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15 Dec 2020, 11:40 am by Jay Chambers
The results of the senate elections and the makeup of the courts will have massive impacts on what can be accomplished with regards to the 2nd Amendment. [read post]
23 Jan 2017, 6:23 am by Howard Friedman
, (SD NY, March 9, 2016), relying on earlier 2nd Circuit precedent, held that Title VII does not bar discrimination on the basis of of sexual orientation. [read post]
1 Apr 2008, 11:15 am
Title VII does not, but that did not stop the 2nd Circuit (per Judge Calabresi) from recognizing such a claim. [read post]
2 Oct 2020, 1:09 pm by Carolyn Wright
Now, the 2nd Circuit confirmed that registration of a compilation of photographs under 17 U.S.C. 409 by an applicant who holds the rights to the component works is valid and effectively registers the underlying individual photos, even if the compilation does not list the individual authors of the individual photos. [read post]
25 Feb 2011, 9:28 am by Jeffrey J. Randa
Whatever else, a person with a prior, low BAC DUI, and a second, low BAC DUI does not create the same impression as does a person whose BAC in the 2nd case is over .20, or who has been involved in an accident. [read post]
11 Feb 2015, 4:00 am by Human Rights at Home Blog
The answer was revealed when the U.S. submitted its 2nd report for the Universal Periodic Review (UPR) to the... [read post]
10 Apr 2014, 8:19 pm by Stephen Gillers
As has been broadly reported in the law press, the 2nd Circuit has certified to the NY Court of Appeals the question: What does the word "office" mean in the statute requiring NY lawyers who reside in an "adjoining state"... [read post]
11 Mar 2024, 10:47 am by Jeffrey Randa
If an individual facing a 2nd offense DUI does not get into a Sobriety Court program (and there are multiple reasons why that may happen), then there is no way to avoid the mandatory license revocation upon conviction for a 2nd offense DUI. [read post]
30 Dec 2009, 2:58 pm by Jeffrey J. Randa
If a person is arrested is a Municipality that does not have it's own Marijuana Ordinance, and although not that many, there are a number, even here in the Detroit-area, that do not have such an Ordinance, then the only charge that can be brought is the one under State Law. [read post]
1 May 2012, 9:39 am by N. Peter Rasmussen
The 2nd Circuit, in an unpublished order, did not disturb a lower court’s decision declining to certify a class in a mortgage-backed securities case. [read post]
28 Sep 2010, 8:55 am by Howard Knopf
The 2nd Circuit Court of Appeals in the USA, which along with the 9th Circuit, is the most important American appeal court for copyright purposes, has just upheld a ruling that went against ASCAP and agreed that a download of musical work does not constitute a public performance. [read post]
21 Aug 2010, 6:07 pm by Stephen Gillers
This week the 2nd Circuit affirmed a lower court decision disqualifying Blank Rome based on the representation of another member of the opponent's corporate family. [read post]
25 Sep 2009, 6:19 am
City of New York Revisiting an issue it has previously ruled on, the 2nd Circuit held that an employee’s required carrying of 20 pounds of materials each day to and from work, during his or her daily commute does not transform otherwise non-compensable travel time into compensable work hours. [read post]
22 Jun 2012, 11:36 am by Jeffrey J. Randa
We must also consider that they might be part of that group that DOES NOT have a problem. [read post]
3 Mar 2017, 4:10 am by Howard Friedman
The U.S. 2nd Circuit Court of Appeals on Wednesday heard oral arguments (MP3 audio of full arguments) in Tanvir v. [read post]
24 Mar 2020, 4:10 pm by Lundgren & Johnson, PSC
Does Fluid in a Water Pipe Count Towards Weight for Possession Offenses? [read post]
6 Jan 2010, 3:08 pm by Jeffrey J. Randa
" Even if a person does not have an alcohol problem, it's hard to deny that they look, at least to a Judge, like they have a problem obeying the law. [read post]
9 Oct 2010, 6:54 pm by Howard Friedman
., Oct. 8, 2010), the U.S. 2nd Circuit Court of Appeals held that Vermont's statute that allows for "vanity" license plates, but does not permit the issuance of plates that refer to a religion or deity, is unconstitutional. [read post]
18 Oct 2010, 1:12 pm by Jeffrey J. Randa
This does not mean, however, that a person facing a 2nd Offense charge is automatically not going to go to Jail. [read post]