Court 1992 united states const bankruptcy. Medical search. Frequent questions

Michael William McConnell (born May 18, 1955) is an American jurist who served as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit from 2002 to 2009. (wikipedia.org)
After law school, McConnell was a law clerk for judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit from 1979 to 1980 and for U.S. Supreme Court justice William J. Brennan Jr., from 1980 to 1981. (wikipedia.org)
As a lawyer, he has argued cases in federal courts of appeals and before the Supreme Court, including a 5-4 victory in Rosenberger v. University of Virginia. (wikipedia.org)
On September 4, 2001, President George W. Bush nominated McConnell to the United States Court of Appeals for the Tenth Circuit. (wikipedia.org)
Second, in Fernandez-Vargas v. Gonzales (2008), a case involving the retroactive application of a statutory provision limiting appeals from immigration removal orders, the Supreme Court affirmed 8-1 a Tenth Circuit panel decision written by Judge McConnell. (wikipedia.org)
Affirming the judgment of the Court of Appeals for the Seventh Circuit, we hold that a debtor forfeits the right to rely on Rule 4004 if the debtor does not raise the Rule s time limitation before the bankruptcy court reaches the merits of the creditor s objection to discharge. (cornell.edu)
United States Court of Appeals, Second Circuit. (findlaw.com)
Colorado Court of Appeals, Div. II. (justia.com)
The State appeals from the district court's order granting James Kent's motion to suppress statements he made during a non-custodial interrogation. (findlaw.com)
On Monday, the United States Senate confirmed President Biden's nominee, Judge Ana de Alba, to the Ninth Circuit Court of Appeals seat left open when Judge Paul Watford resigned in May 2023. (typepad.com)
News Release , Senate Confirms District Judge Ana de Alba to U.S. Court of Appeals for the Ninth Circuit , 11/13/2023. (typepad.com)
Regarding Oklahoma's income tax, the Court of Appeals declared that the State may not tax the wages of members of the Chickasaw Nation who work for the Tribe, including members who reside in Oklahoma outside Indian country. (famguardian.org)
The Court of Appeals has itself noted that when the Supreme Court grants further review of a decision of the court of appeals, that decision has only "minimal precedential value. (robinskaplan.com)
The pending case, Silver v. Internal Revenue Service , [1] will provide insight, when decided, of the view of the Court of Appeals for the District of Columbia Circuit on the scope of judicial review of administrative regulations that apply to small business. (millercanfield.com)
He asks the Court of Appeals to reject Treasury's finding that the Regulation does not adversely affect small business, invalidate Treasury's certification to that effect, and defer enforcement of the Regulation until Treasury addresses small business concerns as required by the RFA. (millercanfield.com)
As for the Appeals Court, the appeals court bases it's decision to dismiss al-Hakim's appeal entirely on CSAA's contention that al-Hakim had failed and refused to comply with an unserved discovery request that was unopposed and as such should have their unserved motion to dismiss granted! (nowtruth.org)
Nor did defendants serve a motion to dismiss the appeal by CSAA, nor did al-Hakim receive any filing notice of any type from the Appeals Court of any motion to dismiss by CSAA. (nowtruth.org)
al-Hakim NEVER received any email, or U. S. postal mail from Anne Reasoner, Vira Pons or the appeals court nor any electronic service from TrueFiling as he usually would. (nowtruth.org)

