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23 Feb 2007, 2:27 pm
Yesterday the Court of Appeals of Texas in Fort Worth rejected a constitutional challenge to the state's obscenity law in the case of Ex Parte Valeria Joyce Dave, 2007 Westlaw 530143 (Feb. 22, 2007). [read post]
18 Aug 2014, 9:59 am by Steve Vladeck
In Ex parte Quirin, the Supreme Court held that Article III does not apply to “offenses committed by enemy belligerents against the law of war,” which is why the war crimes trials after World War II–and the 9/11 trial at Guantánamo–haven’t raised Article III questions. [read post]
26 Apr 2020, 12:59 pm
This performance benefit is in part due to the physical proximity of the GGC servers to the ISP’s users. [read post]
22 Jun 2006, 3:54 pm
Usually the court will grant the request which is done by an Ex-Parte Order. [read post]
Here the promise made did not partake of a substantive benefit to a limited class of individuals (as, for instance, in Ex p Coughlan); it was a policy statement about procedure, made not just to Mrs Finucane but to the world at large. [read post]
8 Mar 2022, 6:07 am by Neil Wilkof
The Responsum Committee will also be able to comment ex parte on whether a creation of the right holder could potentially, be in violation of copyright law. [read post]
18 May 2015, 7:40 am
Ex ante, however—before we considered and deliberated upon the second QP but after petitioners’ principal brief made clear that they would not address the Circuit conflict presented by the first QP—we had no more assurance that this question was decided incorrectly than we do for the thousands of other uncertworthy questions we refuse to hear each Term. [read post]
18 Mar 2014, 6:49 am by Gritsforbreakfast
The court's ruling in Ex Parte Robbins made clear the CCA would allow convictions based on junk science to stand if the Legislature didn't change the law. [read post]
13 Jul 2019, 2:50 pm by Guest Blogger
"  Even before the amendment went into effect in January, DeSantis made it clear that the Republicans would try to undermine it with a so-called "implementing" law that would exclude some ex-felons entirely by broadly defining “murder” and “felony sex offense”, but mostly by imposing heavy financial burdens on the rest.Supporters of the Amendment argued that there was no need for legislation since the amendment is clear. [read post]
25 Feb 2020, 5:45 am by Julie Blackmon
Unlike the temporary ex parte protective order, the applicant for a final protective order doesn’t need to show a clear and present danger of family violence. [read post]
21 Dec 2013, 4:03 am by David Fraser
This is noted by Justice Mosley:[82] The duty of full and frank disclosure in an ex parte proceeding was discussed by the Supreme Court of Canada in Ruby v Canada (Solicitor General) 2002 SCC 75, [2002] 4 S.C.R. 3 at para 27: In all cases where a party is before the court on an ex parte basis, the party is under a duty of utmost good faith in the representations it makes to the court. [read post]
17 Oct 2015, 11:28 am by Rebecca Tushnet
  It’s misleading, that produces a remedy, but it’s not clear whether the remedy is ban or disclosure. [read post]
14 Mar 2011, 12:05 pm by Nolan and Auerbach
In one clear example, involving a healthcare fraud case, the Seventh Circuit seemed to rule in United States ex rel. [read post]
2 Apr 2015, 8:15 am
 Claimant said that other solutions would not have been possible for them because of the serious risk to their business model from the price erosion that they foresaw, so that urgent and ex parte measures were required originally. [read post]
31 Jan 2012, 9:00 am by Gretchen Harders
  PPACA authorizes the Secretary to issue ex parte cease and desist orders when it appears that the conduct of a MEWA is:  (a) fraudulent; (b) creates an immediate danger to the public safety or welfare; or (c) is causing or is expected to cause significant, imminent and irreparable public injury. [read post]
14 May 2013, 2:01 pm by Wells Bennett
Circuit to disregard Al-Bahlul’s earlier missive—and even offered to provide additional information, on an ex parte basis, regarding their client’s current intentions. [read post]