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14 Oct 2009, 12:07 pm
Kinnaird asserted that (1) Strickland does not apply solely to trial consequences, as indicated in Hill's application of the case to parole eligibility; (2) Brady v. [read post]
1 Feb 2017, 5:43 am by Eugene Volokh
Here, Capps does not control my vote or require the perpetuation of this wrong, and here I believe it should be overruled…. [read post]
28 Mar 2023, 9:33 am by Eugene Volokh
The conclusion that Title IX does not apply to events that occur outside of the United States does not provide Defendant any relief. [read post]
23 Aug 2018, 10:37 pm
” Proof of infringement therefore required that (1) the defendant had ‘access’ to the plaintiff’s work and (2) that the two works are ‘substantially similar. [read post]
24 Aug 2018, 3:22 am by Ben
” Proof of infringement therefore required that (1) the defendant had ‘access’ to the plaintiff’s work and (2) that the two works are ‘substantially similar. [read post]
3 Jul 2017, 11:48 am by Jonathan J. Fox and Liskow & Lewis
” In its Reasons for Judgment, the Court explained: The petitions in these cases are vague and factually deficient in that the Parish does not differentiate in any way the factual allegations against the defendants individually. [read post]
21 Oct 2016, 12:38 pm by Neumann Law Group
As defendants, the suit lists the physician, USA Gymnastics, and various coaches and trainers. [read post]
16 Dec 2015, 2:40 am by Matrix Legal Information Team
That situation is similar to the collection of VAT, and the policy underlying the principle is in part that a defendant who makes good a liability to pay or restore should not be worse off than one who does not. [read post]
5 Apr 2019, 8:09 am by Aurora Barnes
Courts of Appeals for the 2nd, 5th and 7th Circuits—correctly held that a state may exercise specific personal jurisdiction over a defendant because the defendant knew its conduct would have in-state effects, when the defendant’s relevant conduct occurred elsewhere; and (3) whether the U.S. [read post]
4 Mar 2011, 10:19 am by Brandon W. Barnett
The CCA concludes: The Court of Appeals failed to separate [the encounter] into two distinct parts: (1) [The officer’s] initial approach of [the defendant], which was a consensual encounter; and (2) [The defendant’s] act of reaching for his waistband, which provided [the officer] with reasonable suspicion to detain and frisk [the defendant]. [read post]
11 May 2012, 10:16 pm by Paul Weiland
 Federal defendants advanced numerous arguments including the contention that the Administrative Procedure Act (APA) governs plaintiffs' failure to reinitiate claims even if it does not govern failure to consult claims in light of Washington Toxics Coalition v. [read post]
10 Mar 2014, 12:32 pm
” The court found that state law "does not apply to photographing (or videotaping or electronically surveilling) persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA." [read post]
25 Jul 2023, 7:39 am by Eugene Volokh
Servs., Inc., No. 17-CV-8220 (JPO), 2018 WL 2021588, at *2 (S.D.N.Y. [read post]
24 Oct 2006, 3:42 am
Being held at gunpoint, defendant was in custody for Miranda purposes. [read post]