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11 May 2010, 9:14 am by Carl Folsom
Then, "[u]nder Shepard, if a discrepancy exists, the government bears the burden of producing documents from the prior case and establishing that the defendant admitted or the jury found that the offense involved conduct triggering the enhancement. [read post]
6 May 2010, 11:21 am by Steve Vladeck
But those issues simply pale in comparison to the problems with the bill as currently drafted.Update: Here is a link to the bill.Update II: Because I couldn't resist, here is the Supreme Court from Kennedy v. [read post]
10 Nov 2010, 2:47 pm by Doug Reiser
Secondly, “alcohol energy drinks’ is an undefined term that could bear a myriad of meanings. [read post]
2 Jul 2020, 3:20 pm by Sam Brunson
A $2,250 tuition voucher (the amount involved in the court’s 2002 decision in Zelman v. [read post]
31 Mar 2016, 12:20 pm by James E. Novak, P.L.L.C.
In evaluating the possession challenge, the court noted that possession may be actual or constructive (State v. [read post]
31 Mar 2016, 12:20 pm by James E. Novak, P.L.L.C.
In evaluating the possession challenge, the court noted that possession may be actual or constructive (State v. [read post]
11 Mar 2016, 10:02 am by John Elwood
Another state-on-top habeas petition and likely second relist from the Sixth Circuit is Cook v. [read post]
10 Jul 2019, 4:38 pm by INFORRM
On 2 July 2019, Advocate General (AG) Bobek delivered his opinion in Case C-240/18 P Constantin Film Produktion GmbH v European Union Intellectual Property Office (EUIPO), advising that the EUIPO’s decision to reject the registration of the trade mark ‘Fack Ju Göhte’ because it was too offensive should be annulled. [read post]
5 Mar 2012, 5:33 am by Nicholas J. Wagoner
App'x 438, 438-39 (2d Cir. 2011) (stating individuals who resisted gang recruitment in El Salvador do not constitute a "particular social group" because their proposed group lacked "social visibility" and "particularity" and because the alleged persecution "did not bear the requisite nexus to a protected ground"). [read post]
29 Jan 2016, 8:30 am by azatty
Wherever you stand, this is a fantastic lesson in the First Amendment, playing out right in the heart of our state. [read post]