That term has no application to the scope of the modern real property tax, as governed by article 7, section 1 of the state constitution. (wa.gov)
Our Constitution quite properly leaves such matters to the individual States, notwithstanding these activities' effects on interstate commerce. (constitution.org)
The law of the United States comprises many levels [1] of codified and uncodified forms of law , of which the most important is the nation's Constitution , which prescribes the foundation of the federal government of the United States, as well as various civil liberties . (wikipedia.org)
The United States Congress enacts federal statutes in accordance with the Constitution. (wikipedia.org)
The Supreme Court of the United States is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal regulations. (wikipedia.org)
Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. (wikipedia.org)
In the dual sovereign [7] system of American federalism (actually tripartite [8] because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. (wikipedia.org)
[9] Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. (wikipedia.org)
Where Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. (wikipedia.org)
Clark Pacific claims that Defendants' substitution of another construction subcontractor in its place violates its right under the Fourteenth Amendment to the United States Constitution not to be deprived of property without due process of law. (casetext.com)
States thus gave up their immunity from congressionally authorized suits pursuant to the "'plan of the Convention,'" as part of "'the structure of the original Constitution itself. (hotair.com)
Where that is so, the States implicitly agreed that their sovereignty "would yield to that of the Federal Government 'so far as is necessary to the enjoyment of the powers conferred upon it by the Constitution. (hotair.com)
More than two decades ago, this Court found it "difficult to conceive that the Constitution would have been adopted if it had been understood to strip the States of immunity from suit in their own courts and cede to the Federal Government a power to subject nonconsenting States to private suits in these fora. (hotair.com)
Accordingly, we held-without qualification-that "the powers delegated to Congress under Article I of the United States Constitution do not include the power to subject nonconsenting States to private suits for damages in state courts. (hotair.com)
In so holding, the Court, finding the text of the Constitution ambiguous, 638 relied on (1) a pragmatic interpretation of the Clause that would allow the President to ensure the "continued functioning" of the federal government when the Senate is away, 639 and (2) "long settled and established [historical] practice" of the President making intrasession recess appointments. (justia.com)
Case No.: 2:13-cv-02183-MHH MEMORANDUM OPINION AND ORDER Before the Court are cross-motions for summary judgment relating to plaintiff South Grande View Development Company, Inc.'s claim against the City of Alabaster for unlawful regulatory taking in violation of the Fifth Amendment to the United States Constitution. (justia.com)
The fiscal constitution of the state of California is enormously lengthy and complicated. (ucdavis.edu)
Given the volume, complexity and relative recentness of some of these propositions, it is certain that the California Supreme Court will grapple with many more cases involving California's fiscal constitution. (ucdavis.edu)
For example, Article VI, Section 11 of the North Dakota Constitution directs the chief justice to assign either an active or retired judge of an inferior court or a retired justice to hear a pending case in place of a justice unable to sit because of conflict of interest or physical or mental incapacity. (robinskaplan.com)
If the state's constitution has proclaimed that no fewer than seven and no more than nine justices should sit on the court and decide cases, then proceeding with fewer than seven justices has little justification. (robinskaplan.com)
Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. (harvardlawreview.org)

Defendant then filed a Crim.P. 35(c) motion challenging his guilty plea as a violation of his protections against double jeopardy as established by the Fifth Amendment and Colo. Const. (justia.com)
The Court SETS SGVs Fifth Amendment takings claim for a pretrial conference on Tuesday, September 20, 2017 at 10:00 a.m. in chambers of the undersigned, Room 786, Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, AL 35203. (justia.com)

The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. (justia.com)
NOTE: Where it is feasible, a syllabus (headnote) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has beenprepared by the Reporter of Decisions for the convenience of the reader. (articolo29.it)
Syllabus ty in court while continuing to deny refunds and assess deficiencies introduces a complication. (articolo29.it)

1. This Court has jurisdiction to consider the merits of the case. (articolo29.it)
Here, the United States retains a stake sufficient to support Article III jurisdiction on appeal and in this Court. (articolo29.it)
Windsor's ongoing claim for funds that the United States refuses to paythus establishes a controversy sufficient for Article III jurisdiction. (articolo29.it)
The Special Master filed a Report recommending that this Court hold that Wyoming has standing to sue, that this case is appropriate to original jurisdiction, and that the Act violates the Commerce Clause. (justia.com)
3. In 2006, this Court determined that Dr. Yager's interlocutory appeal from the denial of his "Motion to Dismiss for Lack of Personal Jurisdiction" had been "improvidently granted. (lawyer.com)
In family court, the state should file and prosecute a case only when both (1) the facts necessary to support family-court jurisdiction exist (that a child has committed a delinquent act or that a parent or custodian has abused or neglected a child) and (2) family-court jurisdiction-rather than a less coercive intervention-is necessary to achieve the protective or rehabilitative goals. (uchicago.edu)

