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9 Nov 2013, 9:27 am by Ken White
Whatever the merits of his arguments, First Amendment disputes are best resolved with competent counsel on both sides. [read post]
2 Aug 2018, 11:54 am by Eugene Volokh
It's pretty clear that, whatever the policy or moral merits of banning distribution of this hardware device might be, there's not a First Amendment problem with that. [read post]
7 Sep 2010, 3:02 pm by Oliver G. Randl
In any case the EBA is not empowered under the provisions of A 112a to decide on the merits of a case, which also necessarily implies that it has no power to control the normal exercise a board makes of its discretion in respect of admission of late-filed documents or remittal of the case under consideration to the first instance. [read post]
10 Aug 2011, 10:50 am by Jay Shepherd
You’re not looking to get into a debate about the merits of working there; you’re simply announcing your departure. [read post]
In the article, the author isolates the key elements of Beach J’s reasoning, and proceeds to carefully analyse their merit. [read post]
19 Oct 2023, 5:00 am by Stephen Wood
While this may have some merit, both students and hospitals also benefit. [read post]
12 Jan 2018, 1:11 pm by Dan
Hattie Ophelia Wyatt Caraway, a Democrat from Arkansas, becomes the first woman to be elected to the U.S. [read post]
20 Apr 2020, 9:23 am by Arthur F. Coon
Petitioners’ Opening Brief on the merits was filed February 10, 2020, and Respondent’s and Real Parties’ Answer Briefs were due on April 10, 2020, a date set prior to the COVID‑19 emergency orders, but have apparently (as of this post’s drafting) not yet been filed. [read post]
16 Aug 2007, 1:18 pm
  However, the First goes into how Massachusetts differs as to whether a judgment is on the "merits" or not from the Restatement. [read post]
26 Sep 2007, 4:28 am
This places federal employees in a less favorable predicament than their state and local employee counterparts who are able to directly proceed to court on their First Amendment retaliation claims under Section 1983.The issue examined in this paper for the first time is whether an alternative remedy of bringing a First Amendment Pickering claim to an administrative judge designated by the Merit Systems Protection Board (Board), and then potentially to the Board… [read post]
31 Jul 2012, 1:28 pm by Michael C. Smith
  The plaintiff did not respond (and in fact amended its complaint to delete the allegations of indirect infringement), and while Judge Clark noted that a party failing to respond to a motion is presumed not to oppose it under Local Rule CV-7(d), he nonetheless addressed the issue on its merits. [read post]
25 Dec 2014, 9:44 am by Jordan Bublick
  That is, the statute of limitations ran on this "old" foreclosure cause of action before the lender filed the second action.But the Court also held that a dismissal "with" prejudice is a "determination on the merits" indicative that the any alleged default or acceleration in the first foreclosure action was invalid or ineffective. [read post]
5 Aug 2024, 9:01 pm by renholding
 No likelihood of success on the merits The court held that even if ATS could establish irreparable harm, it had failed to establish a likelihood of success on the merits. [read post]
11 Feb 2021, 9:36 am by Yosie Saint-Cyr
As such, the serious nature of the teacher’s conduct created a need for a heavier response than would normally be merited for a first offence. [read post]
31 Jul 2012, 2:42 pm by Venkat
Melchert-Dinkel did raise one overbreadth argument that merited the court’s attention: the proscription on “encouraging” others to commit suicide. [read post]