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7 Mar 2008, 12:47 am
The Supreme Court has held repeatedly and in no uncertain terms that courts must first resolve the merits, an order of decision 'necessary to set forth principles which will become the basis for a [future] holding that a right is clearly established.' "   [read post]
27 Jun 2012, 1:34 pm
According to supremecourt.gov, the time for the parties to file their briefs on the merits has been extended until August 31, 2012. [read post]
12 Jun 2011, 11:37 am by Jamison Koehler
 If you are part of the first generation of Americans who assume women merit full equality instead of grudging acceptance, will you not have done better than we did? [read post]
12 Dec 2007, 10:51 am
Or, alternately, address the merits and decide one way or the other whether those tree-shaped things are legal or not. [read post]
18 Jul 2011, 4:23 am
Retaliatory prosecution alleged to be in violation of First Amendment is not governed by the arguable probable cause standard of the Fourth Amendment: “Accordingly, we address this argument on its merits and conclude that arguable probable cause does not apply to a First Amendment retaliatory inducement to prosecution case because probable cause is not an element of the First Amendment right allegedly violated. [read post]
5 May 2009, 8:33 am
As applied by the court of appeals, the first step in the analysisâ€â [read post]
15 Apr 2008, 3:02 pm
It specifically concluded that broadcasting, as a conduit, merited less rigorous first amendment review because of scarcity, the historic extent of governmental involvement in broadcasting, and the ongoing public interest in access to this intensely regulated medium. [read post]
1 Sep 2007, 6:07 am
  Here is the FAMM's account:Senate to hold first-ever hearing on crack cocaine: For the first time in 20 years, crack cocaine sentencing is a major issue in Congress. [read post]
31 Aug 2011, 11:16 pm by The Complex Litigator
According to Flagship, under previous ownership the River and the Palme obtained roughly equal numbers of first-run films, but under Century the River now obtains licenses for far more first-run films than the Palme, the few that are left to the Palme are commercially inferior, and the imbalance is not based on the relative merits of the Palme's and the River's bids. [read post]
4 Nov 2009, 12:49 pm
The suit had been widely lampooned around the legal blogosphere, both for its lack of legal merit as well as the resulting public relations debacle. [read post]
13 Jan 2010, 3:33 pm by Goldberg Segalla LLP
  First the court held that plaintiff’s cross-motion to enjoin a separate action pending in New York court based on the “first-filed” rule is without merit. [read post]
29 Jun 2007, 11:25 am
  But, on the merits, the First notes that the record reveals that his CFS is related to his pre-existing condition of schizophrenia. [read post]
18 Jun 2012, 4:28 pm by Courtney Minick
However, on the merits, appellant had not shown that the gag order violated the First Amendment since the gag order was not overly broad on its face. [read post]
12 Jul 2010, 6:10 am by Daniel Schwartz
Earlier this month, a Superior Court judge threw out the lawsuit concluding that Gombossy's legal claim was without merit. [read post]
19 Jan 2013, 4:18 am by Marty Lederman
  If, on its first added Article III question, the Court holds that it has jurisdiction to reach the merits in Windsor, then it won’t matter whether BLAG has standing as a party. [read post]