Darien Shanske (UC-Davis) & David Gamage (Indiana), Wayfair: Substantial Nexus and Undue Burden, 89 State Tax Notes 447 (July 30, 2018): This is the first of a series of essays wherein we analyze the U.S. [read post]
27 Jun 2016, 8:39 am
The US Supreme Court [official website] on Monday ruled [opinion, PDF] 5-3 in Whole Woman's Health v. [read post]
16 Dec 2011, 12:01 pm
After reading such statement several times, I realized that this premise is really the crux of the issue in State v. [read post]
23 Feb 2012, 6:29 pm
CAAF heard oral argument last week in the case of United States v. [read post]
