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5 Jun 2017, 1:37 pm
The Court of Appeal’s Analysis And Decision Reviewing the operative complaint de novo to determine whether it stated facts sufficient to constitute a cause of action on any legal theory, or whether appellants demonstrated a reasonable possibility of amending to do so, the Court of Appeal reversed, holding as a matter of law that res judicata did not apply in this case. [read post]
5 Jun 2017, 7:22 am
” Second, Cuellar did not use the account for personal matters during the time of his employment, as Hoofnagle did. [read post]
5 Jun 2017, 6:58 am
By Ronald Miller, J.D. [read post]
1 Jun 2017, 3:57 pm
Further, the action against the District fell within Code of Civil Procedure § 1094.5 and would thus have to proceed as an administrative mandamus action challenging the District’s final decision on the Authority to Construct based on the record made in Friends’ administrative appeal and matters judicially noticeable. [read post]
1 Jun 2017, 8:51 am
By Ronald Miller, J.D. [read post]
31 May 2017, 9:01 pm
Later versions of the Plan featured a state initiative that bound (as a matter of state law) state legislators to elect as senator the person who gained the greatest electoral support from the state‘s general electorate. [read post]
31 May 2017, 4:59 am
” Briefly: PrawfsBlawg is hosting a symposium throughout June on the court’s remaining cases and other court-related issues; guest authors include Will Baude, Daniel Epps, Leah Litman, Joe Miller, Andra Robertson, Stephen Sachs, Ian Samuel, Chris Walker and David Fontana. [read post]
30 May 2017, 11:43 am
The fact that second-generation immigrants are not assimilating into Western culture makes immigration policy more, not less, of a pressing matter. [read post]
30 May 2017, 6:55 am
By Ronald Miller, J.D. [read post]
27 May 2017, 1:56 pm
” Because the President’s travel ban is not “bona fide,” the court privileged cable news hits from Rudolph Giuliani and Stephen Miller over official statements of the Departments of Homeland Security, Justice, and State, to conclude that the policy was in fact animated by animus. [read post]
26 May 2017, 1:36 pm
Coon of Miller Starr Regalia. [read post]
26 May 2017, 10:12 am
Yesterday, in a highly anticipated 10-3 decision in International Refugee Assistance Program v. [read post]
25 May 2017, 8:39 pm
Tell her to talk to David or Rick or John Miller or anyone but me. [read post]
25 May 2017, 9:06 am
” Subway Equipment Leasing Corp., 169 F.3d at 326 (quoting Miller Brewing Co. v. [read post]
24 May 2017, 4:00 am
Last week, in Redesign, Sam Miller proposed redesigning the justice system. [read post]
24 May 2017, 3:16 am
The Supreme Court of the United States defined what is considered illegal obscenity in what has become known as “the Miller test” from Miller v. [read post]
22 May 2017, 7:39 pm
Miller v. [read post]
22 May 2017, 12:16 pm
(For another interesting Pennsylvania child porn case, see Miller v. [read post]
20 May 2017, 11:26 am
Miller, & Richard L. [read post]
19 May 2017, 10:04 am
No matter how tempting it is to yell at a person who is tailgating you, cut you off or swerving in and out of your lane, instead consider your exit strategy to remove yourself calmly from the situation. [read post]