Search for: "State v. Burden"
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12 Feb 2007, 4:52 am
The Court agreed, noting that the skimpy record below gave little reason to overturn the judge's decision below in denying the TRO, given the petitioner's burden to prove 1) the likelihood that the petitioner would succeed on the merits, 2) the 'balance of inconvenience' between granting or denying the TRO, 3) the petitioner would suffer irreparable injury, and 4) the public interest.The Court also rejected the petitioner's argument that Lamb v. [read post]
26 Oct 2015, 3:00 am
With this established, the district court remarked that the burden was on the defendant to show the home state exception. [read post]
2 Nov 2016, 6:10 am
Nguyen v. [read post]
21 Jan 2020, 7:21 am
State v. [read post]
4 Jul 2016, 9:01 pm
The 5-3 opinion in Whole Woman’s Health v. [read post]
25 Aug 2014, 12:24 pm
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]
16 Dec 2024, 11:00 pm
In short, while people live longer, they live a greater number of years burdened by disease. [read post]
16 Jan 2019, 11:45 am
A coalition of 14 state Attorneys General and the D.C. [read post]
22 Jan 2012, 5:12 pm
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]
4 Oct 2022, 7:10 am
In Hile v. [read post]
5 Aug 2016, 8:00 am
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]
25 Aug 2010, 7:01 am
In State v. [read post]
28 Jun 2019, 9:51 am
” See, e.g., Horne v. [read post]
14 Jun 2012, 8:01 am
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]
12 Feb 2022, 11:42 am
State Responses to APF v. [read post]
25 Jun 2015, 8:15 am
Marcelo v. [read post]
22 Aug 2006, 1:29 pm
As noted in prior posts assembled here, the Third Circuit in US v. [read post]
2 Nov 2017, 6:47 am
State v. [read post]
24 Jun 2018, 8:03 pm
South Dakota v. [read post]
