Search for: "Branch v. State"
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12 May 2023, 8:55 am
Finally, I document increased polarization in states with nonpartisan elections as compared to others in the aftermath of the Supreme Court’s decision in Republican Party of Minnesota v. [read post]
11 May 2023, 8:55 am
Section V analyzes the Oath or Affirmation Clause, which suggests that Senators and Representatives, as well as the President, are not “Officers of the United States. [read post]
10 May 2023, 6:02 am
Such a lawsuit could concede that notwithstanding the Supreme Court's invalidation of the Line Item Veto Act in Clinton v. [read post]
10 May 2023, 5:00 am
Section V analyzes the Oath or Affirmation Clause, which suggests that Senators and Representatives, as well as the President, are not "Officers of the United States. [read post]
9 May 2023, 11:28 am
With respect to the second branch of the Miglin test, they stated that Ms. [read post]
8 May 2023, 1:54 pm
Crim argued that this 2014 decision no longer controls because in 2015 Congress amended the statute to state that the Tax Court is “not an agency of, and shall be independent of, the executive branch of the Government. [read post]
8 May 2023, 3:50 am
Accordingly, the Supreme Court properly granted [*2]that branch of the defendants’ motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging violation of Judiciary Law § 487 for failure to state a cause of action. [read post]
7 May 2023, 9:30 pm
Morris [Plaintiff] v Suffolk County [Respondent], Plaintiff appealed the judgment of Supreme Court [1] denying Plaintiff's petition seeking the disclosure of certain records pursuant to New York State's Freedom of Information Law [FOIL];* [2] denying an award of attorney's fees and litigation costs; and [3] dismissing the proceeding.The Appellate Division modified and reinstated, on the law, those branches of the petition which sought to compel disclosure of… [read post]
7 May 2023, 9:30 pm
Morris [Plaintiff] v Suffolk County [Respondent], Plaintiff appealed the judgment of Supreme Court [1] denying Plaintiff's petition seeking the disclosure of certain records pursuant to New York State's Freedom of Information Law [FOIL];* [2] denying an award of attorney's fees and litigation costs; and [3] dismissing the proceeding.The Appellate Division modified and reinstated, on the law, those branches of the petition which sought to compel disclosure of… [read post]
7 May 2023, 7:42 am
Padilla One More Time: Facebook Isn’t a State Actor–Atkinson v. [read post]
7 May 2023, 6:00 am
The ratification debates and Federalist Papers can be supplemented by evidence of ordinary usage and by the constructions placed on the Constitution by the political branches and the states in the early years after its adoption. [read post]
6 May 2023, 10:31 am
There are serious arguments to make against state standing in Biden v. [read post]
5 May 2023, 1:48 pm
The political branches in the Federal Government and each State are left to administer it on the honor system. [read post]
3 May 2023, 1:45 pm
Youngstown and United States v. [read post]
3 May 2023, 5:36 am
In 2015 in Michigan v. [read post]
1 May 2023, 1:04 pm
While it isn't the key to the survival of the administrative state, it does give the executive branch incrementally broader discretion than it would enjoy otherwise. [read post]
29 Apr 2023, 6:00 am
In Harper v. [read post]
28 Apr 2023, 9:10 am
For example, a recent Texas car accident case, Sibel Onasis Ferrer v. [read post]
28 Apr 2023, 5:52 am
In Buchanan v Law Offs. of Sheldon E. [read post]
26 Apr 2023, 2:39 pm
(He has a bad habit of ignoring unhelpful precedent; See U.S. v. [read post]
