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23 Mar 2007, 2:10 pm
.), cert. denied, 537 U.S. 947 (2002).SG's Brief in Opp at 11.The SG then assures us that despite that circuit split, courts of appeals have . . . been in broad agreement on two principles. [read post]
14 May 2008, 8:53 am
Based on this record, the trial judge found that bio-mom had not waived her primary constitutional rights, and thus the court would not make a custody determination using a best interest standard to evaluate the older woman's claim. [read post]
18 Mar 2013, 12:45 pm by Cornell Library
The full text of the article follows: Article 7: To see if the voters of the Town of Strafford will vote to petition, alone or with other communities, the passage of the following amendment to the Constitution of the State of Vermont:Chapter 1, Article 22 (Rights of Nature). [read post]
5 Oct 2020, 10:40 am by Jeremy T. Rosenblum
Even if ratification can cure constitutional violations, it cannot do so where the violation limited the agency’s power to act. [read post]
21 May 2012, 8:06 am by David Kravets
The appeals court agreed with the government, and said the judge should have considered reducing the jury’s verdict under what is known as “remittitur.” That is a little-used power beholden to judges, and they assert it without considering the constitutional basis of the original award. “The district court should first have considered the non-constitutional issue of remittitur, which may have obviated any constitutional due process issue… [read post]
28 Nov 2011, 6:42 am by Joshua Matz
Reinhardt emphasizes that, through their constitutional reasoning, “the justices will be making major health policy. [read post]
20 Feb 2019, 6:34 pm by Bob Eisenbach
Overall, the Justices seemed to be struggling with how to square Section 365(g)’s language that rejection “constitutes a breach” with the fact that the section uses the bankruptcy-specific term “rejection” as opposed to a more common contractual term. [read post]
23 Mar 2009, 12:38 pm
Legislation -- Regulation and discipline of lobbyists -- Chapter 2005-359, Laws of Florida, codified at sections 11.045 and 112.3215, Florida Statutes (2008), which provides for the regulation and discipline of lobbyists, is constitutional -- Act does not violate separation of powers doctrine -- Since the regulation, discipline, and licensing of lobbyists is not subject to the control of any branch or office, the Legislature is not prohibited from using its own discretion and… [read post]
24 Oct 2007, 10:02 am
The court used the "Overbreadth Doctrine" to strike down the statute. [read post]
16 Apr 2012, 2:03 pm by Steve Hall
And I offer them for the rest of us, too. [read post]
25 Oct 2010, 4:46 pm by Gritsforbreakfast
"I'm looking forward to reading Halliday's book myself and may have more to say on the subject after I've done so, but in the meantime Vladek's review offers some thought provoking fodder for anyone interested in the topic.RELATED: On the usefulness and limits of federal habeas petitions [read post]
28 Dec 2006, 2:40 am
How to Use: Baldrich is an admirable fight on bad facts. [read post]
20 Feb 2019, 8:59 am by Bob Eisenbach
” Overall, the Justices seemed to be struggling with how to square Section 365(g)’s language that rejection “constitutes a breach” with that section’s use of a bankruptcy-specific term, “rejection. [read post]
15 Mar 2012, 3:00 pm
After seven years at FCC, Morel filed a petition for a writ of habeas corpus seeking full access to the comprehensive SOTP. [read post]
23 Sep 2021, 8:16 pm by Amy Howe
Casey, holding that the Constitution protects the right to have an abortion before the fetus can survive outside the womb. [read post]
28 Feb 2010, 11:52 am by Michael Ginsborg
When I used to read about things that happened to gay people that didn’t have rights, it inspired me to become a lawyer. [read post]