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12 Dec 2014, 7:31 am by Second Circuit Civil Rights Blog
Another tutorial from the Court of Appeals tells us what it takes to win an employment discrimination case, and how hard it is to prove that the employer's reason for firing the plaintiff is a pretext.The case is Mathew v. [read post]
11 Dec 2014, 6:28 am by Mark S. Humphreys
This is explained in a 1998, Houston Court of Appeals [14th Dist.] case styled, Williamson v. [read post]
27 Oct 2014, 4:36 am by SHG
Update:  At Volokh Conspiracy, Eugene Kontorovich argues that the ACLU suit will fail: Under the basic Mathews v. [read post]
14 Oct 2014, 5:24 pm by Stephen Bilkis
As stated in the dissent to Kalin, the criminal court of the State of New York must continue to ensure that such prosecutions do not become routinized or treated as insignificant or unimportant. [read post]
7 Oct 2014, 5:19 pm by Stephen Bilkis
" In Hamdi v Rumsfeld, the United States Supreme Court acknowledged that there is a tension "between the autonomy that the Government asserts is necessary in order to pursue effectively a particular goal and the process that a citizen contends he is due before he is deprived of a constitutional right as held in Mathews v Eldridge. [read post]
30 Aug 2014, 5:22 am
State of M.P., AIR 1954 SC 465] and control of import and export [Bhatnagars & Co. v. [read post]
29 Aug 2014, 12:27 pm by Stephen Bilkis
The second Mathews factor requires the Criminal Court to examine the risk of erroneous deprivation of the interest at stake as a result of the State's procedures and the probable value, if any, of additional or substitute safeguards with respect to that interest. [read post]
25 Aug 2014, 12:24 pm by Stephen Bilkis
In 1979, the United States Supreme Court in Addington v Texas held that constitutional due process required the government to prove two statutory preconditions by clear and convincing evidence before a court could commit an individual to a mental institution: (1) that the person sought to be committed is mentally ill; and (2) that such person requires hospitalization for his own welfare and protection of others. [read post]
27 Jun 2014, 2:00 pm by Matt Danzer
To evaluate this, the court runs through the familiar balancing-of-interests test articulated in the landmark case Mathews v. [read post]
26 Jun 2014, 4:00 am by SHG
Applying Mathews v Eldrige’s deprivation of rights analysis, Judge Brown considered the likelihood of erroneous deprivation. [read post]
25 Jun 2014, 11:13 am by Robert Chesney
Feeling the record remained insufficiently developed for her to complete the Mathews v. [read post]
24 Jun 2014, 8:19 am by Benjamin Wittes
The Fifth Amendment cases involve a a Mathews v. [read post]
8 May 2014, 9:00 am by Yishai Schwartz
Clement insists that the balancing test in Mathews v. [read post]