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8 Oct 2023, 6:45 am by Giles Peaker
While making payments accepted as use and occupation charges does not in itself create a new tenancy, a notice of rent increase may do so where the tenant can show that this was the intention of both landlord and tenant – Vaughan Armatradung v. [read post]
7 Oct 2023, 11:58 pm by Frank Cranmer
So a yes and a no – but this was a preliminary hearing, and it remains to see what will happen at the second part of the hearing. [read post]
7 Oct 2023, 6:21 am by Kalvis Golde
Wayfair involved South Dakota’s effort to do so by taxing e-commerce sales. [read post]
6 Oct 2023, 2:19 pm by John Ross
In 2020, Idaho passed a law to prohibit most abortions in the state in the event the Supreme Court ever overturned Roe v. [read post]
6 Oct 2023, 11:54 am by David Kopel
[Amicus brief in Supreme Court's Second Amendment Rahimi case] This week amicus briefs were filed in United States v. [read post]
6 Oct 2023, 11:53 am
The AUSAs are so much better funded, the prosecutors are so vigorous, the sentences are so long, and (critically) in federal court you've got to actually serve at least 85% of your sentence whereas in state court you generally only serve half (with good behavior).It almost seems like piling on; just adding to the indignities and practical harms that arise from relegating Native Americans to isolated reservations.Now, again, in these particular cases, I get… [read post]
6 Oct 2023, 9:41 am by Eugene Volokh
Oral argument before the Second Circuit is not yet scheduled but will likely occur sometime in early 2024.The post Amicus Briefs in <i>Volokh v. [read post]
6 Oct 2023, 4:30 am by Eric Segall
Children learn early on in their education that the United States Government is one of separated powers. [read post]
5 Oct 2023, 10:30 pm
The court additionally stated that failing to make a good faith attempt at service need not go so far as to constitute bad faith in order to run afoul of the statute of limitations. [read post]
5 Oct 2023, 2:38 pm by John Elwood
The 2nd Circuit rejected both claims, arguing that landords voluntarily enter into rental agreements with tenants and so cannot complain, and held that the regulations did not so reduce the value of properties as to constitute a regulatory taking. [read post]