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28 Feb 2019, 1:36 pm
One of the most cited examples is McDonald’s McFailure. [read post]
20 Feb 2019, 3:15 pm by Mark Tushnet
His separate opinion in Timbs insists, as did his opinion in McDonald, that the textual location for protection of fundamental rights against violation by state governments lies in the Fourteenth Amendment's "privileges or immunities" clause. [read post]
31 Jan 2019, 4:18 am by SHG
After this holding, and its extension to the states, the Supreme Court went dark on the Second Amendment, leaving circuit courts of appeals to uphold local restrictions and refusing to uphold its Heller and McDonald rulings by denying certiorari. [read post]
24 Jan 2019, 11:09 am
"The Court has refused to take up Second Amendment cases since its 2010 ruling in McDonald v. [read post]
1 Jan 2019, 9:01 pm by Public Employment Law Press
This amendment set out New YorkState's response to the United States Supreme Court's decision in Janus v American Federation of State, County, and Municipal Employees, Council 31, et al, 138 SCt 2448.In Janus the high court held that states and public-sector unions may no longer require "nonconsenting employees" in a collective bargaining unit to pay an "agency shop fee" in lieu of becoming a member the certified or recognized… [read post]
1 Jan 2019, 9:01 pm by Public Employment Law Press
This amendment set out New YorkState's response to the United States Supreme Court's decision in Janus v American Federation of State, County, and Municipal Employees, Council 31, et al, 138 SCt 2448.In Janus the high court held that states and public-sector unions may no longer require "nonconsenting employees" in a collective bargaining unit to pay an "agency shop fee" in lieu of becoming a member the certified or recognized… [read post]
20 Dec 2018, 2:21 pm by David Kopel
As they point out, the Text, History, and Tradition Test is the one used in Heller and McDonald v. [read post]