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23 Nov 2014, 12:23 pm
Thanks.This post includes a draft of the first chapter of Part IV ( The Role of the Courts: Judicial Review, Interpretive Techniques, and Legitimacy ) -- Chapter 16 (The Doctrine of Judicial Review). [read post]
22 Nov 2014, 8:47 pm by Kirk Jenkins
During its September term, the Illinois Supreme Court heard oral argument in Bettis v. [read post]
20 Nov 2014, 3:09 pm by Lyle Denniston
The Louisiana couples’ lawyers, in urging the Supreme Court to take on their case now along with any of those it accepted from the Sixth Circuit, made four points in favor of early review of the Louisiana case: First, the judge’s decision in favor of the ban was the first in the nation to uphold a state ban in the wake of the Supreme Court’s 2013 decision in United States v. [read post]
20 Nov 2014, 5:34 am by Terry Hart
Almost a month to the day after a California state court became the second court in this fall to recognize a public performance right for pre-1972 sound recordings, the Southern District Court of New York has held that New York State common law also recognizes such rights. [read post]
20 Nov 2014, 5:00 am by Maureen Johnston
§ 2254(d)(2) merely because the allegedly biased judge rules on the claim based on facts within her knowledge without first conducting an evidentiary hearing, or whether a federal court must grant AEDPA deference to the judge's determination when the evidence in the state-court record supports it. [read post]
19 Nov 2014, 4:14 pm by Harold O'Grady
The Southern District of New York convened for the first time on November 3, 1789 as the first new federal district court to be established following the passage of the Judiciary Act of 1789. [read post]
19 Nov 2014, 12:58 pm by John Elwood
The district court rejected his petition, and the Ninth Circuit refused to grant a certificate of appealability, noting that the issue of whether Redd could file pro se was one of state law. [read post]
18 Nov 2014, 3:12 pm by Lyle Denniston
  It lifted an earlier order that it had issued barring a judge in one judicial district in the state from issuing marriage licenses. [read post]
18 Nov 2014, 1:28 pm
So long as responsible, law-abiding adults may purchase handguns in California, the First Amendment prevents the State from enforcing Section 26820’s ban on on-site handgun advertising. [read post]
18 Nov 2014, 9:51 am
At sentencing, the district court attributed 3,000kg of marijuana to Appellant after a judicial finding of that quantity by a preponderance of the evidence. [read post]
15 Nov 2014, 9:30 am by MBettman
First Appeal On appeal to the Twelfth Appellate District, the appeals court affirmed the decision of the trial court and found that Johnson did not have a legitimate expectation of privacy in the undercarriage of his vehicle. [read post]
14 Nov 2014, 5:42 am by John Elwood
Farina, 13-1227, a state-on-top habeas case involving how much leeway a federal court is allowed in determining that a state court made an unreasonable factual determination; and Whitman v. [read post]
11 Nov 2014, 7:27 pm
”Ibid.Soon after Amendment 2 was adopted, this litigation to declare its invalidity and enjoin its enforcement was commenced in the District Court for the City and County of Denver. [read post]
11 Nov 2014, 1:33 pm by Lyle Denniston
The Kansas application is the first legal plea to reach the Supreme Court since the U.S. [read post]
11 Nov 2014, 12:11 pm by Ken White
The United States District Court for the Northern District of California granted judgment on the pleadings to CAIR on Savage's copyright claim, finding that their Fair Use defense was established by the pleadings themselves. [read post]
11 Nov 2014, 12:11 pm by Ken White
The United States District Court for the Northern District of California granted judgment on the pleadings to CAIR on Savage's copyright claim, finding that their Fair Use defense was established by the pleadings themselves. [read post]