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8 Aug 2016, 6:42 am
Although the intention behind some of the provisions is welcome, the wording of the sections require serious reconsideration. [read post]
7 Aug 2016, 3:43 am by SHG
As we made clear in Meritor Savings Bank, FSB v. [read post]
5 Aug 2016, 8:00 am by Dan Ernst
Kras (1973) – Henry Rose“The Poor People Have Lost Again”: San Antonio Independent School District v. [read post]
5 Aug 2016, 5:40 am by SHG
It is well-settled law that legislative enactments carry a strong presumption of constitutionality (People v Stuart, 100 NY2d 412, 422 [2003); People v Scott, 26 NY2d 286, 291 [1970)) Thus, a party seeking to find a statute unconstitutional bears a heavy burden and “must demonstrate, ‘beyond a reasonable doubt’, that the statute suffers from ‘wholesale constitutional impairment'” (People v… [read post]
4 Aug 2016, 12:32 pm
The state had previously filed a compliant brief that covered many of the same points, but we ordered replacement briefs in light of Daire v. [read post]
4 Aug 2016, 12:21 pm by Richard Primus
  If Gary Johnson had said "I'd want Justices who applied the jurisprudence we associate with Lochner v. [read post]
3 Aug 2016, 8:05 am by S
The result – which was positive for GS – is potentially of considerable assistance for similar people. [read post]
2 Aug 2016, 12:50 pm by John Rubin
App. ___, 768 S.E.2d 619 (2015) (defendant stated only that he got gun an hour earlier because people were threatening his life; evidence of generalized fear insufficient). [read post]
2 Aug 2016, 12:50 pm by John Rubin
App. ___, 768 S.E.2d 619 (2015) (defendant stated only that he got gun an hour earlier because people were threatening his life; evidence of generalized fear insufficient). [read post]