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26 Jul 2010, 9:04 pm
Alternatively, plaintiffs could can [sic] file a citizen petition at any time seeking FDA's views as to the claimed grandfather status of their drug, and FDA's response to such a petition constitutes final agency action subject to immediate judicial review under the APA. [read post]
9 Nov 2022, 9:01 pm
I have returned again and again to the phrase “dead democracy walking,” arguing that the US’s constitutional system, the rule of law, and thus democracy itself are already in their death throes, and we are merely waiting for the inevitable end to arrive.I have tried to hold open the possibility that my diagnosis and prognosis could be wrong, hoping that my being realistic does not cause other people to be fatalistic. [read post]
21 Aug 2023, 4:34 am
In the typical fact pattern giving rise to an oppressed minority shareholder’s petition for judicial dissolution, there’s little mystery about the occurrence and timeline of the kinds of events typically constituting oppressive conduct: The petitioner’s employment is terminated. [read post]
30 Jan 2011, 6:59 am
Thus, it may be useful to think hard about why exactly an outdoor rally is an effective means of making a point. [read post]
1 Oct 2009, 1:34 pm
App. at 685, and despite the use of the word "traitor. [read post]
25 Feb 2008, 8:18 pm
Kentucky (1986), the court struck down the evidentiary rule from Swain and instead required only “an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. [read post]
12 Jan 2010, 12:06 pm
Only a few years ago, many Republicans were critical of the filibuster when it was used to block George W. [read post]
21 Jul 2020, 9:01 pm
In strictly formal terms, one might think that the so-called Notwithstanding Clause makes constitutional rights subject to legislative supremacy, but in fact the Clause has never been used by the national Parliament and, outside of Quebec, has very rarely been invoked by provincial legislatures. [read post]
4 Jul 2023, 7:11 am
The freedom of religion, speech, petition, the right to bear arms, and many other important rights included in our Constitution are not mentioned in America’s founding document, but the right to a trial by jury is. [read post]
24 Jul 2015, 4:31 pm
Any such outlawing of the use of the veto power would unilaterally increase the legislature’s own power, by eviscerating the governor’s power to veto legislation he does not “approve” of — even though, under the Texas Constitution, every legislative bill is subject to veto. [read post]
11 Jul 2018, 11:58 am
(This led him to quote the somewhat infamous "the Constitution is not a suicide pact" line, one of my least favorite First Amendment rhetorical tropes.) [read post]
1 Mar 2021, 10:11 am
Kobes claims that the speech and associations permitted to be used as evidence of boycotting are intended only to establish “the element of intent. [read post]
18 Sep 2020, 8:37 am
Santa Fe County had a user-friendly video on the different ways to obtain and use an absentee ballot. [read post]
7 Jul 2012, 2:21 pm
Whether the government’s failure to disclose favorable information to the defense deprived Appellant of his constitutional right to a fair trial. [read post]
20 Aug 2010, 6:00 am
The information is general in nature and does not constitute legal advice or any contractual obligations. [read post]
26 Dec 2016, 1:20 pm
These include David Petraeus, a former CIA Director who lied to FBI investigators about leaks of classified documents to a mistress for use in a book glorifying his record. [read post]
1 Aug 2016, 8:15 am
Mom’s PCRA Petition, raising the same issue, was dismissed.Mom’s Section 2254 habeas petition raised again the trial court’s error in excluding the investigator’s testimony concerning Grandmom’s confession. [read post]
1 Apr 2016, 8:56 am
First, “the public accusations by Van Liew that Stansfield was ‘corrupt and a liar’” were fully protected speech: These remarks about a local public official constituted political speech and were at the core of the speech that the First Amendment to the United States Constitution protects. [read post]
11 Dec 2018, 5:46 pm
On November 26, 2018, the Court granted PG&E’s petition for rehearing on that issue, and denied the Appellants’ earlier-filed petition for rehearing on other issues in the case. [read post]
4 Aug 2010, 1:59 pm
Procedures for the use of electronic hearings are set forth in Rule 12D-9.026. [read post]
