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10 Dec 2015, 2:00 am by Anthony B. Cavender
July 21 2015) — DC Circuit denied Gunpowder Riverkeeper’s petition seeking a review of FERC’s issuance of a conditional certificate for public convenience and necessity granted to Columbia Gas Transmission to extend a natural gas pipeline in Maryland pursuant to FERC’s authority under the Natural Gas Act (NGA). [read post]
8 Dec 2015, 11:35 am by John Jascob
Solicitor General Ted Olson, proposed that administrative law judges (ALJs) be granted the flexibility to depart from the default timelines. [read post]
3 Dec 2015, 9:01 pm by Vikram David Amar
(It is easy to infer too much about the Justices’ attitudes about the merits of a case on which they chose to grant certiorari as well, but at least in that setting the Court ordinarily has great latitude as to whether to accept review, so that, in many instances at least, some inferences about merits views are defensible.) [read post]
5 Nov 2015, 9:01 pm by Vikram David Amar and Michael Schaps
The Supreme Court granted certiorari, which suggests that at least four justices think the meaning of concreteness as an independent requirement of standing needs some clarification. [read post]
5 Nov 2015, 7:39 am by Patricia Salkin
On April 23, 2001, the City Council of Rainsville, Alabama amended its zoning ordinance to change chicken farming in the agricultural zone from a permitted use to a prohibited use subject to a Special Exception procedure, which, if Special Exception status is granted to applicants, allows the chicken farm to exist with certain limitations and safeguards. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
Abortion Rights and the Meaning of Undue Burden Although there is no abortion case yet on the Court’s docket (and it has been a while since the Court has taken up a major abortion case), there is a high likelihood that the Court will grant review in Whole Woman’s Health Center v. [read post]
29 Sep 2015, 11:24 am by jason
Due to federal and state grant funding constraints, the City cannot revise the design’s flaws, including the excessive number of lanes, high speeds, challenging in [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
Instead, the cost may be greater than the benefit if preliminary injunctions are granted routinely. [read post]
10 Sep 2015, 9:01 pm by Vikram David Amar
That may be especially so in a case (like this one) where there was a pretty clear conflict in the lower courts (in this instance between the California and federal courts of appeal) over the meaning of a past Supreme Court ruling; when there is a lower court split, the Court’s grant of review is warranted even if the lower court from which review was sought was correct on the merits, so we thus should not infer (as we sometimes do when there is no lower court split) from the… [read post]
9 Sep 2015, 1:10 pm by Stephanie Harmon
Moore and passenger, 30-year-old Terenio Gibson, were taken to the hospital. [read post]
22 Aug 2015, 2:00 am by Anthony B. Cavender
Gibson, et. al., decided on August 19, 2015; a pro se prisoner civil rights dispute that was dismissed by the district court.Continue reading → [read post]
28 Jul 2015, 6:00 am by Duets Guest Blogger
Gibson, 355 U.S. 41 (1957), wherein the Court held that a complaint need only state a “conceivable” set of facts to support its legal claims. [read post]
16 Jul 2015, 11:36 pm by INFORRM
Security for costs Schwartz Publishing has been granted $500,000 security for costs in a defamation action. [read post]
1 Jul 2015, 9:32 am by Hannah Kiddoo
“We are incredibly proud of our Veterans Legal Initiative,” HBA President Laura Gibson said in a press release. [read post]
3 Jun 2015, 9:01 pm by Vikram David Amar
When the Supreme Court granted review, most commentators expected it to weigh in on and resolve this divergence in the lower courts over what the First Amendment requires. [read post]