Search for: "Wells v. State"
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3 Feb 2024, 9:52 am
Trump concedes, as he must (Br. at 24-25), that the President is an “officer” for purposes of the Constitution.[1] After all, the Constitution refers to the President’s “office” or to the “Office of the President” almost two dozen times.[2] He insists, however, that the qualifying phrase “of the United States” in Section 3 serves to exclude the President, as well as the Vice-President, Senators and… [read post]
20 May 2015, 6:00 am
Supreme Court denied the County's motion and confirmed the arbitrator’s decision against the County, sustaining the arbitrator's award of $27,049.20 against Nassau.The Appellate Division subsequently rejected the County’s appeal of the Supreme Court's ruling.The court said that an arbitration award violates public policy “only where a court can conclude, without engaging in any extended fact-finding or legal analysis, that a law prohibits the particular matters to be… [read post]
12 Jan 2023, 12:10 pm
Since American Electric Power, many cities and states have filed suits against fossil fuel companies under state tort law, given that federal common law is no longer available. [read post]
7 May 2014, 8:36 pm
The subject has been much on my mind in the last two or three days while reading and commenting on Town of Greece v. [read post]
30 Jun 2015, 8:37 am
” See generally State v. [read post]
28 Nov 2020, 5:46 am
Science, but God v. [read post]
20 Jun 2011, 9:28 am
Alameda Gateway, Ltd. v. [read post]
10 May 2024, 9:00 am
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
10 May 2024, 9:00 am
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
13 Jan 2011, 5:22 am
McIntyre Machinery v. [read post]
10 Jan 2024, 8:09 am
Ex Parte Young.Judge Nelson's opinion expressly concedes that "Wolfe v. [read post]
30 Oct 2013, 3:25 pm
United States v. [read post]
1 Jul 2024, 2:34 pm
Commonwealth of Pennsylvania concerned a state law, colloquially known as Act 13, in which the state legislature preempted local decision making regarding the siting of fracking wells. [read post]
26 Jun 2023, 12:00 am
On May 25, 2023, the United States Supreme Court decided Sackett v. [read post]
26 Jun 2023, 12:00 am
On May 25, 2023, the United States Supreme Court decided Sackett v. [read post]
25 May 2022, 8:55 am
Here is the abstract: The current debates over Roe v. [read post]
10 Feb 2017, 11:12 am
United States v. [read post]
10 Feb 2017, 11:12 am
United States v. [read post]
14 Aug 2012, 11:29 am
On Monday, Constitutional Accountability Center filed an amici curiae brief in the Supreme Court in Fisher v. [read post]
16 Jul 2021, 5:43 pm
Our second discussion considered Everson v. [read post]