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20 Jan 2016, 10:47 am by Marty Lederman
, the Court directed the parties to brief and argue the following question, in addition to those presented in the government's petition:  “Whether the [DAPA] Guidance violates the Take Care Clause of the Constitution, Art. [read post]
20 Jan 2016, 8:00 am by Dennis Crouch
The Ohio Willow Wood Company, No. 15-567 Allvoice Developments US, LLC v. [read post]
15 Jan 2016, 1:51 pm by Elina Saxena
Where and when should a president use military action to restore order? [read post]
15 Jan 2016, 1:42 pm by Eugene Volokh
Most States that sought to avoid an establishment of religion around the time of the founding placed in their constitutions formal prohibitions against using tax funds to support the ministry. [read post]
15 Jan 2016, 10:29 am by Seyfarth Shaw LLP
Court of Appeals for the Ninth Circuit rejected the Center’s arguments, concluding that the disclosure requirement bears a substantial relation to a sufficiently important government interest and is facially constitutional, and the U.S. [read post]
14 Jan 2016, 10:15 pm
To take Sudhir’s point further, I think the NJAC judgment dangerously lowers both the standard and intensity of basic structure review to such an extent that in the future most writ petitions, whether it be challenging statutes or constitutional amendments will have a pro forma prayer, much like the 14-19-21 challenge today, that the impugned law is violative of the basic structure. 3. [read post]
14 Jan 2016, 11:43 am by John Elwood
The fact that Kansas is once again petitioning in yet another grisly murder case is a reminder that the state is the Criminal World that gave us In Cold Blood. [read post]
13 Jan 2016, 12:43 pm by Guest Author
The District denied the PRA request and Caldecott filed a petition for writ of mandate and complaint for declaratory and injunctive relief, requesting that the court order the disclosure of the requested documents. [read post]
13 Jan 2016, 9:29 am by Dennis Crouch
In the process, the divided court rejected both a constitutional and statutory challenge. [read post]
13 Jan 2016, 9:09 am by Eric Goldman
He vents about the teacher on Facebook: Braeden initially posted that he wanted to “start a petition to get mrs. [read post]
12 Jan 2016, 9:56 pm by Patricia Salkin
The court granted the Article 78 petition nullifying the ZBA’s April 23, 2012, determination, and severed the claim for declaratory relief. [read post]
12 Jan 2016, 11:39 am by Dennis Crouch
Petitions for Writ of Certiorari Denied: Allvoice Developments US, LLC v. [read post]
12 Jan 2016, 4:33 am by David DePaolo
Business likes stability and predictability - cases like Jenkins are frustrating because there is neither.And the judicial football that this case highlights challenges some of the basic tenets of the 1917 US Supreme Court's constitutional blessing on compulsory workers' compensation in NY Central Railroad vs. [read post]
11 Jan 2016, 9:36 am by Helen Klein
The amicus’s alternate argument is that even if the MCA alone warrants the application of Councilman in some cases, it doesn’t warrant abstention from Nashiri’s petition where (1) the petition challenges the subject-matter jurisdiction of the military commissions to try his alleged offenses, and (2) given the ongoing stay of his constitutional challenge at the CMCR. [read post]
11 Jan 2016, 4:00 am by The Public Employment Law Press
  In addition, the Commissioner observed that although Semione  may have used profanity in speaking to several board members, “the use of profanity and failure to apologize is not by itself, enough to warrant removal. [read post]
9 Jan 2016, 9:12 pm by Stephen Bilkis
The mouth, when used for kissing, is also an intimate part of the body. [read post]
9 Jan 2016, 1:21 pm by Arthur F. Coon
”) The Court went on to hold that “appellants’ claims of insufficiency of the evidence [to support the EIR’s conclusions regarding the project’s impacts on private pesticide use] do not constitute a separate ground for reversal of the judgment. [read post]