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2 Nov 2020, 11:15 am by Amy Howe
Such a requirement, the state argued, “would be an extraordinary burden on States — all while this Court assured States in Montgomery that retroactively implementing Miller’s rule would not impose an onerous burden. [read post]
2 Jul 2018, 6:14 pm by Eric Goldman
It says “Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. [read post]
13 Jun 2011, 3:01 pm by Eugene Volokh
May 2, 2011) (applying a “substantial burden” test to determine whether to apply heightened scrutiny to county ordinance);United States v. [read post]
2 Mar 2010, 2:52 pm by PaulKostro
Innes, 117 N.J. 496, 518 (1990) (stating a settlement agreement should be enforced by a trial court only to the extent it is equitable and just); Miller v. [read post]
23 Oct 2022, 6:43 am by jonathanturley
It seems axiomatic that the forced disclosure of associational contacts with the head of the state Republican party will have an associational burden. [read post]
21 Mar 2010, 12:50 pm by Howard Friedman
LEXIS 23848 (ED CA, March 15, 2010), a California federal magistrate judge concluded that inmates failed to state a claim against the California State Personnel Board in connection with their complaint that no Wiccan prison chaplains were hired for their facility.In Jackson v. [read post]
27 Dec 2010, 9:06 am by Andrew Lavoott Bluestone
Here, summary judgment dismissing plaintiff's cause of action alleging a breach of fiduciary duty was properly granted since defendants met their burden on their motion and, in opposition, plaintiff failed to raise a question of fact that defendants' breach proximately caused it any ascertainable damages (see Boone v Bender, 74 AD3d at 1113; Brodeur v Hayes, 18 AD3d 979, 980-981 [2005], lv dismissed and denied 5 NY3d 871 [2005]). [read post]
8 May 2022, 3:29 am by SHG
Besides, the editors continued, “perhaps in a post-Roe v. [read post]