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29 May 2009, 4:12 am
Further, "in reviewing a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the facts as alleged in the complaint must be accepted as true, the plaintiff is accorded the benefit of every possible favorable inference, and the court's function is to determine only whether the facts as alleged fit within any cognizable legal theory" (Kupersmith [*2]v Winged Foot Golf Club, Inc., 38 AD3d 847, 848; see Leon… [read post]
The overbreadth doctrine is “strong medicine,” and has a tendency, as Justice Antonin Scalia noted in United States v. [read post]
13 Jul 2021, 6:30 am by Guest Blogger
 The premise of the new Skowronek book is elegant and true as a description of political dilemmas facing the Administrative State. [read post]
22 Aug 2011, 9:53 am by John Mikhail
It is the only part of the Necessary and Proper Clause quoted by Chief Justice Marshall in United States v. [read post]
27 Feb 2020, 12:52 pm by Eva Lopez
The same holds true when you fire an employee for coming to work as a woman because she was assigned male at birth. [read post]
13 Sep 2008, 11:21 am
Above his signature, the form contained an attestation, under the pains and penalties of perjury, that the information provided by the defendant was true and accurate. [read post]
27 Apr 2012, 4:10 am by Russ Bensing
  That was followed by the ruling in State v. [read post]