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22 Mar 2023, 12:15 pm
The US Department of Justice (DOJ) Tuesday filed a petition with the Supreme Court seeking a reversal of the US Court of Appeals for the Fifth Circuit’s decision in United States v. [read post]
27 Jun 2012, 5:00 am
Changing the method of testing employees for the use of illegal drugs constitutes a “procedure” that is a mandatory subject of collective bargaining City of New York v Patrolmen's Benevolent Assn. of the City of New York, Inc., 56 AD3d 70 On August 1, 2005, NYPD unilaterally discontinued using urinalysis as its preferred method of random drug screening of its police personnel in favor or using a type of hair follicle testing known as… [read post]
8 Mar 2015, 10:51 am
In Aycock, the Federal Circuit held (at 1360) that ”an applicant's preparations to use a mark in commerce are insufficient to constitute use in commerce. [read post]
15 Nov 2007, 9:05 am
Hart Issue: Whether a Texas prison regulation requiring the presence of a Rabbi or prison-approved outside volunteer to lead Sabbath services constitutes a “substantial burden” under the Religious Land Use and Institutionalized Persons Act. [read post]
14 Feb 2014, 12:00 pm
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. [read post]
13 Jun 2011, 11:21 pm
(Orin Kerr) A petition for rehearing was recently filed in United States v. [read post]
4 Nov 2014, 1:30 pm
Wainwright and his constitutional right to be provided with the “basic tools” for an adequate defense, contrary to Ake v. [read post]
24 Feb 2014, 7:36 pm
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. [read post]
7 May 2008, 7:11 am
City of Long Branch, New Jersey Issue: Whether, under the First Amendment or the Religious Land Use and Institutionalized Persons Act, municipalities may exclude religious groups from particular zones while allowing some secular groups. [read post]
10 Nov 2010, 4:18 am
The Competitive Enterprise Institute, in a cert petition with POL favorite Michael McConnell on the brief, challenges a Fifth Circuit decision upholding the multi-hundred-billion dollar tobacco settlement negotiated by state attorneys general—effectively a tax and a state-mandated cartelization without any legislative approval, even aside from the giveaway of billions of dollars to trial lawyers who used a questionable legal theory. [read post]
24 Apr 2011, 4:46 pm
NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12. [read post]
9 Nov 2007, 8:00 am
Brown Issue: Whether the National Labor Relations Act preempts a California law barring private employers from using state grant or program funds to influence union organizing campaigns. [read post]
6 Nov 2022, 7:56 pm
Noonan -- Constituting something of a surprise, the Supreme Court on Friday, November 3rd granted Amgen's petition for certiorari on the second of the Questions Presented in its petition: 2. [read post]
30 Nov 2016, 12:50 pm
Ohio 16-5580 Issues: (1) Whether the first attempt to execute the petitioner was cruel and unusual under the Eighth and 14th Amendments to the United States Constitution and if so, whether the appropriate remedy is to bar any further execution attempt on the petitioner; (2) whether a second attempt to execute the petitioner will be a cruel and unusual punishment and a denial of due process in violation of the Eighth and 14th Amendments to the United States Constitution; and… [read post]
22 Feb 2022, 10:14 am
The post TTAB rules reckless disregard for the truth constitutes fraud appeared first on The Brand Protection Blog. [read post]
22 Feb 2022, 10:14 am
The post TTAB rules reckless disregard for the truth constitutes fraud appeared first on The Brand Protection Blog. [read post]
24 Apr 2018, 1:47 pm
The question before the justices is whether the adjudication of those petitions by an administrative body (the Patent Trial and Appeal Board) is an exercise of the “judicial power” that under Article III of the Constitution can be exercised only by the federal courts. [read post]
10 Nov 2015, 8:00 pm
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. [read post]
19 Apr 2020, 7:56 am
” Further, the petition says, “we have a constitutional right to practice religion that should not be impeded through overly restrictive executive orders. [read post]
17 May 2012, 9:26 pm
Interestingly, the citizen petition incorporates arguments raised by Constitutional law scholar Richard A. [read post]
