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26 Mar 2010, 7:00 am by Anna Christensen
Fisher argued that the State’s claim-focused approach begged the question of what constituted a “second or successive” petition. [read post]
5 Mar 2015, 6:00 am by Maureen Johnston
At its Conference on March 6, 2015, the Court will consider petitions seeking review of issues such as a foreign official’s common-law immunity for acts performed on behalf of a foreign state, judicial review of a jurisdictional determination under the Clean Water Act, and a court’s denial of a criminal defendant’s constitutional right to testify. [read post]
4 Jun 2012, 7:53 pm by Matthew Bush
MorganDocket: 11-941Issue(s): Whether, in this qualified immunity appeal from a motion to dismiss, the Fifth Circuit's discussion of the merits of the underlying constitutional issues should be vacated because the Fifth Circuit correctly held that the law was not clearly established, the parties do not have a continuing interest in the legal issues at stake, and the Fifth Circuit's discussion of the constitutional issue constitutes an impermissible advisory… [read post]
Standard for Granting a Personal Restraint Petition Under Washington law, granting a defendant’s personal restraint petition constitutes extraordinary relief. [read post]
15 Aug 2019, 3:22 am by Steve Lubet
It is unacceptable for a doctor to use — or even advise someone to use — a medically unsound procedure. [read post]
25 Sep 2020, 12:30 pm by Andrew Hamm
Court of Appeals for the 9th Circuit erred in finding that Robert Massie’s actions constituted an excessive use of force in violation of the Fourth Amendment; and (2) whether, regardless of the answer to the first issue, the district court and 9th Circuit nonetheless erred in denying qualified immunity to Massie when it was not clearly established at the time of the incident (or now) that his actions constituted an excessive use of force in violation of the… [read post]
Specifically, the court held the Ohio Ballot Board must explain the definition of “electors” to avoid misleading voters about how many signatures are required for an initiative petition and use an accurate title for the proposed amendment on the ballot. [read post]
21 Nov 2014, 11:05 am by Valerie Howell
The petition presents the court with the question of whether a state's constitutional and statutory bans on same-sex marriage violate the due process and equal protection clauses of the Fourteenth Amendment to the US Constitution. [read post]
12 Mar 2008, 1:00 pm
  The FDA denied the petition in part because Aventis itself had used such cross references in similar circumstances. [read post]
4 Nov 2011, 8:36 am by Kiera Flynn
Gallagher Docket: 10-1032   Issue: (1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so, (2) what test should be used to analyze them. [read post]
20 Mar 2009, 10:21 am
Hamilton Bank of Johnson City, 473 U.S. 172 (1985), the decision that gave us the weird ripeness rules in regulatory takings. [read post]
16 Apr 2015, 9:37 am by Maureen Johnston
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. [read post]
15 Feb 2010, 2:20 pm by Erin Miller
United States Docket: 09-342 Issues: (1) What constitutes the proper denominator in the takings fraction under Penn Central Transportation Co. v. [read post]
22 Nov 2010, 11:02 am by Christa Culver
This edition of “Petitions to watch” features cases up for consideration at the Justices’ November 23 conference. [read post]
8 Sep 2008, 10:17 am
[Created through initiative petition filed July 2, 1952, and adopted by the people Nov. 4, 1952]Whole meal: Oregon Constitution. [read post]
24 Jun 2011, 3:25 pm by Christa Culver
Certiorari stage documents:Opinion below (9th Circuit) Petition for certiorari Brief in oppositionPetitioners' reply (forthcoming)Amicus brief of the Center for Constitutional Jurisprudence et al. [read post]