Search for: "State v. Burden"
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4 Jul 2016, 9:01 pm
The 5-3 opinion in Whole Woman’s Health v. [read post]
16 Jan 2019, 11:45 am
A coalition of 14 state Attorneys General and the D.C. [read post]
21 Jan 2020, 7:21 am
State v. [read post]
25 Aug 2010, 7:01 am
In State 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]
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]
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]
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]
8 Dec 2018, 5:55 am
”); Miller v. [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]
19 Jun 2008, 7:16 pm
The United States Supreme Court has just issued a 5-4 ruling on an age discrimination issue in Kentucky Retirement System v. [read post]
24 Jun 2018, 8:03 pm
South Dakota v. [read post]
12 Feb 2022, 11:42 am
State Responses to APF v. [read post]
28 Jun 2019, 9:51 am
” See, e.g., Horne v. [read post]
21 Dec 2012, 8:28 am
The state has the burden of establishing that the statute passes "strict scrutiny" analysis, that the state has a compelling state interest that is narrowly tailored. [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]
22 Aug 2006, 1:29 pm
As noted in prior posts assembled here, the Third Circuit in US v. [read post]
25 Jun 2015, 8:15 am
Marcelo v. [read post]
2 Nov 2017, 6:47 am
State v. [read post]
1 Feb 2010, 2:32 pm
Of State Ins Co. v. [read post]
