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Senator Jacob Howard of Michigan asserted, “where a person has taken a solemn oath to support the Constitution of the United States there is a fair moral implication that he cannot afterward commit an act which in its effect would destroy the Constitution of the United States without incurring the guilt of at least moral perjury. [read post]

Balkinization - http://balkin.blogspot.com/

In a summary order, the Second Circuit vacates a district court’s judgment imposing a complete ban on internet use, as a condition of supervised release. The Circuit concludes that it’s “substantively unreasonable” to impose such a ban on someone whose offense involved child pornography, and no evidence suggested he “is likely to seek out children on social media or prey on them in reality.” United States v. Gonyea, Nos. 22-1722-cr, 22-1727-cr (2d Cir. Nov. 13, 2023) (C.J.J.’s Jacobs, Lohier, Lee) (“Summary Order”).

14 Nov 2023, 2:30 pm by Darrell Fields

” United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

LA Appeals Court Hold that the Parish’s Decision to Deny a Re-Subdivision was Unreasonable, Arbitrary and Capricious

13 Nov 2023, 11:01 am by Patricia Salkin

Falcon v. [read post]

Law of the Land - https://lawoftheland.wordpress.com/

New York LLC Caselaw’s Greatest Hits

13 Nov 2023, 4:07 am by Peter Mahler

Another is Barone v Sowers, 128 AD3d 484, 10 N.Y.S.3d 2 [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

FL Appellate Court Enters Partial Summary Judgment for a Regulatory Taking

10 Nov 2023, 11:04 am by Patricia Salkin

Shands v. [read post]

Law of the Land - https://lawoftheland.wordpress.com/

NY Appellate Court Affirms Zoning Board’s Denial of Certain Area Variances to Enable Subdivision of Property into a Substandard Lot

7 Nov 2023, 4:39 pm by Patricia Salkin

Kemp, Touro University Jacob D. [read post]

Law of the Land - https://lawoftheland.wordpress.com/

If Past is Prologue – What Made Protests Successful in Fiscal Year 2023?

7 Nov 2023, 11:13 am by Anne Perry, Katie Calogero and Daniel Alvarado

For example, in Unico Mechanical Corporation, the GAO sustained the protest where the agency unreasonably assessed a weakness (1) notwithstanding the proposal met the solicitation’s stated minimum requirement, and (2) for a mistaken finding that the offeror did not address a feature in its proposal. [read post]

Government Contracts Blog - https://www.governmentcontractslawblog.com/

NY Appellate Court Affirms Lower Court’s Ruling that the Local Planning Board’s Justifications for Denial of Site Plan Approval Were Unsupported

1 Nov 2023, 4:32 pm by Patricia Salkin

Southern Realty and Development, LLC v. [read post]

Law of the Land - https://lawoftheland.wordpress.com/

Tax Prof Amicus Briefs In Moore v. United States: 22 For Government, 1 For Taxpayer

31 Oct 2023, 8:00 am by Paul Caron

Tax Prof Amicus Briefs for the Government: John Brooks (Fordham), David Gamage (Indiana) Brian Galle (Georgetown), Cliff Fleming (BYU), Jacob Goldin (Chicago), Edward McCaffery (USC), Ajay Mehrotra (Northwestern), Richard Schmalbeck (Duke) Ari Glogower (Northwestern), David Kamin (NYU), Rebecca Kysar (Fordham), Darien Shanske (UC-Davis), NYU Tax Law Center Andy Grewal (Iowa)... [read post]

TaxProf Blog - https://taxprof.typepad.com/taxprof_blog/