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13 Sep 2009, 2:11 am
We find the first two assignments of error merit discussion but no relief. [read post]
22 May 2007, 7:33 am
Rettele, the Supreme Court reversed the denial of qualified immunity by the Ninth Circuit to law enforcement officers sued for unreasonableness in the conduct of a search where they were looking for African-Americans in a house where everyone there was Caucasian.The Court concluded there was no constitutional violation.In a concurring opinion, Justice Stevens suggested three items of interest: (1) he bashed the Ninth Circuit for deciding the case in an unpublished opinion, and (2) he thought it was… [read post]
26 Nov 2007, 4:42 am
A computer glitch is law office failure.The First Department vacated the default of defendant-law office, in Lancer Insurance v. [read post]
28 Jan 2007, 12:44 pm
That sounds like a long, miserable experience, and judicial economy doesn't seem to be served here without a decision on the merits when it first appeared before the court. [read post]
28 Mar 2013, 5:30 am by David S. Cohen
  First, I edited them to use in my 1L conlaw course, so excerpts were chosen with that audience in mind. [read post]
24 Apr 2019, 10:01 am by Eugene Volokh
Perhaps the legislature took the view that false and defamatory statements don't merit criminal punishment; as I noted above, that seemed to be the view endorsed by the California Legislature (at least as to spoken words) and by the drafters of the Model Penal Code. [read post]
5 Aug 2018, 2:35 pm by Giles Peaker
At first instance, this application was dismissed, but a circuit judge allowed it on appeal. [read post]
31 Jul 2008, 7:51 pm
  Some of the other claims of prosecutorial misconduct don't have merit (i.e. saying that they are "fortunate" to have a gang member testify). [read post]
22 Jan 2007, 9:53 am
RE/MAX FIRST CHOICE, LLC, et al., Defendants. [read post]
15 Jan 2020, 5:47 pm by Eugene Volokh
The plaintiffs are likely to succeed on the merits for several reasons. [read post]
29 Jul 2011, 8:20 am by Don Cruse
They are always advisory in the sense that the Texas court cannot resolve the underlying merits of a federal lawsuit. [read post]
31 Jul 2024, 9:05 pm by Michael Z. Green
As I have recently explained elsewhere, this test may operate as follows: First, the courts ask whether the unfair labor practice case is likely to succeed on the merits in establishing that labor violations occurred. [read post]
8 Jun 2007, 12:01 pm
In the first installment, I would like to draw your attention to several items of interest: In Northwestern Law Review's Colloquy, the online companion to the journal, Amy Wildermuth and Kathryn Watts have written the first part of a two-part installment on the impact of the Supreme Court's decision in Massachusetts v. [read post]
23 May 2022, 4:45 pm by Lawrence Solum
The program’s success depends on the SEC’s ability to efficiently and reliably sift through this flood of tips and determine which ones merit further investigation. [read post]
3 Feb 2015, 5:47 pm
Prior to a first action on the merits the examiner required an election of species between Fig. 1, Fig. 4, and Fig. 9. [read post]
6 Oct 2017, 4:18 am by Andrew Delaney
The City first argues that the SCOV need not decide the merits because VCFA did not exhaust its administrative remedies. [read post]
10 May 2012, 10:29 am by psaljoughian
 The Court decided that a Facebook “Like” is insufficient speech to merit constitutional protection. [read post]