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18 Nov 2018, 11:00 pm by Public Employment Law Press
" Indeed, mandamus may only be used to compel a public officer to execute a legal duty; it may not "direct how [the officer] shall perform that duty," as was noted in People ex rel. [read post]
18 Nov 2018, 11:00 pm by Public Employment Law Press
" Indeed, mandamus may only be used to compel a public officer to execute a legal duty; it may not "direct how [the officer] shall perform that duty," as was noted in People ex rel. [read post]
17 Nov 2018, 10:29 am by David Kris
For those of us who take a wider view, however, what are those risks? [read post]
16 Nov 2018, 6:45 am by MOTP
Attached to Furmanite's motion was: (1) Lisa's original petition in this case; (2) the certified record from a probate action involving Jesse's estate; and (3) Lisa's deposition. [read post]
15 Nov 2018, 10:30 pm by Public Employment Law Press
As of January 5, 2018, Francis was being held by ICE at the Bergen County Jail in Hackensack, New Jersey, pending removal proceedings in Immigration Court.The Mootness ExceptionThe verified petition, dated December 11, 2017, requested the immediate release of Francis and a declaration that his detention was [read post]
13 Nov 2018, 9:16 am by Amy Howe
Because the legislature also had not shown that it needed to use the same population targets in each of the “vastly dissimilar” districts at issue to comply with federal voting rights laws, the lower court continued, the districts violate the Constitution. [read post]
13 Nov 2018, 4:01 am by Edith Roberts
At the Florida Court Review, John Cavaliere looks at the cert petitions in Reynolds v. [read post]
12 Nov 2018, 8:31 am by Andrew Appel
Here I’ll consider a particular aspect of that constitutional difference:  Auditability of elections. [read post]
10 Nov 2018, 3:01 pm by John Floyd
The Texas Legislature has yet to recognize this obvious constitutional defect in its Romeo and Juliet provisions. [read post]
9 Nov 2018, 7:16 pm by Sean Rohtla
The suit was originally brought in 2015 by 21 young Americans ranging from 11-22 years of age alleging that the US government has created a national energy system that causes climate change, effectively violating the youths’ constitutional right to life, liberty and property. [read post]
7 Nov 2018, 9:30 pm by Mitra Sharafi
Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. [read post]
6 Nov 2018, 12:02 pm by Lawrence B. Ebert
The declaration raises a newobviousness argument for this limitation that could havebeen made in the petition. [read post]
6 Nov 2018, 11:12 am by Eugene Volokh
Parents are advised to use their bestjudgment, keeping the child's maturity level and safety issues in mind. [read post]
5 Nov 2018, 6:22 am by Lawrence B. Ebert
We disagree.We vacate and remand for further proceedingsconsistent with this opinion.Of printed publicationWhether a reference constitutes a printed publicationunder 35 U.S.C. [read post]
5 Nov 2018, 5:17 am by Paul Cassell
At the same time, the Court recognized the obvious potential for abuse in using § 1983 as a procedural vehicle given that, among other things, such suits are not subject to the bar on successive habeas petitions—and warned that repetitive, dilatory, and strategic § 1983 suits should not be allowed to trump the interest of victims. [read post]
2 Nov 2018, 2:52 pm by Scott Bomboy
Scott Bomboy is the editor in chief of the National Constitution Center. [read post]