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30 Apr 2008, 10:01 am
Interestingly, as an aside, the Appeals Court noted that it accepted the driver's statement of the facts inasmuch as the Medina Municipal Prosecutor failed to file an appellate brief. [read post]
10 Sep 2009, 5:13 pm
A Seattle Municipal court ruled that the blood evidence could not be used against St. [read post]
6 Oct 2009, 8:52 am
Attorney General, 2005 UKHL 56] To a large extent, this view rests on the observation that Parliamentary supremacy has eroded through the U.K.'s membership in the European Union, the effect of incorporating Convention of Human Rights standards into municipal law, and the impact of devolution. [read post]
6 Jan 2011, 7:54 am
In 1990, Governor George Deukmejian appointed her to the Sacramento Municipal Court and in 1997; Governor Pete Wilson elevated her to the Superior Court of Sacramento County. [read post]
30 Oct 2013, 8:00 am
In that case, the Illinois Supreme Court held that municipalities have a duty only to maintain property for uses that are both permitted and intended. [read post]
25 Jun 2009, 12:14 pm
., Inc. v DiNapoli, 2009 NY Slip Op 05204, Decided on June 25, 2009, Court of AppealsThe Court of Appeals, reversing a lower court's decision, held that the State Legislature violated Article V, §1 of the New York State Constitution when it assigned and directed the State Comptroller to audit charter schools.The court ruled that the provisions of General Municipal Law §33(2) and Education Law §2854(1)(c),… [read post]
28 Jun 2017, 10:48 am
Title III Title III was established just for Puerto Rico, which is not a municipality under U.S. law and therefore could not file for Chapter 11 bankruptcy protection. [read post]
15 Apr 2016, 5:34 pm
Accordingly, the trial court’s holding that the 2013 ordinance was not a project subject to CEQA was affirmed. [read post]
28 Aug 2016, 9:26 am
Few public employees actually win their First Amendment retaliation cases in the Court of Appeals, which has to follow the Supreme Court's Garcetti opinion, which says that workplace speech is not protected under the First Amendment if it arises from the employee's normal job duties. [read post]
24 Jul 2011, 12:47 pm
This is not the case in every municipal court in New Jersey. [read post]
6 Jan 2010, 11:01 am
Supreme Court justices ponder the effect of a litigant’s untimely demise on his right to assert equitable remedies. [read post]
8 Aug 2015, 10:00 pm
Thus, the court found that the Planning Commission’s approval of Morgan’s application for a special permit was not illegal, irrational, or arbitrary and capricious. [read post]
20 Apr 2010, 4:00 am
This week’s body of work from the 8th indicates why that’s rarely a problem for lawyers assigned to handle an appeal from a municipal court trial. [read post]
8 Mar 2008, 9:56 pm
Lloyd, S-06-1113, 275 Neb. 205 The Supreme Court initially ruled that the City of Omaha could not prosecute him under the Omaha municipal code driving while intoxicated 2nd offense section because the municipal dwi code section was inconsistent with state law ( State v. [read post]
17 Apr 2019, 3:46 am
[Merpel observes that the same creative argument could solve the conundrum around the Agreement on the Unified Patent Court (UPCA) in spite of Brexit: Art. 7(2) UPCA provides that one section of the Court’s central division shall be in “London” – setting up a Central Division in London, France rather than London, UK may formally solve the problem, but it would unlikely be compliant with what the drafters had originally in mind.] [read post]
11 Oct 2009, 2:13 am
(Is there a problem with going to federal court for the federal court to order certain conduct of a municipal body in the absence of a constitutional issue, at least (although T-Mobile does rely on a federal statute that specifically provides for hearing and deciding such actions "on an expedited basis" but that does not, by itself, equate to authority to issue injunctive relief))? [read post]
28 Feb 2018, 9:35 am
American Federation of State, County, and Municipal Employees that is being decided by the Supreme Court.And it may just be the most important political story in America, about Democratic Party bosses in blue states who for decades have used public employee unions to maintain their power. [read post]
14 Aug 2018, 5:33 am
Editor’s note: Over the next week, Lawfare will be running a series of essays on federalist governance in the Middle East. [read post]
16 Jun 2011, 11:54 am
As such, the court found Ordinance 14782 invalid and defendant's motion to dismiss was granted. [read post]
25 May 2010, 10:54 am
City of Goleta, 2009 WL 3068152 (C.A.9 (Cal.)) generated considerable attention and concern from municipal governments and affordable housing advocates who believe the opinion could have a devastating effect on the ability of municipalities to fulfill the state mandate to provide affordable housing for all citizens. [read post]
