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11 Aug 2022, 11:10 am by Thomas Baer
 This title is updated through the 2022-1 Supplement, which provides new and revised material as well as recent and relevant United States Supreme Court cases that involve Section 1983. [read post]
15 Jun 2020, 11:23 am by Christopher Tyner
Defense counsel’s performance was deficient in the punishment phase of a capital murder trial because counsel failed to conduct an adequate investigation into the mitigation case as well as into the State’s aggravation case Andrus v. [read post]
18 Apr 2017, 6:52 am by Lawrence B. Ebert
Walker, an inventor made an improvement in a device that records the echoes of sound waves sent into an oil well in order to measure well depth. n120 The inventor limited the scope of his claim with reference to a "means ... for tuning [an echo-recording device] to the frequency of echoes ... to clearly distinguish the echoes ... from ... each other. [read post]
1 Nov 2012, 8:51 pm by Tim Banks @TM_Banks
“[R]estraints imposed on government to pry into the lives of the citizen go to the essence of a democratic state” (R. v. [read post]
31 May 2021, 7:51 pm by Peter Mahler
The New York Court of Appeals’ 2012 opinion in Pappas v Tzolis, decided in the wake and spirit of that court’s rulings the year before in the Centro Empresarial v America Movil and Arfa v Zamir cases, raised the bar for claims of fraud and breach of fiduciary duty brought by non-controlling shareholders and LLC members in connection with buyout transactions. [read post]
16 Mar 2015, 5:31 pm
Ripe for a well reasoned opinion setting precedent for the State. [read post]
8 Dec 2009, 8:08 pm
That's what today's oral argument in Weyhrauch v United States, No. 08-1196 sounded like to me and others as well. [read post]
16 Oct 2015, 4:30 am
  The AG’s hypothetical complaint would have been based on the state DTPA, so a four part test from Singh v. [read post]
26 Aug 2021, 12:54 pm
  And, as a backstop, it's a call to the Governor and Legislature to pick up the baton as well -- just in case the courts feel constrained by precedent and/or the United States Supreme Court. [read post]
4 May 2015, 11:20 am
 Does that mean that (1) the request should be denied, (2) that the judiciary can decide whether to deny the request, or (3) that only the State Department gets to decide whether to deny the request.The Ninth Circuit says it's (3).Which is exactly my view of the language as well. [read post]