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21 Jun 2011, 4:56 am by Glenn Reynolds
TAKING A SECOND LOOK AT THE NOTION OF A GENETIC BASIS FOR CRIME: It was less than 20 years ago that the National Institutes of Health abruptly withdrew funds for a conference on genetics and crime after outraged complaints that the idea smacked of eugenics. [read post]
26 Feb 2014, 8:28 pm by JD Hull
Finding that it failed to meet the rational basis test--not "rationally related to a legitimate government interest"--a federal judge in San Antonio just declared Texas’ ban on gay marriage unconstitutional. [read post]
26 May 2009, 12:21 pm
Because of the taxable inclusion in the state there is stepped up basis under the Internal Revenue Code. [read post]
27 May 2012, 2:56 pm by LindaMBeale
  Gender discrimination has ordinarily been thought to require more than a mere "rational basis" justification. [read post]
3 Nov 2008, 8:54 pm
The North Carolina Business Court today denied Plaintiff's request for expedited discovery in the putative shareholder class action seeking to enjoin the Wachovia-Wells Fargo Merger, but agreed to decide Plaintiff's Motion for a Preliminary Injunction on an expedited basis, setting a hearing three weeks from today. [read post]
13 Jun 2012, 5:36 am
Merely alleging there was a basis for a suppression motion that was not filed does not allege IAC under Strickland. [read post]
20 Sep 2016, 1:27 pm
This approach is grounded in embracing the “stage setting” elements  of the mandate; that is, to frame a treaty that can provide a basis for movement toward a more transformative goal but to do it in a way that opens possibilities while not coercing them. [read post]
28 Apr 2017, 9:56 am by Miquel Montañá
But when looking from the continent at what’s happening on the island, one wonders what the legal basis is for applying a new alleged ground for invalidity and, furthermore, for applying it retroactively. [read post]
2 Sep 2013, 9:01 pm by Neil Cahn
The failure of the now-deceased wife to disclose that she was suffering from terminal cancer at the time the parties entered their divorce settlement agreement was not a basis to set aside that agreement. [read post]
30 Oct 2006, 5:43 am
Ortiz-Zayas (discussed here) -- in which he found that co-defendant disparity could serve as the basis for a non-Guidelines sentence. [read post]
17 Apr 2015, 2:11 am by Paul Caron
Following up on Monday's post, the House voted 240-179 yesterday to repeal the estate tax and preserve step-up in basis at death: Bloomberg, Parties Clash Over Wealth as House Votes to Kill Estate Tax Daily Caller, Killing The Death Tax Is Good Economics Forbes, House Votes 240-179 To Repeal Estate... [read post]
27 Feb 2021, 5:07 pm by Howard Friedman
Therefore plaintiff church was not exempt from the San Rafael's Paramedic Tax which is assessed on the basis of property square footage, not property value. [read post]
14 Jun 2013, 10:43 am
District Court of Appeals earlier this week ruled that a trial court has the discretion to extend a probation period when there is a rational basis to do so. [read post]
16 Apr 2011, 11:42 am by JT
Term 2d Dept. 2011) “The papers substantiate the basis for the EUO request. [read post]
16 Jul 2020, 2:42 pm by Stephen Stich
Entities that relied on the Privacy Shield will immediately need to find another basis for their EU-US personal data transfers. [read post]
14 Nov 2017, 9:10 pm by Jonathan Bukowski
While many carriers continue their attempt to exclude overhead and profit from property damage claim payments made on an actual cash value basis, the majority approach across the United States has been to include general contractor overhead and profit in actual cash value payments for losses where repairs would be reasonably likely to require a... [read post]
29 Jan 2018, 9:30 pm by Richard J. Pierce, Jr.
The experience of the Republicans who head agencies will expose as a myth the recurrent claim that was the basis for the past efforts of congressional Republicans to “reform” the rulemaking process and judicial review of that process. [read post]
27 Jan 2017, 7:46 am by Legal Profession Prof
The Maine Supreme Judicial Court answered a series of certified questions concerning a failed contraception procedure did not form the basis of a "wrongful birth" claim [The plaintiff] alleg[ed] that in February 2012, at a community health center for which... [read post]