Search for: "Matter of Cert. of a Question of Law"
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24 Jan 2018, 2:33 pm
The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter. [read post]
24 Jan 2018, 2:33 pm
The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter. [read post]
24 Jan 2018, 2:33 pm
The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter. [read post]
24 Jan 2018, 5:00 am
Other cases of note include:Constitutionality of SEC administrative proceedings: The Supreme Court granted cert in Lucia v. [read post]
14 Jan 2018, 5:14 pm
In this latest case the Court will address the question of whether or not the SEC’s administrative law judges (ALJ) were appointed in violation of the requirements of the Appointments Clause in the U.S. [read post]
10 Jan 2018, 4:28 am
” Commentary comes from Lisa Keen at Keen News Service, who notes that “because the appeal was on a procedural matter only, the two lawsuits challenging the law’s constitutionality can still proceed. [read post]
5 Jan 2018, 8:30 am
” The government largely dodges the question of the merits, arguing that the point of the lower court’s decision is that no matter what outcome on the merits, a preliminary injunction would be improper. [read post]
5 Jan 2018, 8:30 am
” The government largely dodges the question of the merits, arguing that the point of the lower court’s decision is that no matter what outcome on the merits, a preliminary injunction would be improper. [read post]
3 Jan 2018, 3:00 am
That matters, I think, because Fourth Amendment law has long developed different rules for searching containers and searching cars. [read post]
2 Jan 2018, 7:33 pm
This matters because the Constitution places limits on how officers may be appointed. [read post]
2 Jan 2018, 5:08 pm
With merger objection lawsuits now most likely to be filed outside Delaware, the question of whether or not judges in other jurisdictions — and in particular, federal district court judges — will follow the lead of Delaware’s courts in rejecting disclosure-only settlements takes on greater significance. [read post]
2 Jan 2018, 2:00 am
This is Question 2 in my textual breakdown of Fourth Amendment law, which everyone in Fourth Amendment law calls "standing" even though the Supreme Court has told us we really shouldn't call it standing (more on this below). [read post]
25 Dec 2017, 9:39 pm
The DOJ lawyer never really answered the question--and with good reason, because it was, in effect, a rhetorical question with an obvious answer: Judge Kavanaugh was trying, not so subtly, to show DOJ that it's an absurd proposition and thus a dead loser. [read post]
19 Dec 2017, 3:08 pm
Smith.[2] Most importantly, however, these hypothetical cases, no matter how sympathetic they might be in the eyes of some or all of the Justices, do not offer useful guidance regarding where the Court could draw any principled doctrinal lines on the compelled speech question. [read post]
18 Dec 2017, 4:00 am
A new cert petition in Attias v. [read post]
17 Dec 2017, 3:28 pm
-- Recent article no help answering that question. [read post]
12 Dec 2017, 9:57 am
However, the court stated that if, at trial, the defendants were able to prove that Madden had received the Cardholder Agreement and Change In Terms, and that FIA had assigned her debt to Midland Funding, her claims would fail as a matter of law because the NBA would preempt any state-law usury claim against the defendants. [read post]
12 Dec 2017, 9:57 am
Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015),cert. denied, 136, S. [read post]
12 Dec 2017, 7:09 am
He submitted an amicus brief in support of the crisis pregnancy centers’ cert petition in National Institute of Family and Life Advocates v. [read post]
6 Dec 2017, 1:19 pm
” App. to Pet. for Cert. [read post]