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21 Jan 2011, 8:03 pm by Law Lady
Criminal law -- Habeas corpus -- Counsel -- Ineffectiveness -- Section 2254(d), which, as amended by Antiterrorism and Effective Death Penalty Act, limits the availability of federal habeas relief for claims previously “adjudicated on the merits” in state court proceedings, applies to petition for federal habeas relief when state court's order denying relief is unaccompanied by an opinion explaining the court's reasoning -- Petitioner was not entitled… [read post]
12 Nov 2020, 5:20 am by Marty Lederman
United States, 529 U.S. 848, 857 (2000) (internal citation omitted); see also NFIB, 567 U.S. at 562 (Opinion of Roberts, C.J.). [read post]
30 Jul 2021, 9:09 am by Patricia Salkin
Petitioners brought their takings claim under §1983, which “guarantees ‘a federal forum for claims of unconstitutional treatment at the hands of state officials. [read post]
4 May 2010, 6:54 pm
Taxpayer wife and her family later escaped from their country to the United States. [read post]
7 Jan 2011, 6:44 am by Christa Culver
Petitioner's reply Title: Maxwell-Jolly v. [read post]
13 Apr 2018, 4:11 am by Edith Roberts
United States, the appeal of former Illinois governor Rod Blagojevich from a conviction on federal corruption charges, and to “draw [a] clear line between legal fundraising and felony extortion. [read post]
30 Oct 2021, 12:26 pm by Mary B. McCord and Annie L. Owens
Foreign terrorist organizations have long urged their followers to take advantage of lax U.S. gun laws to plan attacks in the United States. [read post]
22 Jan 2014, 5:21 am by Amy Howe
California and United States v. [read post]
18 Jul 2012, 9:12 am by Marie S. Newman
  Student loans are not normally dischargeable in bankruptcy (see 11 U.S.C. 523(a)(8)(B)) unless the obligation imposes an "undue hardship" on the borrower or his dependents; the statute doesn't define "undue hardship," and a number of courts have applied the test articulated by the United States Court of Appeals for the Second Circuit in the Brunner decision. [read post]
17 Jun 2007, 4:46 am
United States, Civil Action No. 06-1824(EGS), 2007 U.S. [read post]
21 Aug 2014, 6:52 am by Pierre Bergeron
According to the Sixth Circuit, the Mine Act vests jurisdiction in the federal appellate courts in only two situations: (1) a party cited for violation of the Mine Act may challenge the citation before the agency and then seek judicial review in the appropriate United States Court of Appeals; and (2) any person adversely affected by a mandatory health or safety standard may likewise challenge the standard in the appropriate federal appellate court. [read post]
25 Mar 2008, 5:32 am
Based on this ruling, respondent filed a civil action in the United States Court for the District of Utah, against the individual officers and the task force. [read post]
22 Jul 2010, 1:43 pm by Stephen Albainy-Jenei
Kappos, Under Secretary of Commerce for Intellectual Property and Director, United States Trademark Office (PDF) Reply Brief for Petitioner Bernard L. [read post]
20 Oct 2010, 6:00 am by Ken Chan
In a memo entitled Social Networking Sites and Their Importance to FDNS, the United States Citizenship and Immigration Service explained how to perform an “unannounced cyber ‘site-visit’”: Narcissistic tendencies in many people fuels a need to have a large group of “friends” link to their pages and many of these people accept cyber-friends that they don’t even know. [read post]
8 Apr 2013, 5:53 pm by Wells Bennett
 The United States denied this and insisted that Section 7 of the Military Commissions Act of 2009 barred jurisdiction over al-Madhwani’s claims in any event. [read post]
23 Oct 2015, 4:50 am by Amy Howe
United States, describing the case as “a case about two dueling canons – the ancient rule of the last antecedent, and the newly discovered ‘series-qualifier’ rule, which made its first appearance by name in Justice Scalia’s 2012 book,Reading Law. [read post]
26 Jun 2008, 6:04 am
  Tom DeLay, then House Majority Leader, blustered on conservative radio:   "We've got Justice Kennedy writing decisions based upon international law--not the Constitution of the United States. [read post]