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23 Jun 2024, 8:38 pm by Josh Blackman
We need not decide whether such a category exists, because Muñoz cannot clear the second step of Glucksberg's test: demonstrating that the right to bring a noncitizen spouse to the United States is "'deeply rooted in this Nation's history and tradition.'" 521 U. [read post]
5 Aug 2009, 4:00 am
Matter of Verizon NY, Inc. v Mills, 2007 NY Slip Op 52616(U), Decided on August 10, 2007, Supreme Court, Westchester County, Judge Robert M. [read post]
30 Jan 2017, 3:45 pm by Micah Belden
Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law. [read post]
1 Mar 2017, 3:45 pm by Micah Belden
Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law. [read post]
30 Jan 2017, 3:45 pm by Micah Belden
Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law. [read post]
20 Oct 2008, 11:10 am
"The test of whether a decision is arbitrary or capricious is "determined largely by whether a particular action should have been taken or is justified . . . and whether the administrative action is without foundation in fact.'" (See Matter of Pell v Board of Educ., 34 NY2d 222].Other points made by Justice Feinman:1. [read post]
10 Mar 2021, 9:23 am by Badrinath Srinivasan
There might be an "anomaly" in treatment of S. 8 petitions and S. 11 petitions insofar as appeal is concerned but that does not mean that an amendment has to be carried out. [read post]
29 Dec 2014, 2:58 pm by Lyle Denniston
  Other test cases are on hold in the U.S. [read post]
19 Jul 2012, 4:06 am by Andrew Lavoott Bluestone
  Brach v Levine    2012 NY Slip Op 51312(U)   Decided on July 16, 2012   Supreme Court, Kings County   Battaglia, J. is an example. [read post]