Search for: "State v. Burden" Results 721 - 740 of 24,598
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6 Oct 2010, 1:08 pm by Alfred Brophy
The Court raised the evidentiary burdens of plaintiff’s prima facie case considerably, and shifted the burden of proof on truth or falsity, such that tort liability met First Amendment demands. [read post]
13 Feb 2009, 3:45 pm
In United States v. 480.00 Acres of Land, No. 07-13584 (Feb. 11, 2009), the US Court of Appeals for the Eleventh Circuit (which covers Alabama, Florida, and Georgia), held "in order for a fact finding body to ignore a regulation in calculating 'just compensation' for a given piece of property, the landowner must show that the primary purpose of the regulation was to depress the property value of land or that the ordinance was enacted with the specific… [read post]
21 May 2019, 5:23 am by ASAD KHAN
Hence Irwin LJ found that the “underlying principle in Zambrano is undisturbed by Chavez-Vilchez” and in the latter case the referring court was looking for guidance in circumstances where a child was dependent on one non-EU parent with no right of residence; circumstances in which the state must ensure a careful process of enquiry. [read post]
5 May 2007, 5:47 pm
I think I was right at the time, but I no longer believe this is a tenable interpretation of Kennedy's view of the undue burden standard in Gonzales v. [read post]
30 Oct 2020, 2:16 pm by Lindsay See
Broad application and absence of religious hostility are dispositive, not the severity of the free-exercise burden nor the importance of the state’s interest. [read post]