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25 Dec 2016, 8:48 am by Howard Friedman
LEXIS 13507 (TX App., Dec. 21, 2016), a Texas state appeals court held that a provision in the state's Religious Freedom Restoration Act that bars a person filing suit if the burden on religious exercise has been cured does not allow the state to avoid liability by curing a burden once the suit has been filed. [read post]
23 Sep 2010, 5:00 am by Kimberly A. Kralowec
Consequently, any inability by Finelite to state a claim for restitution does not constitute a bar to Finelite's seeking injunctive relief. [read post]
26 Feb 2014, 11:00 am by Orin Kerr
(3) Score one for consistency: Justice Alito’s test for when officers can remove a objector to trigger the usual common authority test of United States v. [read post]
20 Apr 2018, 9:38 am by Buckingham
This is a follow-up to our recent post regarding the pending Supreme Court case South Dakota v. [read post]
24 Jul 2013, 1:37 pm by WIMS
The EPA further held the State agency had adequately responded to Petitioner's comments regarding the PSD requirements before it issued the permit. [read post]
12 Dec 2019, 4:33 pm by Jeff Gittins
The Utah Court of Appeals recently issued its opinion in the case of Allen Family Trust v. [read post]
11 May 2018, 9:29 am by Badrinath Srinivasan
The Committee stated: "Such change will cast the burden of proving the grounds of refusal on the party against whom such relief is sought.. [read post]
12 Aug 2014, 4:03 am by The Public Employment Law Press
[iv]See Education Law §390.3[v] When it was established in 1964 then professional employees could continue in their respective State retirement system or elect to participate in ORP. [read post]
5 Oct 2022, 12:03 pm by NARF
Burdened, but not burdened enough : A long-term solution to the difficulties posed by religious objections to resource development. [read post]
24 May 2019, 2:03 pm by Kent Scheidegger
I don't claim them as hard proof, but the burden of proof is on those who assert counter-intuitive propositions like "We can improve public safety by releasing more criminals sooner. [read post]
31 Jul 2008, 5:05 am
Contrasting the serious burden that the directive placed on the claimant's religious liberty with the weak justifications that the state offered for requiring the claimant's adherence to the directive, the article argues the implausibility of the narrow interpretation of the federal Free Exercise Clause that the Supreme Court adopted in 1990 in Employment Division v. [read post]