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31 May 2007, 9:06 am
This post continues that report, addressing revisions relating to the time limits for filing merits and cert-stage amicus briefs. [read post]
30 Sep 2015, 1:39 pm
On July 18, 1895, Judge Goff sentenced her to “execution by electricity” and sent her to Sing Sing Prison, the first female convict held there in 18 years and the first one on death row. [read post]
12 Dec 2021, 4:47 pm
illustrates this problem, [5] I shall first refer to the unsatisfactory state of the record I am asked to rely upon to reach the level of confidence necessary to sustain a judgment on the merits. [read post]
10 Dec 2010, 7:00 am
First, in the BCS-era major conference teams have become increasingly less likely to schedule challenging regular season, non-conference games, for fear of sustaining a crippling early season defeat. [read post]
31 Jan 2008, 11:55 am
And what would a first woman president signal to the rest of the world and our own children? [read post]
7 Feb 2013, 1:18 pm
The panel first emphasized that it could not consider any evidence presented for the first time to the district court at an evidentiary hearing, because under Pinholster that evidence was "irrelevant" to the court's review of this IAC claim, which had been decided on the merits by the California courts. [read post]
19 May 2016, 10:18 am
We need not decide the merits of the father’s claim that the order is vague and overbroad. [read post]
19 Mar 2010, 4:38 pm
However, many lawyers are divided over the merits of some of the tackiest examples of this phenomenon. [read post]
12 Dec 2022, 12:11 pm
He therefore addressed the merits of the case—becoming the first judge to do so. [read post]
6 Oct 2011, 12:07 pm
Rodriguez, since it was not a habeas merits case. [read post]
25 Feb 2013, 12:07 pm
It is not appropriate at this stage to make a fine assessment of the relative merits of the claim of the Plaintiff but only to observe that the claims are not so weak that they are bound to fail. [read post]
16 May 2010, 6:47 pm
First, as in most other kinds of cases in our Circuit, a court may issue a preliminary injunction in a copyright case only if the plaintiff has demonstrated “either (a) a likelihood of success on the merits or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in the [plaintiff]'s favor. [read post]
19 Dec 2023, 4:28 am
This decision teaches how we should attack the final merits determination by demonstrating that the USCIS’s finding under the second step is inconsistent with its finding under the first step, and that the USCIS cannot impose novel evidentiary requirements under the second step. [read post]
20 Sep 2021, 1:08 pm
First, since every single jurist on the case (both in the trial court and on appeal) agrees that plaintiffs are wrong on the merits, it would make zero sense for plaintiffs to seek review -- even if they got it, they'll surely lose on the merits, so it'd be a waste of money. [read post]
10 Oct 2011, 3:00 am
The first two, according to the court, are merely aspirational and precatory and do not give right to claims for relief, and the third is, as a matter of US law, not self-executing. [read post]
28 May 2021, 9:02 am
(First-time test-takers at “law offices/judges chambers programs” actually rose from 11 in October 2019 to 13 in November 2020.)As to whether it’s “extremely close,” scores of at least 540 are close enough for reappraisal to determine whether it merits pass or fail. [read post]
9 Mar 2009, 4:22 am
If FOTC is about substantive merits in the context of such a pre-enforcement challenge, it also must be about substantive merits when the First Amendment is raised as a defense to an enforcement action. [read post]
16 Mar 2009, 2:27 pm
"First, while explicitly bringing a challenge to adequacy of damages (OB, pp. 2-3), Appellants failed to first bring a motion for new trial as required (as discussed more fully below). [read post]
16 Aug 2007, 3:02 pm
The First Circuit, applying Massachusetts preclusion law, affirmed. [read post]
20 Oct 2016, 5:10 pm
” By dismissing “with prejudice,” the dismissal was an adjudication on the merits and the merits included “every remaining payment is due. [read post]
