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20 Jan 2015, 4:07 am by Amy Howe
” The Supreme People’s Court Monitor reports that the Chief Justice’s year-end report has found a new audience – in China. [read post]
28 Dec 2014, 1:34 pm by Brian Shiffrin
 Remember that if you are in a situation in which federal law is bad, argue that New York State's constitution is more protective of rights and make a state constitutional argument.The good news is that, as pointed out by Jamie Hobbs of the Monroe County Public Defender's Office, the current New York state case law is the opposite from the decision reached by the Supreme Court. [read post]
27 Dec 2014, 2:19 am by Ben
Randy Smith accusing the panel's majority of writing new law saying "We have never held that an actress' performance could be copyrightable". [read post]
18 Nov 2014, 1:28 pm
First, the government might argue that some people find handgun advertising offensive, and do not wish to see it in public places. [read post]
9 Nov 2014, 5:05 am by Dean Freeman
Additional Resources: Lawsuits Rattle Nursing Home Chains, Oct. 3, 2014, By Jennifer Smith, The Wall Street Journal Chain to Pay $38 Million of Claims of Poor Care, Oct. 10, 2014, By Katie Thomas, New York Times More Blog Entries: Carl v. [read post]
7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption… [read post]
1 Oct 2014, 1:01 pm by Taryn Rucinski
 USGS Professional Paper: 1798-L Post-Hurricane Sandy coastal oblique aerial photographs collected from Cape Lookout, North Carolina, to Montauk, New York, November 4-6, 2012 2014, Morgan, Karen L. [read post]
26 Sep 2014, 1:27 pm by Stephen Bilkis
With respect to the specific Article 10 provision at issue in this proceeding, Section 10.07(c), in 2010, in State of New York v. [read post]
28 Aug 2014, 4:16 pm by Stephen Bilkis
Indeed, Florida courts, as in Montgomery v State, State v Mason and Smith v State, have held that a nolo contendere plea with adjudication withheld is generally considered a conviction for purposes of determining a defendant's sentence for subsequent convictions. [read post]
29 Jul 2014, 4:35 pm by Hanni Fakhoury
Our amicus brief also explains that the 35-year-old Supreme Court decision in Smith v. [read post]
30 Jun 2014, 3:11 am by Amy Howe
” Briefly: In an op-ed for The New York Times, Neal Katyal discusses the Court’s recent unanimous opinions, arguing that such unanimity “is important because it signals that the justices can rise above their differences and interpret the law without partisanship. [read post]