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31 Jan 2020, 3:36 am by Edith Roberts
At The Atlantic, Garrett Epps looks at the story behind a state constitutional provision relied on by Montana in Espinoza v. [read post]
19 May 2007, 10:12 am
Rather, he invites the State to violate two of the most basic norms of a civilized society - that the State's penal authority be invoked only where necessary to serve the ends of justice, not the ends of a particular individual, and that punishment be imposed only where the State has adequate assurance that the punishment is justified.United States Supreme Court Justice, 1990(1)Robert Comer, Christopher Newton and Elijah Page have something in common, aside… [read post]
3 Jan 2011, 5:49 am by Steve McConnell
Novartis Pharmaceuticals Corp., 2010 MT 282 (Montana December 30, 2010), adds to this Winter of discontent. [read post]
18 Dec 2013, 12:46 pm by Margaret Wood
”  In 2000, the Supreme Court of the United States in its decision in Troxel v. [read post]
16 Jun 2015, 11:41 pm
In holding that no preliminary injunction should have been granted, the Court applied the factors construed in Winter v NRDC, which would require the plaintiff to show (1) that she is likely to succeed on the merits, (2) that she is likely to suffer irreparable harm in the absence of a preliminary injunction, (3) that the balance of equities is in her favour and (4) that granting an injunction is in the public interest. [read post]
3 Dec 2020, 4:29 am by Jon L. Gelman
 Federal preemption of state medical fee schedules and regulations are a prevailing challenge to the patchwork of non-uniform state benefit programs.QUESTIONS PRESENTEDThe Airline Deregulation Act of 1978 (“ADA”) broadly preempts any state law or regulation “related to a price, route, or service of an air carrier. [read post]