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28 Aug 2018, 2:45 pm by Frank Heft
United States, 136 S.Ct. 2272 (2016) in which the Supreme Court “found recklessness sufficient to constitute a crime that has, as an element, the use or attempted use of physical force. [read post]
28 Aug 2018, 10:04 am by Alysha Stein-Manes
John filed his writ petition under California Code of Civil Procedure Section 1094.5(b), arguing that the trial court should set aside the sanctions because it did not provide him with a “fair trial. [read post]
27 Aug 2018, 12:27 pm by Jesse Tyner Moore
As noted in the petition for certiorari, Lusnak seemingly contradicts a long line of cases exempting national banks from compliance with state consumer finance laws, such as: laws prohibiting banks from using the word “saving” in ads, Franklin National Bank of Franklin Square v. [read post]
24 Aug 2018, 8:51 am
Supreme Court describing the three-tiered approach SCOTUS uses, as explained in The Law of Judicial Precedent (2016):The treatise states: "The U.S. [read post]
24 Aug 2018, 6:47 am by Wendy R. Stein
As alleged infringers are increasingly filing petitions for inter partes review of patents asserted against them, the case illustrates how to use statements made by a patentee to oppose inter partes review against them in a related district court patent litigation. [read post]
22 Aug 2018, 3:33 pm by Emma Zack
A petition before the United States Supreme Court is also pending regarding the racial bias evidenced in the death penalty’s application. [read post]
22 Aug 2018, 1:21 pm by Barbara S. Mishkin
The CFPB, in a decision and order signed by Acting Director Mulvaney, has denied the petition filed by Firstsource Advantage, LLC (Firstsource) to modify or set aside a civil investigative demand (CID) (Petition) that was issued under the leadership of former Director Cordray. [read post]
22 Aug 2018, 3:56 am by Edith Roberts
We rely on our readers to send us links for our round-up. [read post]
21 Aug 2018, 12:24 pm by Phil Dixon
For several years now, it has been an open question in North Carolina whether a justification defense to possession of firearm by felon is available. [read post]
21 Aug 2018, 5:56 am by Eugene Volokh
The injunction: Second, PSSI petitioned the Garfield County trial court for a temporary restraining order that would temporarily bar Acosta from "[d]isclosing or using, directly or indirectly, any of the illegally obtained confidential and/or propriety information obtained from PSSI and/or AdvancePierre to any person and/or entity. [read post]
20 Aug 2018, 11:14 am by Arthur F. Coon
The Trial Court Litigation The trial court granted Protect Niles’ writ petition, finding substantial evidence supported a “fair argument” of significant aesthetic and traffic impacts. [read post]
20 Aug 2018, 5:00 am by Sarah Grant
They claimed that the President’s directives violate the fundamental guarantees of due process afforded by the Fifth Amendment to the United States Constitution. [read post]
18 Aug 2018, 9:57 am by Steve Kalar
How to Use: Judge Gould articulates a new Ninth rule for the “relies on” test, in the context of SOS petitions. [read post]
18 Aug 2018, 8:59 am by Eric Goldman
Adam Candeub, one of Taylor’s lawyers: We certainly regret that the Court of Appeals did not give us the opportunity to respond to Twitter’s petition—and the amicus brief from Google, Snap, Yelp et al. [read post]
17 Aug 2018, 11:26 am by Eugene Volokh
Later that year, a group of Muslimextremists, using a megaphone, succeeded in disbanding a religious prayer meeting hosted by the petitioner at his home in Jakarta. [read post]
16 Aug 2018, 9:06 am by Charlotte Garden
Charlotte Garden is an associate professor at Seattle University School of Law. [read post]