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25 Aug 2011, 10:51 am by WOLFGANG DEMINO
  See Miranda, 133 S.W.3d at 227–28 (“[W]hen the facts underlying the merits and subject matter jurisdiction are intertwined, [the plaintiff must] show that there is a disputed material fact regarding the jurisdictional issue. [read post]
14 Dec 2009, 5:57 am
He does not expect that other passengers or bus employees will, as a matter of course, feel the bag in an exploratory manner. [read post]
5 May 2020, 6:51 pm by Russell Knight
“[A] party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action… including the existence, description, nature, custody, condition, and location of any documents or tangible things, and the identity and location of persons having knowledge of relevant facts” Ill. [read post]
21 Mar 2024, 10:35 am by Edward T. Kang
This involves identifying whether the statement is made by a “person” (more on this definition below), whether it was made outside the current proceeding, and whether it is being offered to prove the truth of the matter asserted. [read post]
18 Jun 2013, 7:00 am by Katherine Gallo
  A party is entitled to disclosure in discovery as “a matter of right unless statutory or public policy considerations clearly prohibit it. [read post]
10 May 2010, 5:10 am by David Friedman
If we adopt a Darwinian perspective on the forces that shaped human motivation, this is as we would expect, because similarly-situated others are the rivals that really matter in the struggle for survival. [read post]
21 Dec 2015, 10:35 am by Andrew Hamm
Cooperation with slave owners no longer mattered. [read post]
27 Aug 2010, 1:49 am by familoo
Of course cases like these of perceived or real injustice and heartbreak are many, and it is the collective pressure applied by individual parents and campaign groups, as well as the advice of professionals from within the system that have brought about some change in this area and have made the question of transparent justice a matter of serious public debate. [read post]
30 Jun 2007, 10:49 am
Context matters when reviewing race-based governmental action under the Equal Protection Clause. [read post]
22 Oct 2009, 4:12 pm
In my judgment the court can and should take into account all matters which are material in the particular circumstances of the case. [read post]
1 May 2021, 5:53 am by Russell Knight
The petition must be supported by affidavit or other appropriate showing as to matters not of record. [read post]
23 Feb 2011, 6:07 am by Bexis
"  Concurring op. at 5.Finally, as a purely atmospheric matter, it is refreshing to see the court softening the anti-preemption tone that former Justice Stevens set in Levine. [read post]
20 Apr 2010, 9:13 pm
 The Stevens dissent was less emotional than that of the Chief Justice but still wholly unsatisfying as a matter of logic. [read post]
20 Jun 2016, 9:01 pm by Joanna L. Grossman
But these stories matter—and not just as some historical curiosity. [read post]
30 Sep 2015, 4:12 pm by admin
  With both parties winning some and losing some of their arguments at the Rule 12(b)(6) stage, the matter settled. [read post]