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27 Apr 2018, 6:47 am by John Elwood
United States, 16-8777, Taylor v. [read post]
1 Aug 2022, 5:05 am by Public Employment Law Press
" Citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d 1044, the Appellate Division explained that "[T]he substantial evidence standard is a minimal standard" that is "less than a preponderance of the evidence, and demands only that a given inference is reasonable and plausible, not necessarily the most probable. [read post]
15 Sep 2017, 4:00 am by The Public Employment Law Press
The Association then participated in a mediation effort with Local 106 and the TA, but the mediation effort failed to resolve the conflict.The Association next filed a "Petition for Unit Clarification and/or Unit Placement" with the New York State Public Employment Relations Board [PERB]. [read post]
1 Aug 2022, 5:05 am by Public Employment Law Press
" Citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d 1044, the Appellate Division explained that "[T]he substantial evidence standard is a minimal standard" that is "less than a preponderance of the evidence, and demands only that a given inference is reasonable and plausible, not necessarily the most probable. [read post]
24 Jan 2011, 6:58 am by A. Benjamin Spencer
Section 2254(d)(2) of Title 28, United States Code provides federal habeas relief may not be granted on any claim that was adjudicated on the merits in the state courts unless the state court's adjudication of the claim resulted in a decision based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. [read post]
2 Sep 2015, 4:25 am
In order to enhance the efficiency of the global patent system the IP5 Offices -- that's the patent offices of the United States, China, Korea, Japan and Europe --  endeavour to explore the harmonisation of their practices and procedures. [read post]
21 Jun 2016, 6:52 am by Amy Howe
” At Legal Aggregate, Gregory Ablavsky weighs in on last week’s opinion in United States v. [read post]
5 May 2021, 6:25 am by Matthew L.M. Fletcher
id=1497436 12:45 – 1:00: Opening (Lillian Alvernaz, Indian Law Section Chair; James Taylor, Criminal Law Section Chair; Sam Alpert, State Bar of Montana)  1:00 – 2:45: The Death Penalty in State & Federal Courts Panelists: Michael Donahoe, Deputy Federal Defender, Federal Defenders of MontanaSK Rossi, Owner, Central House Strategies Gary Mitchell, AttorneySession Moderator: James Taylor, Managing Attorney,… [read post]
25 May 2023, 11:00 pm
In simple terms, the government cannot take your land and then decide later what to do with it without running afoul of the Takings Clause of the Fifth Amendment of the United States Constitution, as applied to the states by the Fourteenth Amendment.Absent “urban blight,” or other exceptions which weren’t present here, the AD4 annulled the Town’s efforts to acquire the Mall property and awarded the owner its fees and costs.Not that’s a… [read post]
10 Apr 2009, 7:42 pm by chucknewton
"Any effort, action, or demand by a creditor to collect a pre-petition debt violates the automatic stay".Regardless of the stay violation, Paul Hill contended that he could not be sanctioned for his action of posting the sign because of his entitlement to exercise his free speech right under the First Amendment to the United States Constitution, citing Turner Advertising Co. v. [read post]