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14 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumMark Tushnet  For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
19 Jan 2020, 6:42 pm by Omar Ha-Redeye
All but one of the defendants failed to respond to the statement of claim, resulting in a deemed conclusion under Rule 19.02(1)(a) that the defendants admit the allegations against them. [read post]
3 Aug 2012, 5:00 pm
Ohio, 392 US 1, 20 L.Ed. 2d 889 (1968), a police officer may stop a person in a public place for a reasonable period of time if the officer reasonably infers that the person committed, is committing or is about to commit, an offense, including traffic offenses. [read post]
8 Jan 2009, 12:38 pm
On October 14, 2008, a federal district court in New York denied defendant pharmaceutical companies' motion for summary judgment after finding genuine issues of fact existed as to whether 1) the sham exception to antitrust immunity under the Noerr-Penington doctrine applied to defendants' filing of a Citizen-Petition to the FDA to block the approval of generic drug manufacturers' applications; and 2) defendants' Petition in… [read post]
29 Oct 2011, 7:03 am by SOIssues
The state does offer information about Level 1 offenders via a toll-free phone number. [read post]
22 Apr 2008, 12:26 pm
  (If it was filed by the court's deadline, the protocol does yet not appear to be publicly available.) [read post]
14 Feb 2014, 12:26 pm by Stephen Bilkis
The guarantee to a defendant of the right to trial by a jury of the vicinage is historically regarded as "vital"; the limitation of the right was one of the grievances that led to the American Revolution.1 Because of the importance of this right, New York courts have given the jurisdictional exceptions in drug arrest Criminal Procedure Law article 20 "a restrictive interpretation and operation." [read post]
19 Sep 2014, 8:26 am by Rebecca Tushnet
“Stated another way, the breach of contract claim looks at the 20% gratuity statement and asks how Plaintiffs can be put in the same situation they would be in had Defendants performed. [read post]
6 Apr 2020, 5:01 am by Eugene Volokh
The Complaint also avers that "the sexual battery charge alleged against John Doe was dropped on April 20, 2017. [read post]
11 May 2022, 4:00 am by Public Employment Law Press
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
11 May 2022, 4:00 am by Public Employment Law Press
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
11 May 2022, 4:00 am by Public Employment Law Press
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
11 May 2022, 4:00 am by Public Employment Law Press
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
5 Aug 2010, 8:04 am by Moseley Collins
Defendant does not cite the court to Paragraph 17 which incorporates all of the facts stated in the First Cause of Action. [read post]