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2 Sep 2016, 6:50 am
Supreme Court case that allowed unl [read post]
1 Sep 2016, 4:11 pm
Next, to succeed on a Monell claim, Feibush was required to show by a preponderance of the evidence that his constitutional rights were violated and that a municipal custom or policy was the “moving force” behind his injuries. [read post]
1 Sep 2016, 7:15 am
” Moreover, Lane contended that the procedural rules governing municipal court trials and appeals precluded him from seeking relief prior to the trial. [read post]
1 Sep 2016, 7:15 am
” Moreover, Lane contended that the procedural rules governing municipal court trials and appeals precluded him from seeking relief prior to the trial. [read post]
1 Sep 2016, 4:30 am
On June 27, 2016, a district court found Filat guilty of “passive corruption and embezzlement,” charges that could carry nine years in prison. [read post]
31 Aug 2016, 9:02 pm
It was called “federalism,” and in one particular arena—land use—the federal government was supposed to leave cities (which, for purposes of this column, includes towns, villages, and municipalities) to shape their land use identities. [read post]
31 Aug 2016, 4:41 pm
Because while fatherlessness has multiple causes, using the low estimate, family courts create a fatherless child every single minute of every single day, and Nebraska courts are among the worst offenders. [read post]
31 Aug 2016, 11:19 am
” This is a question of law for the court. [read post]
31 Aug 2016, 7:00 am
While this case arose in the context of storm water regulation, Meyer Nave suggested that the Court's analysis will apply to many unfunded mandate situations going forward and summarized the genesis of the case and the Court's decision as follows: “In California, CaliforniaRegional Water Quality Control Boards issue permits under state and federal law for discharges from municipal separate storm sewer systems (MS4s). [read post]
New Jersey Courts Can Convict a Defendant of DWI Even Without Direct Evidence that They Were Driving
30 Aug 2016, 1:25 pm
The municipal court and Law Division held that this was sufficient evidence of DWI, despite a lack of direct evidence of driving. [read post]
New Jersey Courts Can Convict a Defendant of DWI Even Without Direct Evidence that They Were Driving
30 Aug 2016, 1:25 pm
The municipal court and Law Division held that this was sufficient evidence of DWI, despite a lack of direct evidence of driving. [read post]
30 Aug 2016, 1:25 pm
In Texas, for example, there are many thousands of counties, cities, school districts, municipal utility districts, and so forth, that hold elections. [read post]
30 Aug 2016, 4:00 am
** §55-a of the Civil Service Law provides for the employment of persons with disabilities by municipalities in position in the competitive class having duties which can be performed by physically or mentally disabled persons who are found qualified to perform satisfactorily such duties. [read post]
29 Aug 2016, 9:45 am
(credit: Getty Images | Yuri_Arcurs) The Federal Communications Commission has decided not to appeal a court decision that allows states to impose laws restricting the growth of municipal broadband. [read post]
28 Aug 2016, 9:01 pm
The legislature is not involved because state courts themselves issue them as court rules. [read post]
28 Aug 2016, 9:26 am
Few public employees actually win their First Amendment retaliation cases in the Court of Appeals, which has to follow the Supreme Court's Garcetti opinion, which says that workplace speech is not protected under the First Amendment if it arises from the employee's normal job duties. [read post]
28 Aug 2016, 7:48 am
The trial court stated a statute that provides that a municipality waives its immunity to the extent it is covered by an insurance policy. [read post]
27 Aug 2016, 4:37 am
The court found municipal regulation of, and bans on, medical marijuana dispensaries could not operate to discriminate against persons with disabilities, because those people have no fundamental right of convenient access to medicinal marijuana in the first place. [read post]
26 Aug 2016, 6:49 am
Attorney Chuck Hatfield said in court that the initiative unfairly limits some classes of businesses and associations from giving money to campaigns, but Joyce ruled the proposal mirrors federal law and is not unconstitutional. [read post]
26 Aug 2016, 4:35 am
The court first noted that a municipality seeking to combat the secondary effects of protected speech carries the initial burden of coming forth with “any evidence that is ‘reasonably believed to be relevant’ for demonstrating a connection between speech and a substantial, independent government interest. [read post]
