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5 Oct 2017, 8:05 am
The developer, joined by a small army of amici, argues that such legislatively set permit conditions are subject to scrutiny under the “unconstitutional conditions” doctrine, but states that California case law limits the application of the doctrine to adjudicative decisions. [read post]
13 Aug 2014, 3:58 pm
From today’s Dejoria v. [read post]
18 Aug 2023, 6:13 am
" Likewise, Rosenblatt v. [read post]
15 May 2018, 9:21 am
Now, the Eleventh Circuit in Gutierrez v. [read post]
7 Nov 2008, 1:38 pm
His conduct was passive, responding to questioning rather than affirmatively seeking a discussion with police (as the defendant in State v. [read post]
1 Dec 2019, 9:01 pm
In Gill v. [read post]
28 Apr 2011, 7:42 pm
The exemption for institutions with less than $10B in consolidated net assets is likely to be real--if Visa doesn't treat the small banks well, it lets MC grab market share, so V will treat them well and keep interchange fees for small banks where they are. [read post]
2 Oct 2020, 8:33 am
In FTC v. [read post]
19 Aug 2024, 11:02 am
In Doe v. [read post]
9 Jan 2023, 4:54 am
In State v. [read post]
21 Aug 2007, 1:14 am
Silva thus represents a small, if consequential, lowering of the standard. [read post]
14 Jul 2009, 2:33 pm
While the Consumer Product and Safety Commission is the agency that oversees the law, it is very small and thus relies on the state to carry out enforcement. [read post]
27 Apr 2010, 3:24 pm
UPDATE: It appears I did misunderstand what Balkin meant, and he has made a small clarifying edit to the language I quote above to make clear that he thinks the argument that this law is preempted is stronger than was the case in De Canas v. [read post]
16 Apr 2022, 2:49 pm
Graham v. [read post]
2 Dec 2016, 9:18 am
The provision was declared unconstitutional in United States v. [read post]
22 Jun 2009, 6:00 am
Freedman v. [read post]
7 Jul 2015, 1:04 pm
State v. [read post]
22 Jul 2008, 5:27 pm
According to this Court, in New York State Board of Elections v. [read post]
22 Jun 2009, 6:00 am
Freedman v. [read post]
20 Jun 2023, 10:01 am
The Act thus cannot be justified by Bishop v. [read post]
