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11 Mar 2013, 8:12 am by David Gans
More than a week after oral argument in Shelby County v. [read post]
20 Jan 2016, 8:52 am by Abbott & Kindermann
Resources Code, § 21050 et seq.) to a state agency’s proprietary acts with respect to a state-owned and funded rail line or is CEQA not preempted in such circumstances under the market participant doctrine (see Town of Atherton v. [read post]
3 Mar 2016, 5:19 am
  Before Hamilton, Texas had been the largest state left in the country where its highest court (or legislature) had not adopted the learned intermediary rule (Indiana is now), but no longer:Until now, we have not considered a case that squarely presents the applicability of the learned intermediary doctrine within the context of prescription drug products-liability cases. [read post]
17 Feb 2015, 10:35 pm by Kirk Jenkins
As we discussed at length here, the plaintiffs point out that the Convention sponsors intended the Clause, to a considerable degree, as a response to Spina v. [read post]
14 Jan 2016, 8:43 pm by Old Fox
============================================Some interesting background here on the Citizens United v. [read post]
5 Feb 2011, 6:55 pm by Stuart Buck
Beyond this historical case, a healthcare provider’s right to make this decision also fits squarely within the zone of individual decision-making protected by the Court’s opinions in Casey and Lawrence v. [read post]
29 Sep 2020, 6:13 pm by Anna Salvatore, Benjamin Wittes
Flynn filed a motion to compel certain material under Brady v. [read post]
24 May 2012, 2:29 pm by Eugene Volokh
(Eugene Volokh) So held a Florida trial court judge, and he wasn’t the first — I think I’ve seen this in a few cases, but the one for which I have a citation is State v. [read post]
5 Mar 2011, 11:57 am by Bill Otis
  I had the privilege of squaring off with an exceptional opponent, Lt. [read post]
23 Jan 2012, 6:45 am by Joshua Matz
At the San Jose Mercury News, Howard Mintz discusses United States v. [read post]
23 Jan 2012, 6:45 am by Joshua Matz
At the San Jose Mercury News, Howard Mintz discusses United States v. [read post]
26 Jun 2014, 3:39 pm by Stephen Bilkis
Matter of Town of Islip v Caviglia delineates the proper balance between community needs and free expression under our Constitution in this state. [read post]