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19 Jul 2012, 6:59 am by Eric Osterberg
The Second Circuit has not yet spoken directly on this question, though it has suggested that the presumption may still have some force in trademark cases; see Zino Davidoff SA v. [read post]
18 Jul 2012, 11:59 pm by Eric Osterberg
The Second Circuit has not yet spoken directly on this question, though it has suggested that the presumption may still have some force in trademark cases; see Zino Davidoff SA v. [read post]
23 Apr 2010, 4:00 am by Howard Friedman
Department of Justice filed a Notice of Appeal to the 7th Circuit in Freedom From Religion Foundation, Inc. v. [read post]
13 Aug 2015, 2:00 am by Sam Claydon, Olswang LLP
  They made the following pertinent observations: applying Swift v Secretary of State for Justice [2013] EWCA Civ 193, under the Convention a state need only pursue a legitimate aim in a proportionate way: Strasbourg does not demand that it do any more; the court must give considerable weight to informed legislative choices, at least where the state is seeking to reconcile the competing interests of different groups in society; and a legislative or regulatory… [read post]
9 Nov 2007, 6:16 pm
Banegas CA2/2 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. [read post]
3 Jul 2014, 6:12 am by Adam Santucci
In those states where fair share fees are authorized by law, non-union member employees are typically forced to pay the fair share fee. [read post]
29 Mar 2013, 12:46 pm
Similarly, in Port Washington Union Free School Dist. v Port Washington Teachers Assn., 268 AD2d 523, the Appellate Division ruled that a CBA provision that allowed a teacher to be absent with pay on "any of the religious holidays designated by the New York State Commissioner of Education" without charging his or her absence to leave credits violated the Establishment Clause of the First Amendment of the United States Constitution. [read post]
13 Aug 2015, 2:30 pm
Supreme Court Justice Stephen Breyer in his recent powerful dissent in Glossip v. [read post]
24 Mar 2019, 6:30 am by Dan Ernst
Finally, there is no need to force a reading onto the Privileges or Immunities Clause that authorizes the Civil Rights Act. [read post]
10 Sep 2013, 9:58 am by Michael F. Smith
Given the fundamental question it poses regarding an electorate’s right to amend its own state constitution, Schuette v. [read post]
7 Aug 2015, 6:10 am
Plaintiff is Caucasian and a Canadian citizen with Permanent Resident status in the United States. . . . [read post]