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19 Jun 2019, 12:35 pm by Steven Boutwell
Mission’s claim would be pre-petition because upon rejection, the breach is deemed to occur immediately before the Petition for Relief was filed.[3] But, Tempnology contended one more consequence flowed from its rejection – Mission’s rights to use its trademark terminated. [read post]
11 Feb 2008, 7:53 am
US Bureau of Prisons, No. 06-3819 "In a suit against the United States Bureau of Prisons and certain prison officials at a federal correctional facility alleging they violated his right to practice his religion by failing to provide him with appropriate meals in compliance with his beliefs as a Muslim, summary judgment for defendants is affirmed as plaintiff failed to establish any constitutional or statutory violations. [read post]
14 Apr 2014, 8:53 am
“And don’t sell religion short by using it as an excuse for discrimination. [read post]
13 Jul 2010, 2:30 pm by Sheldon Toplitt
ACLU, 521 U.S. 844 (1997)), said the FCC's current policy fails constitutional scrutiny, but left open the possibility that the agency conceivably could enact indecency rules that might pass constitutional muster.The 2d Circuit offered an example of the vagueness of the FCC indecency rules, pointing out that the FCC found the use of the word bullshit in an episode of the now-defunct  cop show NYPD Blue patently offensive, but had no problem with the use… [read post]
19 Sep 2010, 7:40 pm by cdw
In the scrum that is capital litigation, for the next edition we’ve spotted: US Joshua Wayne Andrews v. [read post]
11 May 2014, 6:37 pm
The subject matter jurisdiction of the Surrogate's Court was expanded by the New York Constitution almost 50 years ago, and this expansion was codified five years later by Article 2 of the SCPA. [read post]
13 Jun 2024, 12:55 pm by John Elwood
In their petitions, both Porat and Kousisis renew their claims. [read post]
8 Mar 2011, 9:17 am by Eugene Volokh
Both appellants and counsel for Valerie pose the constitutional question in terms of the right of procreative choice. [read post]
3 Dec 2017, 9:02 pm by Robert Chesney
  A citizen in incommunicado detention cannot initiate a habeas petition on their own. [read post]
19 Oct 2009, 4:33 pm
Second, it misunderstood the concept of inverse condemnation, using it not as a remedy for property owners but as a sword by which the government can circumvent the Constitution and the Eminent Domain Act and usurp property without paying. [read post]
13 Nov 2020, 6:45 am by James Romoser
Collins) Respect Jurors (Francis Miles, American Constitution Society) Religious Liberty Should Prevail (Richard Epstein, Ricochet) Pack the Court: A Dose of Therapeutics for the Current Malaise (Martin London, New York Law Journal) Why Walmart should sell booze in Texas (Dallas Morning News editorial on pending cert petition in Wal-Mart Stores Inc. v. [read post]
21 Mar 2018, 6:02 am by Joel R. Brandes
” JSN shared a similar sentiment when he stated “if he wants to see us so bad, then why wouldn’t he let us stay here. [read post]