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28 Nov 2011, 1:37 pm
Access the complete opinion (click here). [read post]
12 Apr 2016, 8:48 am
But I must acknowledge that we can never know for sure precisely how close the two preemption principles actually are since each administration’s principle is supported by many different and not always consistent or complete statements, and each administration contemplated the principle for different contexts. [read post]
19 Sep 2011, 4:34 am
Circuit has granted a panel rehearing, complete with supplemental briefing and another oral argument, in Rattigan v. [read post]
6 Jan 2010, 5:47 am
For a number of years, this Court has applied the four-part test for ERISA complete preemption set forth in Butero v. [read post]
13 Jun 2017, 5:30 am
The heart of the matter, as Justice Blackmun recognized in his opinion for the Court in Department of the Navy v. [read post]
7 Sep 2012, 11:52 am
Supreme Court case Department of the Navy v. [read post]
18 Aug 2022, 8:11 am
United States, and the other a Second Circuit opinion by Judge Learned Hand, United States v. [read post]
5 Jan 2017, 12:39 pm
The appeals court noted that the 1988 case, Department of the Navy v. [read post]
5 Jan 2017, 12:39 pm
The appeals court noted that the 1988 case, Department of the Navy v. [read post]
14 Oct 2020, 11:10 am
It was a discouraging argument for those of us who admire the Justices, whose skills at finding apt metaphors completely failed them. [read post]
28 Jul 2009, 3:43 pm
Judge Sullivan’s Memorandum Opinion and Order in Greenhouse v. [read post]
24 Mar 2012, 5:52 pm
See Facebook, Inc. v Power Ventures, Inc. [read post]
29 Aug 2018, 8:02 am
In his 2013 panel opinion in Razak Ali v. [read post]
14 Jun 2011, 6:58 am
Supreme Court Justice Potter Stewart in Jacobellis v. [read post]
13 Oct 2020, 11:41 pm
It was a discouraging argument for those of us who admire the Justices, whose skills at finding apt metaphors completely failed them. [read post]
21 Sep 2020, 6:43 am
Irish constitutional law does indeed subscribe to a hierarchy of rights in some cases (see, eg, People (DPP) v Shaw [1982] IR 1, 63 (Kenny J)); but that is usually unprincipled and largely unworkable (see, eg, Attorney General v X [1992] 1 IR 1, [1992] IESC 1 (5 March 1992) [138]-[139] (McCarthy J), [184] (Egan J); Sunday Newspapers Ltd v Gilchrist and Rogers [2017] IESC 18 (23 March 2017) [36]… [read post]
4 Feb 2011, 4:02 pm
Initially, this was done by reference to Article 8 of the Convention (see Gaskin v United Kingdom (1989) 12 EHRR 36 paras 37, 52; see also McGinley and Egan v United Kingdom (1998) 27 EHRR 1). [read post]
Freedom of Expression and Freedom of Information: Part 1 The European Convention – Hugh Tomlinson QC
4 May 2010, 5:38 pm
In some cases this has been done by reference to Article 8 of the Convention (see Gaskin v United Kingdom (1989) 12 EHRR 36 paras 37, 52; see also McGinley and Egan v United Kingdom (1998) 27 EHRR 1). [read post]
10 May 2024, 9:00 am
Matter of Lake George Assn. v NYS Adirondack Park Agency2024 NY Slip Op 02356Decided on May 2, 2024Appellate Division, Third DepartmentFisher, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 2, 2024CV-23-0672[*1]In the Matter of The Lake George Association et al., Respondents,vNYS Adirondack Park Agency et al.,… [read post]
10 May 2024, 9:00 am
Matter of Lake George Assn. v NYS Adirondack Park Agency2024 NY Slip Op 02356Decided on May 2, 2024Appellate Division, Third DepartmentFisher, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 2, 2024CV-23-0672[*1]In the Matter of The Lake George Association et al., Respondents,vNYS Adirondack Park Agency et al.,… [read post]
