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16 Dec 2024, 11:00 pm by Thaddeus Mason Pope, JD, PhD
In short, while people live longer, they live a greater number of years burdened by disease. [read post]
25 Aug 2014, 12:24 pm by Stephen Bilkis
In 1979, the United States Supreme Court in Addington v Texas held that constitutional due process required the government to prove two statutory preconditions by clear and convincing evidence before a court could commit an individual to a mental institution: (1) that the person sought to be committed is mentally ill; and (2) that such person requires hospitalization for his own welfare and protection of others. [read post]
22 Jan 2012, 5:12 pm by admin
The Sixth Circuit concluded that this burden-shifting framework should also be used in FMLA interference cases, as its prior decision in Grace v. [read post]
5 Aug 2016, 8:00 am by Riccardo Calzavara, Arden Chambers
The Court of Appeal was bound by the decisions in Zalewska v Department for Social Development [2008] UKHL 67; [2008] 1 WLR 2602 and Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310; [2009] PTSR 897. [read post]
14 Jun 2012, 8:01 am by Kelvin Lawrence
  The majority's opinion was careful to reiterate that administrative considerations cannot justify tax distinctions in all circumstances, and suggested a strong reliance on the text of the state statute at issue. [read post]
19 May 2009, 7:00 am
The statute requires states to justify any substantial burden on the religious exercise of inmates in federally funded correctional facilities as furthering  a compelling interest by the least restrictive means possible. [read post]
30 Apr 2008, 6:44 am
This week, the United States Supreme Court decided whether a state can require a voter to present a photo ID before casting a ballot (Crawford v. [read post]
21 Jun 2018, 7:34 am by Dennis Crouch
While states may not impose undue burdens on interstate commerce, the constitution does not prohibit taxation of activities having “substantial nexus with the taxing State” that are non-discriminatory, fairly apportioned, and related to services provided by the state. https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf   [read post]