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19 Jul 2011, 3:54 am
Here’s what you need to know: The defense of selective prosecution must be raised in a pretrial motion, and the defendant bears a “heavy burden” of making a prima facie showing that (1) others similarly situated have not been prosecuted, while defendant has, and (2) selection of defendant for prosecution was based on impermissible considerations such as race, religion, or desire to prevent him from exercise of his contitutional rights. [read post]
12 Mar 2020, 9:39 pm
Immigration restrictions also imperil health in two more direct ways, both of which have special relevance to the coronavirus situation. [read post]
17 Nov 2009, 10:53 am
The case involves an undeveloped 1/2 acre beachfront parcel, one of 11 similarly-situated lots. [read post]
21 Sep 2018, 3:00 am
Many other communities along the coast and in southeastern North Carolina are in similarly challenging situations. [read post]
20 Sep 2010, 5:24 am
Criminal jurisprudence suggests that judges consider four general factors when imposing sentence: the need to deter the individual defendant from breaking the law again; the need to deter others situated similarly to the defendant; the need to rehabilitate the defendant for his eventual return to society; and, punishment.Certainly lawmakers have a role on weighing the severity of an offense, and nothing should prevent a legislature from specifying a mandatory minimum… [read post]
28 Mar 2008, 2:49 pm
From this information, it should be possible to align plaintiffs readily with the particular defendants against whom they may have a basis to seek recovery, categorize plaintiffs according to their types and severity of injuries, eliminate various defendants from various cases, identify the sequence in which cases should be tried, group those cases with others that appear to be similarly situated, organize and understand the insurance that might relate to… [read post]
23 Nov 2021, 1:18 pm
Generally, it involves situations where people of darker skin are treated less favorably than people of lighter skin. [read post]
3 Nov 2006, 10:53 pm
The topics were interesting, we enjoyed hearing from the other presenters, and the materials were great. [read post]
10 Nov 2016, 2:16 am
In such a situation, the public lending exception, which provides inter alia for the fair remuneration of authors, is applicable. [read post]
13 Dec 2013, 10:38 pm
Some permit modifications, others may not. [read post]
29 Nov 2021, 11:24 am
The initial argument advanced by petitioners in opposition to respondents' application of sections 500 and 517 of the Retirement and Social Security Law to themselves and others similarly situated so as to change a noncontributory system to a contributory one, is that such application violates section 7 of article V of the New York State Constitution, which states that membership in a State retirement system is a contractual relationship, "the benefits of which… [read post]
29 Nov 2021, 11:24 am
The initial argument advanced by petitioners in opposition to respondents' application of sections 500 and 517 of the Retirement and Social Security Law to themselves and others similarly situated so as to change a noncontributory system to a contributory one, is that such application violates section 7 of article V of the New York State Constitution, which states that membership in a State retirement system is a contractual relationship, "the benefits of which… [read post]
14 Apr 2016, 9:24 am
Similarly, laws, regulations, protocols or authorities that grant unfettered power to the government run afoul of the requirements of law. [read post]
26 Oct 2013, 5:38 pm
Similarly, in the case at bar, most jurors are familiar with the process of identifying and recognizing other people. [read post]
21 Apr 2023, 11:21 am
Today, when compared to similarly situated white borrowers, one study shows lenders are 40 percent more likely to turn down Latino applicants for loans, 50 percent more likely to deny Asian American Pacific Islander (AAPI) applicants, 70 percent more likely to deny Indigenous applicants, and 80 percent more likely to reject Black applicants. [read post]
6 Feb 2018, 10:00 am
Judge Milan interpreted the phrase by looking to its use in other contexts, relying principally on Holmes v. [read post]
26 Feb 2016, 10:48 am
That is to say, the drug worked—as it did with all other “similarly situated” members of the plaintiff’s proposed class. [read post]
2 May 2016, 11:28 am
Credit histories will be reported in the same way for each borrower so similarly-situated individuals are treated similarly, such as by having servicers use the same basic reporting framework that standardizes reporting of loan details and establishing clear requirements for servicers to follow when providing additional information about a borrower’s credit history. [read post]
21 Jan 2008, 4:15 am
Similarly, you do not want to create a policy where the exceptions have swallowed the rule. [read post]
10 Jul 2010, 5:16 pm
Everyone goes in the pot and the law determines how they are treated in an effort to treat all similarly situation creditors....well...similarly. 3. [read post]
