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27 Feb 2019, 11:00 am by Second Circuit Civil Rights Blog
Under the federal habeas law, state court convictions cannot be attacked as unconstitutional in federal court unless the state court unreasonably applied settled Supreme Court authority. [read post]
10 Oct 2014, 4:00 am by The Public Employment Law Press
”  Further, observed the Commissioner, “It is well-settled that, except in unusual circumstances, ignorance of the appeal process does not afford a sufficient basis to excuse a delay in commencing an appeal. [read post]
27 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter of Marsala v New York State & Local Employees' Retirement Sys., 14 AD3d 984, the Appellate Division observed that it had "previously recognized in comparable scenarios, incidents in which injuries are sustained while participating in a training exercise as part of routine job duties and involving normal risks related thereto, including police officers injured while practicing running dismounts during bicycle patrol training, do not constitute accidents… [read post]
27 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter of Marsala v New York State & Local Employees' Retirement Sys., 14 AD3d 984, the Appellate Division observed that it had "previously recognized in comparable scenarios, incidents in which injuries are sustained while participating in a training exercise as part of routine job duties and involving normal risks related thereto, including police officers injured while practicing running dismounts during bicycle patrol training, do not constitute accidents… [read post]
14 Jul 2020, 9:30 pm by ernst
Esbeck, University of Missouri School of Law, has posted The Establishment Clause: What the Text and Record in the First Federal Congress Can Tell Us About Original Meaning:Modern times in church-state relations began in 1947 with the Supreme Court’s decision in Everson v. [read post]
8 Sep 2012, 3:56 pm by admin
Voluntary trade associations are not, of course, states, but as corporate entities many similar issues regarding majority v. minority rights regularly emerge in associations. [read post]
24 Jun 2013, 4:20 am by Susan Brenner
But nine days after her husband left for an out-of-state deployment, the child was dead from dehydration. [read post]
24 Feb 2011, 3:14 am
The decision notes that it is well settled that estoppel is generally not available against the State when it acts in a governmental capacity. [read post]
8 Nov 2021, 1:27 pm by Stéphane Erickson
On this note, the court stated that “perfection is certainly not the standard required of legal advice in this context. [read post]