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November 6 roundup
6 Nov 2019, 2:59 am by Walter Olson
” [Hank v. [read post]
Overlawyered - http://overlawyered.com/
Partition may the only remedy when siblings cannot agree on ownership and use of property.  Baucom v. Young, 2020 NY Slip Op 33826(U) (N.Y. Sup. Ct. 2020)
15 Mar 2021, 7:42 pm by Stephen Bilkis
In Baucom v. [read post]
New York Probate and Estate Administration Blog - http://www.newyorkprobateestateadministration.com/
(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
U.S. Justice Department Reverses Position on Gender Identity Discrimination Claims in New York and Nationwide
20 Dec 2017, 9:10 am by Phillips & Associates
Supreme Court’s ruling on a claim of discrimination by “sex stereotyping” in Price Waterhouse v. [read post]
New York Employment Attorney Blog - http://www.newyorkemploymentattorney-blog.com/
[Josh Blackman] Why did SCOTUS decline to consider the federal government's theory of standing in California v. Texas?
20 Jun 2021, 8:44 pm by Josh Blackman
Mineta, 534 U. [read post]
The Volokh Conspiracy - http://www.volokh.com/
National Petroleum Refiners v FTC: A Tale of Two Opinions
27 Apr 2022, 7:29 am by Corbin K. Barthold
If this question interests you, Robinson’s decision in National Petroleum Refiners v. [read post]
Truth on the Market - http://truthonthemarket.com/
New Prop. 64 "injury in fact" opinion: Meyer v. Sprint Spectrum L.P.
18 May 2007, 6:00 am
U-Haul Co. of California (2006) 143 Cal.App.4th 796, 802-803 [plaintiff alleged he was required to purchase excess fuel when returning rental truck]; Monarch Plumbing Co. v. [read post]
The UCL Practitioner - http://www.uclpractitioner.com/
NYS Appellate Division, Fourth Department, Holds That the Undefined Term "Reasonable Care" as Used in a Homeowners Policy's Freezing Exclusion, Is Ambiguous
21 Jun 2021, 8:46 pm
 "`[U]nder [these] circumstances, the ambiguity must be resolved against the insurer which drafted the contract'" (id.; see Cragg v Allstate Indem. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
NYS Appellate Division, Fourth Department, Holds That the Undefined Term "Reasonable Care" as Used in a Homeowners Policy's Freezing Exclusion, Is Ambiguous
21 Jun 2021, 8:46 pm
 "`[U]nder [these] circumstances, the ambiguity must be resolved against the insurer which drafted the contract'" (id.; see Cragg v Allstate Indem. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
U.S. Supreme Court Upholds Rights of Landowners to Challenge EPA Wetlands Determinations in Clean Water Act Compliance Orders
22 Mar 2012, 10:59 am by Chuck Maduell
A unanimous Supreme Court in Sackett v. [read post]
Real Property & Development Review - http://www.dwtrealestatelawnw.com/
U.S. Supreme Court Affirms Constitutionality of the Affordable Care Act (a Third Time)
23 Jun 2021, 6:44 am by Eric Athey
In Texas v. [read post]
Pennsylvania Labor and Employment Blog - http://www.palaborandemploymentblog.com/
Climate policy after Mass v. EPA
3 Apr 2007, 4:02 pm
The Supreme Court's 5-4 decision in Massachusetts v. [read post]
The University of Chicago Law School Faculty Blog - http://uchicagolaw.typepad.com/faculty/
High Court Lets UPS Worker Proceed With Pregnancy Bias Case
25 Mar 2015, 2:07 pm by Gail Cecchettini Whaley
At issue in Young v. [read post]
HR Watchdog - http://hrwatchdog.calchamber.com/
GA: "Buy-Bust" produced no buy, but undercover officer froze the scene and let others in, and that violated Fourth Amendment
11 Mar 2008, 4:47 am
Randolph, 547 U. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
U.S. Department of Justice Says Bostock Extends to Title IX
6 Apr 2021, 11:05 am by Joshua R. Goodbaum
Supreme Court held in its 2020 opinion in Bostock v. [read post]
Employee Rights Blog - https://garrisonlaw.com/blog/
(Re-)Argument preview: Is possession of a sawed-off shotgun a “violent felony”? The government is not going down without a fight
17 Apr 2015, 8:00 am by Rory Little
For Monday morning’s re-argument in Johnson v. [read post]
SCOTUSblog - http://www.scotusblog.com/
TX13: 14 year old visitor had no apparent authority and officer did not inquire
19 Jun 2010, 10:12 pm
See Matt McCaughey, And a Child Shall Lead Them: The Validity of Children’s Consent to Warrantless Searches of the Family Home, 34 U. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
THIS WAS HEATED HARASSMENT
7 Aug 2022, 6:00 pm
# # #:Lucas v Forlader, No. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
An Insider’s View of an Actual RMBS Securitization at Mandelman U.
2 Apr 2012, 6:15 am by Mandelman
It’s complexity we eschew, and everyone’s welcome at Mandelman U. [read post]
Mandelman Matters - http://mandelman.ml-implode.com
From Roe to Dobbs to Cox: SLS’s Pamela Karlan on the Growing Patchwork of Laws and Legislative Ploys in a Post-Roe U.S.
20 Dec 2023, 2:18 pm by Pamela S. Karlan, Q&A with Richard Thompson Ford
Jackson Women’s Health Organization, the 2022 case that overturned Roe v. [read post]
Legal Aggregate - https://law.stanford.edu/legal-aggregate/