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22 Apr 2015, 9:01 pm
” The result of this is that the IRS is a political orphan, unable to effectively petition Congress to clarify and simplify the tax laws, or to convince that same Congress to improve the IRS’s ability to respond to the many new responsibilities that Congress dumps on the agency every year. [read post]
22 Apr 2015, 3:00 pm
The amorphous nature of the statute is also at odds with the constitutional requirement that individuals have fair notice as to what conduct may be criminal. [read post]
22 Apr 2015, 6:55 am
Child support -- Modification -- Administrative support order -- Trial court fundamentally erred when it reduced father's monthly child support obligations without notice or hearingDEPARTMENT OF REVENUE, o/b/o Loretta Sermon, Cherral Smith, and Yata Frichelle Canty, Appellant, v. [read post]
21 Apr 2015, 10:26 am
about how "the California courts and the voters have together given life to the California Constitution in a way that has spawned a few consequences that no one expected. [read post]
21 Apr 2015, 6:53 am
Circuit disagreed and therefore denied his petition for review. [read post]
21 Apr 2015, 2:17 am
He found that insolvency proceedings were ‘opened’ on the date on which the petition for an order to wind up the company was presented to the Court, in this case 20 July 2010. [read post]
20 Apr 2015, 1:29 pm
When they granted review, the Justices limited the issues before them to two questions: (1) whether the Constitution requires states to allow same-sex couples to marry; and (2) whether the Constitution requires states to recognize the marriages of same-sex couples who were legally married in another state. [read post]
19 Apr 2015, 9:01 pm
And when it attempts to do so, the majority wrote, it cannot use cost or convenience as an excuse. [read post]
17 Apr 2015, 10:00 am
Justice Ginsburg is the first Jewish woman to serve on the US Supreme Court. [read post]
17 Apr 2015, 6:11 am
It then limits their ability to use their office to benefit themselves or their partners by requiring them to not participate in matters that would financially affect the business. [read post]
17 Apr 2015, 6:00 am
The information is general in nature and does not constitute legal advice or any contractual obligations. [read post]
17 Apr 2015, 5:42 am
Alcede caused the Debtor to file a Chapter 11 petition, . . . which in turn resulted in the automatic stay barring the receiver from taking control of the Debtor and allowed Mr. [read post]
16 Apr 2015, 2:30 pm
So why doesn't Judge Tallman's theory equally obligate us to follow those (silly) state law procedural rules as well? [read post]
16 Apr 2015, 9:52 am
Separate from that, there’s a constitutional protection of religious liberty that allows people to live by the tenets of their faith both in their public and in private life. [read post]
16 Apr 2015, 9:37 am
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. [read post]
13 Apr 2015, 1:45 pm
Viken ruled that the procedures used by the four state officials in removing Indian children from their homes violated the due process clause of the 14th Amendment of the Constitution as well as the Indian Child Welfare Act (ICWA), which establishes minimum federal standards for the removal of Indian children from their families. [read post]
13 Apr 2015, 1:06 pm
The rest of us — judges included — can only study it. [read post]
13 Apr 2015, 12:50 pm
USTelecom's petition said the FCC's ruling is "arbitrary, capricious, and an abuse of discretion" and "violates federal law, including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and FCC regulations promulgated thereunder. [read post]
13 Apr 2015, 7:40 am
” The Court held that this finding constituted clear error. [read post]
13 Apr 2015, 5:19 am
Although the underlying question of what constitutes a “natural” cosmetic poses a fascinating question, it is not the one we answer. [read post]
