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27 Oct 2012, 6:34 am by Mark S. Humphreys
The court excluded each of these documents based on the Tomberlains' objections that they constituted inadmissible hearsay. [read post]
26 Oct 2012, 1:47 pm by Linda McClain
Instead, it applied the four factors that the Supreme Court has used to decide whether a new classification qualifies as suspect or quasi-suspect. [read post]
26 Oct 2012, 9:48 am
In part, EID based that determination on legal analysis provided to the Tribe from the Office of the Solicitor for the federal Department of the Interior, which proclaimed that conditions imposed by LAFCO that regulate land use rather than water delivery are likely preempted by federal law because they conflict with the federally prescribed use of the land. [read post]
25 Oct 2012, 3:19 am
But that begs the question: what constitutes ordinary business care and prudence? [read post]
24 Oct 2012, 4:10 am by Legal Beagle
F.] consistently used this form of words to describe analyses of items which were identical or of common origin. [read post]
23 Oct 2012, 10:46 am by Florian Mueller
Basically, Samsung argues that implementing a FRAND standard without a license to all patents is an infringement, and importing such products into the U.S. market constitutes an act of unfair competition that the ITC should stop. [read post]
23 Oct 2012, 9:46 am by Jeff Vail
[any] matter constituting an avoidance or affirmative defense. [read post]
23 Oct 2012, 6:30 am by Matthew Gilpin
See Certiorari Petition.The FTC’s petition is the third petition in front of the Supreme Court. [read post]
21 Oct 2012, 9:01 pm by David S. Kemp
Setting the Stage for Supreme Court Review Among the many cases challenging the constitutionality of DOMA, five are the subject of certiorari petitions. [read post]
21 Oct 2012, 9:01 pm by David S. Kemp
Setting the Stage for Supreme Court Review Among the many cases challenging the constitutionality of DOMA, five are the subject of certiorari petitions.  [read post]
19 Oct 2012, 3:16 pm by Cicely Wilson
City of Seattle, et al, US 9th Cir. (10/15/12) Civil Rights, Constitutional Law, Government & Administrative Law Plaintiffs, Yellow Page Companies, challenged the validity of Seattle’s imposition of substantial conditions and costs on the distribution of yellow page phone directories (Ordinance 123427). [read post]
18 Oct 2012, 11:49 am by Arthur F. Coon
VRL failed to exhaust its administrative remedies on the issue whether the cumulative impact exception constituted an additional ground for affirming the judgment; VRL’s generalized comments, regarding growth-inducing impacts, that approval of the project would “redirect water from other uses and thus involve offsite [environmental] impacts” were insufficient. [read post]
18 Oct 2012, 11:49 am by Arthur F. Coon
VRL failed to exhaust its administrative remedies on the issue whether the cumulative impact exception constituted an additional ground for affirming the judgment; VRL’s generalized comments, regarding growth-inducing impacts, that approval of the project would “redirect water from other uses and thus involve offsite [environmental] impacts” were insufficient.  [read post]
16 Oct 2012, 4:40 am by Robert Thomas (inversecondemnation.com)
To us, the most curious claim he makes is that the Court should not have addressed the issue at all, since the property owners had not properly raised their federal constitutional claims below, and that if a petitioner only brings up the judicial takings claim in the course of a petition for rehearing in the state supreme court, she has not preserved the issue. [read post]
15 Oct 2012, 9:17 am by The Charge
  As we perfect the union, we must learn from and take from the past ideas and visions that will urge us forward. [read post]