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25 Sep 2018, 9:05 pm by Dan Flynn
In the Supreme Court petition, Ledford says the government’s data dump tactic prevented him from finding key exculpatory documents for timely use at trial. [read post]
One can hope that the court’s statement in this petition will resonate when it w [read post]
24 Sep 2018, 8:41 am by Dennis Crouch
§ 6(b)(1) is a substantive APA challenge since it argues that agency rule/practice violates a statute or constitutional duty. [read post]
24 Sep 2018, 6:00 am
This is the case even when a creditor has taken household goods as security for a loan, as long as that loan was not used to purchase those goods. [read post]
24 Sep 2018, 5:02 am by Scott Bomboy
Scott Bomboy is the editor in chief of the National Constitution Center. [read post]
22 Sep 2018, 6:41 am by Welcome
If a witness fails to appear, a party may seek enforcement of the subpoena by filing a petition for enforcement in court. [read post]
20 Sep 2018, 6:10 pm by Leslie Sammis
Let us help you decide what you should do next.Call 813-250-0500 today.Filing a Petition for Writ of Habeas Corpus in Extradition CasesIf strict procedural rules are not followed or if you are improperly denied the extradition bond, then your criminal defense attorney can help you file a petition for a writ of habeas corpus to a higher court. [read post]
20 Sep 2018, 11:50 am by Lindsay Offutt
In August public-sector union employees in Missouri filed a lawsuit [text, PDF] challenging Missouri’s “paycheck protection” law [text, PDF], arguing it violates [JURIST report] the state’s constitutional protections to free speech, association and petition, as well as equal protection, protection against impairment of contracts, and the right to organize and bargain collectively. [read post]
20 Sep 2018, 4:05 am by Howard Friedman
Whether using generally available historic preservation funds to repair or restore a house of worship constitutes a “religious use” that falls outside the scope of Trinity Lutheran [v. [read post]
19 Sep 2018, 12:40 pm by Arthur F. Coon
”  While noting FRH would have CEQA recourse in the event of future violations of conditions, on the ground that such would constitute project modifications with new significant impacts not considered in the negative declaration (citing Guidelines, § 15162(a)(1)), the Court stated:  “As it stands now, the development is required to comply with the land use provisions and there is no evidence it has violated or will violate them. [read post]
19 Sep 2018, 7:00 am by Kelly Buchanan
The original petition is now on display at the National Library of New Zealand, along with other important constitutional documents. [read post]
18 Sep 2018, 5:54 am by Justin Driver
Justice Abe Fortas's majority opinion used a turn of phrase that not only became a staple of judicial opinions but even entered the larger national culture: "It can hardly be argued that … students … shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. [read post]
17 Sep 2018, 7:11 pm
For this post I include an excellent short essay, "48 Hour Rule: Right to Privilege; The Judiciary Should Let Us Know! [read post]
17 Sep 2018, 5:40 am by Joel R. Brandes
  The record developed on the merits of the wrongful removal petition was replete with evidence contradicting Marcoski’s good faith argument, and the district court’s factual determinations on the merits were affirmed on appeal and  constituted the law of the case. [read post]
17 Sep 2018, 5:30 am by Joel R. Brandes
The Petitioner filed the petition on August 25, 2017, which is within one year of the Child’s removal from El Salvador. [read post]
17 Sep 2018, 3:24 am
" Nonuse for 3 consecutive years constitutes a prima facie case of abandonment. [read post]
16 Sep 2018, 6:03 am by Joel R. Brandes
  The record developed on the merits of the wrongful removal petition was replete with evidence contradicting Marcoski’s good faith argument, and the district court’s factual determinations on the merits were affirmed on appeal and  constituted the law of the case. [read post]