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20 Feb 2019, 10:32 am by admin
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]
12 Feb 2019, 10:30 am by Arthur F. Coon
  The unpublished portion of the opinion, which also won’t be further discussed here, rejected Appellants’ arguments that the project failed to meet the City Zoning Code’s open space requirements, and that the City’s “nondetriment” findings inadequately addressed alleged emergency vehicle access and related fire hazard concerns.) [read post]
11 Dec 2018, 5:46 pm by Matthew C. Henderson and Arthur F. Coon
  This result conflicted with an unpublished opinion from the Fifth District issued on August 24, 2018, Protecting Our Water & Environmental Resources v. [read post]
17 Nov 2018, 12:10 pm by Schachtman
Instead, Rothman’s brief wet out to make three narrow points: (1) courts should not rely upon strict statistical significance testing for admissibility determinations; (2) peer review is not an appropriate touchstone for the validity of an expert witness’s opinion; and (3) unpublished, non-peer-reviewed “reanalysis” of studies is a routine part of the scientific process, and regularly practiced by epidemiologists and other scientists. [read post]
29 Oct 2018, 8:02 am by Amy Howe
Justice Sonia Sotomayor agreed with the court’s disposition of Townes’ case, but she wrote separately to express reservations about the trial court’s conduct. [read post]
24 Oct 2018, 7:05 am by Eric Goldman
by guest blogger Tyler Ochoa On October 11, 2018, President Trump signed into law H.R. 1551, the Orrin G. [read post]
8 Oct 2018, 3:28 pm by Eugene Volokh
As the supreme court has long established, "the trial court is in a far better position than we are to evaluate the various factors bearing on the credibility of the witnesses, such as their demeanor, disposition, and character. [read post]
1 Oct 2018, 2:28 pm by Arthur F. Coon
  The HOA alone had previously filed an action challenging those modifications on CEQA grounds, and the Court affirmed the judgment rejecting those claims in a prior, unpublished 2017 opinion. [read post]
26 Jul 2018, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
11 Jul 2018, 3:21 pm by Shea Denning
App. 221 (2014) (unpublished) (noting that S.L. 2013-385 “deleted [G.S.] [read post]
10 Jul 2018, 9:59 am by Jonathan Holbrook
So the fact that a “new” matter might be raised on cross-examination is neither unusual nor dispositive for Rule 10 purposes. [read post]
11 Jun 2018, 8:20 am by Jeff Welty
Yet the court recognized that the presence of a sign is “not dispositive,” and later relied on that statement in State v. [read post]
30 Apr 2018, 4:53 pm by Shahram Miri
If the person does not care, they can simply choose to abstain from writing a will and let the laws of intestate succession govern the disposition of the estate. [read post]
27 Apr 2018, 8:30 am by Liisa Speaker
In a May 2017 unpublished order, the Court of Appeals instructed the trial court to continue the adoption proceedings. [read post]
10 Apr 2018, 2:52 pm
  Yet there are no less than twenty unpublished dispositions from the Court of Appeal.Not bad for a single workday.So, if only for entertainment (or shock) value, I thought I'd mention one of those cases -- one that involves an anti-SLAPP motion and a raucous public meeting. [read post]