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3 Apr 2025, 7:21 am by Holly
  Procedural Background to The Proposed Amendment   Judge Schiltz and Professor Capra presented a report to the Advisory Committee on the Evidence Rules (“the Advisory Committee”) about the proposed Rule 801 amendment during the Advisory Committee’s April 19, 2024, meeting in Washington, D.C.[6] On June 4, 2024, the Advisory Committee made minor changes and approved the proposed amendment to Rule 801(d) for public comment.[7] The Committee on Rules of Practice and… [read post]
31 Mar 2025, 5:01 am by Eugene Volokh
One state court held (by a 5–4 vote) that those statutes themselves violate the First Amendment when applied to newspaper reporters or editors.[7] But in AP v. [read post]
17 Mar 2025, 6:00 am by Public Employment Law Press
Although this Court is "not bound to adhere to federal standing requirements" (US Bank N.A. v Nelson, 36 NY3d 998, 1003 n 4 [2020] [Wilson, J., concurring]), under New York law, plaintiffs must nevertheless demonstrate that they suffered an "injury in fact" (Matter of Mental Hygiene Legal Serv. v Daniels, 33 NY3d 44, 50 [2019] [internal quotation marks omitted]). [read post]
17 Mar 2025, 6:00 am by Public Employment Law Press
Although this Court is "not bound to adhere to federal standing requirements" (US Bank N.A. v Nelson, 36 NY3d 998, 1003 n 4 [2020] [Wilson, J., concurring]), under New York law, plaintiffs must nevertheless demonstrate that they suffered an "injury in fact" (Matter of Mental Hygiene Legal Serv. v Daniels, 33 NY3d 44, 50 [2019] [internal quotation marks omitted]). [read post]
5 Mar 2025, 3:30 am by Sasha Volokh
NLRB that a newspaper couldn't fire a reporter for his pro-union activity, but the Washington Supreme Court held in Nelson v. [read post]
25 Feb 2025, 10:09 am by Josh Blackman
Nelson in the wake of Windsor, but the precedential value of Baker was always questionable from the outset. [read post]
10 Feb 2025, 7:27 am by Will Yeatman
In it, Judge Nelson takes aim at the law of the circuit that would’ve decided CFPB v Cashcall on the merits: [E]ven if CashCall had not waived a jury, it still would not have been entitled to one under our precedent. [read post]
27 Jan 2025, 9:00 pm by Austin Sarat
” He did so even though the question of whether the children of people not lawfully in the United States became citizens at birth was resolved more than 100 years ago.In United States v. [read post]
Follow @ljstprof Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. [read post]
30 Dec 2024, 5:00 am
Plaintiff Must Answer Questions at IME or DMEIn the Monroe County case of Nelson v. [read post]