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25 May 2023, 10:40 pm by Josh Blackman
The Texas Court of Criminal Appeals addressed this issue, indirectly, in Williams v. [read post]
25 May 2023, 1:33 pm by Jonathan H. Adler
Court of Appeals for the Ninth Circuit's expansive interpretation of the EPA's regulatory authority and Justice Kennedy's "significant nexus" test for CWA jurisdiction. [read post]
25 May 2023, 10:33 am by Gregg Hollander
Remember, filing a lawsuit does not require you to give up hope on an eventual settlement. [read post]
25 May 2023, 10:14 am by Eugene Volokh
Magistrate Judge Andrew Baxter (N.D.N.Y.) didn't release a written opinion, but stated that the motion was denied "for the reasons stated on the record during the stenographically-recorded telephone conference on 5/24/2023"; I expect no transcript has yet been prepared, but if the plaintiff appeals to the District Judge, the transcript will likely be filed at that point. [read post]
25 May 2023, 8:40 am by Amy Howe
Court of Appeals for the 9th Circuit applied the test outlined by Justice Anthony Kennedy in Rapanos v. [read post]
25 May 2023, 8:19 am by Eugene Volokh
S[.] stated he guesses it is more of an uncomfortable situation because he does not feel like he can be himself. [read post]
Meta Ireland is reported to be appealing the Decision, including seeking a stay of the orders in the courts, so the suspension still may not be implemented even if the EU/US Data Protection Framework is delayed. [read post]
25 May 2023, 4:30 am by Lawrence Solum
” Article III does not define what constitute “all Cases of admiralty and maritime jurisdiction. [read post]
25 May 2023, 2:32 am by Kluwer IP Reporter
This challenge does not deter the team. [read post]
Significantly, under the WPA, the employee does not have to prove that the Agency targeted them for whistleblowing. [read post]
The post US appeals court upholds high school admissions policy after allegations it discriminates against Asian American students appeared first on JURIST - News. [read post]
24 May 2023, 2:44 pm by Eugene Volokh
"} … Openly carrying or displaying a firearm, and loading it by advancing a bullet in its chamber for it to be ready for use if needed, does not constitute the unjustified or threatened use of deadly force as a matter of law. [read post]
24 May 2023, 1:46 pm by Edelboim Lieberman Revah PLLC
Appeal Arbitration awards can be challenged in court in certain circumstances. [read post]
24 May 2023, 1:44 pm by Tom Miller
The appeal in Cuffee, meanwhile, arose from an earlier phase in the litigation: a judge’s denial of a defendant’s pre-hearing motion for discovery. [read post]
24 May 2023, 11:02 am by John Elwood
§ 1252(d)(1) — which requires noncitizens to “exhaus[t] all administrative remedies … as of right” before challenging a Board of Immigration Appeals final order of removal in federal court — is not a jurisdictional provision and does not require noncitizens to request discretionary forms of review. [read post]