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27 Jun 2016, 11:34 am by Mary Ziegler
Justice Clarence Thomas reminded us that he has never approved of Roe or Casey, and he more or less adopted Texas’s reading of the undue-burden test. [read post]
27 Jun 2016, 4:00 am by The Public Employment Law Press
"Not discerning any constitutional, statutory or public policy considerations that prohibit arbitration of the dispute, the Appellate Division considered the second prong of the test. [read post]
26 Jun 2016, 3:52 pm by Patricia Salkin
Constitution provides very similar, if not identical protection, in other contexts.Filed under: Current Caselaw, Religious Uses - Non-RLUIPA [read post]
24 Jun 2016, 10:18 am by John Elwood
The rehearing petition in Hawkins v. [read post]
24 Jun 2016, 9:48 am by Angelo A. Paparelli
  These include (a) the expanded availability and acquisition of EB-5 insurance to pay a form of indemnity (the return of the investment) if investor petitions are not approved or conditions on residence are not removed, (b) the addition of other traditional forms of insurance protection (e.g., fidelity bonds, and coverage for errors and omissions, business interruption, directors and officers liability and general liability), and (c) the use of letters of credit. [read post]
24 Jun 2016, 9:18 am by Cynthia L. Hackerott
Justice Kagan took no part in the consideration or decision of either the most recent petition or the Court’s June 2013 decision in this case due to her involvement with it when she was the U.S. [read post]
24 Jun 2016, 6:00 am
The information is general in nature and does not constitute legal advice or any contractual obligations. [read post]
23 Jun 2016, 1:16 pm by Lyle Denniston
The government does now have the option of filing a rehearing petition in the Supreme Court, but the Justices — with only an even number on the bench — have apparently been having real difficulty figuring out what to do with two rehearing petitions on unrelated cases. [read post]
23 Jun 2016, 1:07 pm by Lisa Ouellette
Justice Breyer's opinion for the Court holds that the "strong presumption" favoring judicial review is overcome by the clear statutory language, though he notes that review may be allowed for constitutional questions or actions "in excess of statutory jurisdiction. [read post]
22 Jun 2016, 10:00 pm
The existing practice at the USPTO of using the same panel for both an IPR institution and final decision will stay the same, unless USPTO itself decides to change it. [read post]
21 Jun 2016, 9:01 pm by Sherry F. Colb
The case is similar to the earlier two in that once again, the Court was using the Eighth Amendment to try to protect juvenile offenders from the harshest of sentences, whether death or LWOP. [read post]
20 Jun 2016, 6:52 pm by Ronald Mann
Under the statute, disgruntled competitors can file a petition seeking inter partes review. [read post]
20 Jun 2016, 10:34 am by Michael Risch
The court dismisses patentee's complaint that the PTO might institute on claims that weren't even petitioned for review as simply quibbling with the particularity of the petition and not raising any constitutional issue. [read post]
20 Jun 2016, 6:30 am by Clara Spera
The attempted purchaser would be notified of this procedure and would have the right to participate in any hearing that was the result of the emergency petition. [read post]
17 Jun 2016, 3:22 pm by Arthur F. Coon
  Key points include: The general plan is the land useconstitution” with which virtually any local land use decision – including zoning and subdivision map approvals – must be consistent. [read post]