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29 Oct 2020, 10:29 am by Eugene Volokh
According to the recall petition, the oath Councilmember White took would have said: I,, do solemnly swear that I will support the Constitution of the United States and the Constitution and Laws of the State of Washington, and the Charter and Ordinances of the City of Yakima. [read post]
6 May 2009, 11:00 pm
3.When the factual basis for a selective prosecution claim has become apparent, must the defendant raise his specific constitutional claim at that time in order to avoid waiver? [read post]
21 Oct 2019, 10:02 am by Richard Hunt
That brings us back to the nature of the city’s obligation under Title II of the ADA. [read post]
15 Aug 2012, 8:15 am by Steve Hall
A lawsuit currently pending in Cole County court contends the use of propofol violates the constitutional ban on cruel and unusual punishment. [read post]
25 Dec 2009, 10:35 am by Durga Rao Vanayam
How come a person who can not even write an adjournment petition could get a degree of law? [read post]
13 Jun 2011, 5:21 am by Timothy P. Flynn
  Hopefully, your state court appellate attorney had the wisdom to "federalize" your brief in the intermediate state appellate court because if not, all your constitutional issues are deemed waived.If the Habeas petition is denied in federal district court, as most are, there is a constitutional right to appeal even further, to the United States Circuit Court of Appeals.The United States Supreme Court is the end of the road. [read post]
30 Jun 2007, 1:50 pm
  No, this is a somewhat arcane matter of constitutional law that rarely gets litigated (just because it's so unusual to be implicated). [read post]
12 Feb 2024, 8:22 am by DONALD SCARINCI
” As noted in its petition for certiorari, the Ninth Circuit’s decision is at odds with other jurisdictions. [read post]
6 Aug 2013, 12:18 pm by Michelle Yeary
    Defendants argued that plaintiffs’ petition constituted a proposal for a joint trial. [read post]
15 Nov 2015, 2:21 pm by Jeff Gamso
Because Petitioner asks us to apply a novel constitutional rule, we may not assess the substantive validity of his claim.It's not enough for the law to be unconstitutional, the court said. [read post]
5 Jun 2014, 10:16 am by Donald Evans
But now, efforts on a couple of fronts are being made to graft some useful flesh onto the historically bony standards. [read post]
26 Jul 2019, 10:33 am by Erwin Chemerinsky
The Montana Supreme Court held that a state law that allowed tax credits to be used to benefit parochial schools violated the Montana Constitution. [read post]
23 Oct 2007, 11:40 am
  Justice Scalia's discussion of "as-applied Sixth Amendment challenges" in Rita provides further support for a constitutional attack on use of acquitted conduct as a sentencing enhancement. [read post]
7 Sep 2020, 2:24 pm by Alan S. Kaplinsky
The CFPB also asserts that should the Ninth Circuit set aside the CID, its ruling could “depending on the Court’s reasoning, be used to raise doubts about the validity of other actions the Bureau has taken over the past decade and that a fully accountable Director has now also ratified. [read post]
6 Feb 2024, 7:35 am by Marcia Coyle
And the justices also often use their questions as indirect dialogue with each other. [read post]
3 Jan 2015, 10:39 am by Kirk Jenkins
 Justice Burke asked whether that was why no fee petition had been filed before the Commission. [read post]