Search for: "IN RE AMENDMENT OF RULES GOVERNING ADMISSION TO PRACTICE OF LAW"
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2 Aug 2018, 9:30 pm
” WHAT WE’RE READING THIS WEEK In a forthcoming article for the UC Davis Law Review, professor Howard F. [read post]
3 Dec 2015, 12:25 pm
In a dissent from denial of cert. that wound up just one vote short, Justice Antonin Scalia, joined by Justices Clarence Thomas and Samuel Alito, urged that “nothing in our precedents clearly establishes the[] admissibility [of such recantations] as a matter of federal constitutional law. [read post]
29 Sep 2021, 4:09 pm
Re-hearings must conclude within 120 days after FWD. [read post]
11 Oct 2023, 11:17 am
In short, she says neither court applied the right test, which should have focused on “a practical assessment of the degree to which the state law will impede the exercise of those powers”; the 2nd Circuit’s decision was “especially flawed because it logically implies that substantially all State consumer financial laws will be preempted,” in contravention of the Dodd-Frank Act. [read post]
15 Jul 2022, 12:23 pm
Perhaps one of the worst accusations that can be thrown at a judge is that they’re inconsistent, since it implies that the judge is ruling according to his or her whim rather than the rule of law. [read post]
11 Feb 2021, 8:11 am
Theoretically, she could be expelled again, but not as a practical matter. [read post]
27 Sep 2011, 8:32 am
The Court has issued three major rulings since 1974 on that dispute, but its end is not in sight. [read post]
16 Oct 2014, 7:57 am
United States, 13-1487, is a two-time relist (and sentimental favorite) that asks whether a federal-law prohibition on felons possessing firearms prevents the government from transferring felons’ firearms on their behalf. [read post]
29 Nov 2007, 7:45 am
But why are we making such a big deal of these briefs, you might ask (especially if you're not a litigator). [read post]
13 Jan 2010, 6:37 am
The case this post deals with is a federal case, which means that Rule 901 of the Federal Rules of Evidence governed the process of authenticating evidence. [read post]
19 Jun 2014, 2:48 pm
Deregistration Laws and Their Limitations In 2005, the Texas Legislature amended the Texas Code of Criminal Procedure to allow for some people to be removed from the Texas Sex Offenders Database. [read post]
25 Feb 2010, 8:08 am
Hartman Docket: 09-606 Issue: (1) Whether various provisions of the Fair Debt Collection Practices Act are unconstitutional as applied to literally true but potentially misleading representations in pleadings under the First Amendment, Fifth Amendment, and the Commerce Clause; and (2) whether evidence that a debt collector acted in good faith and reasonably under the circumstances qualifies for the FDCPA’s “bona fide error” defense. [read post]
5 Jun 2014, 9:14 am
” He added, “Those who drafted an Amendment with this basic purpose in mind would have understood the legal and practical difference between the use of race-conscious criteria in defiance of that purpose, namely to keep the races apart, and the use of race-conscious criteria to further that purpose, namely to bring the races together. [read post]
15 Dec 2014, 10:53 am
[Blogger's note; Probably the most gratifying element of practicing immigration law is watching clients flourish. [read post]
12 Nov 2017, 12:25 pm
" In re Transtexas Gas [read post]
12 Nov 2017, 12:25 pm
" In re Transtexas Gas [read post]
16 Nov 2021, 12:00 am
There are few rules on what law enforcement can do with the data they download, and not very many policies on how the information should be stored, shared, or destroyed. [read post]
12 Mar 2024, 12:46 pm
”[4] By 2011, or so, the case law interpreting common law and statutory rules about ethics and motive opinion generally tilted in favor of the defense.[5] Courts routinely excluded expert witness opinions about corporate knowledge, motivations, and intent, as irrelevant and inadmissible under Rule 702. [read post]
8 Nov 2017, 7:40 am
Bullock, 870 S.W.3d 2, 3 (Tex. 1994); In re E.A.G. [read post]
14 May 2019, 8:15 am
The Phillips Court observed that a law that is neutral and of general applicability need not be justified by a compelling government interest even if it has the incidental effect of burdening a particular religious practice. [read post]
