Search for: "Application of Phillips"
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3 Aug 2018, 4:00 am
James Cleith Phillips (UC-Berkeley), Testing a Beckerian-Arrowian Model of Political Orientation Discrimination on the U.S. [read post]
1 Aug 2018, 4:40 am
Chinitz 2018 NY Slip Op 05521 Decided on July 26, 2018 Appellate Division, First Department is an example of how courts shy away from its application. [read post]
25 Jul 2018, 1:48 am
Today’s live blog team comprises Emma Boffey, Shona McCusker, Eric Johnstone, Kenny Rose and Stephen Phillips, all from CMS Scotland. 1551: Lady Hale closes the day’s proceedings and we await the judgment. 1550: Lord Keen closes his submission. 1549: Lord Keen returns to the argument that the UK Act has re-defined the devolved competences of the Scottish Parliament. [read post]
15 Jul 2018, 9:30 pm
I will assume that the Supreme Court was issuing a ruling based on generally applicable principles here. [read post]
7 Jul 2018, 12:29 pm
Like Thomas Hardiman, another potential nominee on the president’s shortlist, Judge Raymond Kethledge would bring educational diversity to a bench on which all of the current justices attended Ivy League law schools: He received both his undergraduate and law degrees from the University of Michigan. [read post]
6 Jul 2018, 5:36 pm
This case concerns Chris Parent, Shawn Phillips, John Simon, Timothy Putzier and John Parah. [read post]
3 Jul 2018, 5:02 am
The outcome in Trump v. [read post]
25 Jun 2018, 7:14 pm
Phillips’ rights under the First Amendment. [read post]
20 Jun 2018, 4:10 am
., ” that the defendant attorney failed to exercise that degree of care, skill, and diligence commonly possessed by a member of the legal community’ ” (Phillips v Moran & Kufta, P.C., 53 AD3d 1044, 1044-1045 [4th Dept 2008]). [read post]
14 Jun 2018, 9:01 pm
Phillips’ claims. [read post]
13 Jun 2018, 4:23 am
At The World and Everything In It, Mary Reichard talks to the owner of Masterpiece Cakeshop, Jack Phillips, about Masterpiece Cakeshop v. [read post]
11 Jun 2018, 11:16 am
In colloquial terms the Treasury and IRS are stating that “if it looks, smells and operates like a state tax deduction those payments will most likely be characterized as state tax deductions with the applicable deduction limits. [1] Phillip Oliff & Brakeyshia Samms, Cap on the State and Local Tax Deduction Likely to Affect States Beyond New York and California, The Pew Charitable Trusts (Apr. 10, 2018)… [read post]
Symposium: The Masterpiece ruling calls for increased vigilance of discrimination in the marketplace
7 Jun 2018, 6:30 am
Additionally, the court upheld the general principle that business owners cannot rely on religious or philosophical objections to discriminate against protected individuals, including LGBT individuals, in violation of applicable public accommodation laws and largely avoided the thornier constitutional arguments raised by the baker, Jack Phillips. [read post]
6 Jun 2018, 8:36 am
Hialeah, which held that neutral, generally applicable laws must really be generally applicable and cannot effectively target or discriminate against specific religious beliefs. [read post]
5 Jun 2018, 12:48 pm
If the state has not treated similar cases inconsistently, then it will probably satisfy the First Amendment standard of “neutrality and general applicability. [read post]
5 Jun 2018, 10:13 am
Also, Masterpiece Cakeshop involved a challenge to the application of a state human rights statute and Piggie Park involved a challenge to the federal Civil Rights Act of 1964. [read post]
4 Jun 2018, 1:52 pm
Hurley, for example, held that the application of Massachusetts' public-accommodations law "requir[ed] [the organizers] to alter the expressive content of their parade. [read post]
4 Jun 2018, 1:25 pm
And this, the Court held, violated the Free Exercise Clause: While that Clause generally doesn't mandate exemptions from neutrally applied generally applicable laws, this law wasn't neutrally applied. [read post]
4 Jun 2018, 12:49 pm
“The court’s precedents make clear that the baker, in his capacity as the owner of a business serving the public, might have his right to the free exercise of religion limited by generally applicable laws,” he says. [read post]
4 Jun 2018, 11:57 am
However, the Court also stated that those religious and philosophical objections do not allow business owners and others in our economy and society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law. [read post]
