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11 Mar 2011, 6:21 am by Howard Wasserman
In reversing (and finding that some DNA-testing claims are cognizable under § 1983), the majority (per Justice Ginsburg) said the following about the sufficiency of the complaint:      Because this case was resolved on a motion to dismiss for failure to state a claim, the question below was “not whether [Skinner] will ultimately prevail” on his procedural due process claim, see Scheuer v. [read post]
18 Apr 2007, 6:23 am
But what he apparently states about the crash in his blog is consistent with what he has said in a sworn civil court case deposition. [read post]
9 Oct 2019, 5:01 am
State of Nebraska, 262 U.S. 390 (1923). [read post]
12 Nov 2021, 1:23 pm by Karen Gullo
—The Electronic Frontier Foundation (EFF) today urged the Supreme Court today to review and reverse a lower court decision in United States v. [read post]
4 Jan 2019, 4:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176].The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2018/2018_08481.htmClick here to Read a FREE excerpt from A Reasonable Disciplinary Penalty Under the Circumstances with respect to public employees in New York State. [read post]
24 Feb 2016, 4:00 am by The Public Employment Law Press
Accordingly, said the court, this case was governed by the rule of New York Times Co. v Sullivan, 376 US 254, in which the Supreme Court of the United States interpreted the First Amendment to the United States Constitution as embodying "the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. [read post]
4 Jan 2019, 4:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176].The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2018/2018_08481.htmClick here to Read a FREE excerpt from A Reasonable Disciplinary Penalty Under the Circumstances with respect to public employees in New York State. [read post]
28 Mar 2015, 4:30 am by Timothy P. Flynn
 That said, the AG really lands some compelling points in Michigan's brief.The issue, as framed by the SCOTUS and now amplified by the Michigan Attorney General, is whether states are required to license same-sex marriages; and whether states must recognize same-sex nuptials performed in another state.The Michigan AG asserts that in a democratic society, it is offensive to have un-elected federal jurists deciding such important intimate issues that have been… [read post]