The only players in post-season history with more over the same span are Wayne Gretzky (29 in 1983 and 25 in 1985), Mario Lemieux (25 in 1992) and Rick Middleton (23 in 1983). (ctvnews.ca)

Subsequent to a hearing, the hearing court denied defendant's Crim.P. 35(c) motion, and this appeal followed. (justia.com)
Given the Government's concession, amicus contends, once the District Court ordered the refund, the case should have ended and the appeal been dismissed. (articolo29.it)
On appeal, the State argues that the district court erred by extending Miranda's application to a non-custodial interrogation. (findlaw.com)
Court of Appeal of California, Fourth District, Division One. (krigerlawfirm.com)

As the Ninth Circuit news release explained, "Judge de Alba has served as a district judge on the U.S. District Court for the Eastern District of California since July 2022, when she became the first Latina appointed to that court. (typepad.com)

Presently before the court for decision is Plaintiff Clark Pacific's Motion for Preliminary Injunction (Doc. (casetext.com)
The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Samuel GALLEGOS, a/k/a Felix Vialpando, a/k/a Daniel Gallegos, Defendant-Appellant. (justia.com)
The court then assesses "the `nub' of the plaintiff['s] complaint the well-pleaded, nonconclusory factual allegation[s] . . . to determine" whether it states a plausible claim for relief. (justia.com)

The United States Senate confirmed him unanimously on November 15, 2002, by voice vote. (wikipedia.org)

John Crawley, Latina Judicial Trailblazer Elevated to Largest Appellate Court , Bloomberg Law, 11/13/2023. (typepad.com)
On August 29, 2023, the United States Department of Labor (DOL) published a Notice of Proposed Rulemaking that would permit union representatives and other nonemployees to participate in workplace inspections conducted by Occupational Safety and Health Act Compliance and Safety Officers (CSHOs). (babstcalland.com)

MEMORANDUM OPINION AND ORDER - For the reasons stated above, the Court DENIES the parties motions for summary judgment. (justia.com)
46, 48).1 For the reasons stated below, the Court denies the motions for summary judgment. (justia.com)
I. SUMMARY JUDGMENT STANDARD "The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. (justia.com)
When considering a summary judgment motion, the Court must view the evidence in the record in the light most favorable to the non-moving party and draw reasonable inferences in favor of the non-moving party. (justia.com)
2015). "In practice, cross motions for summary judgment may be probative of the nonexistence of a factual dispute, but this procedural posture does not automatically empower the court to dispense with the determination whether questions of material fact exist. (justia.com)
After a Special Master was appointed, the States filed cross-motions for summary judgment, with Oklahoma once again asserting the standing and appropriateness issues. (justia.com)
Following the dismissal of all other defendants by virtue of settlement, bankruptcy, or summary judgment, Dr. Yager is the lone remaining defendant. (lawyer.com)
[6] The United States District Court for the District of Maryland granted summary judgment to the defendants on all claims, and Wood appealed. (wakeforestlawreview.com)

In the early twentieth century, the Supreme Court interpreted the Due Process Clause of the Fourteenth Amendment to "routinely invalidate[] state social and economic legislation" 15 based on "notions of liberty and property characteristic of laissez-faire economics. (harvardlawreview.org)

The Compensation of Free Association between the United States and the Republic of Palau, which asked into quadrature in 1994, found for special parties of language postponed at regarding Palau's work and federal quantum. (vad-broadcast.com)

Despite the importance of the topic, there has not been much scholarly attention devoted to how to interpret state fiscal constitutions (and, yes, other states do have law similar to those in California, though none so far as I know has a set of overlapping laws quite so challenging). (ucdavis.edu)
The fiscal constitutions of California, like that of many states, limit the ability of governments to raise taxes. (ucdavis.edu)
Courts are not well situated to answer these questions, but in some states [4] -not yet California [5] -the courts seem to have taken the position that the constitutional distinction between taxes and fees leaves them no choice but to undertake searching substantive review of the fees set by state and local governments. (ucdavis.edu)
Before joining the Eastern District of California bench, Judge de Alba also served as a Fresno County Superior Court judge and a litigator in private practice. (typepad.com)
Bloomberg Law reported that "three judges she served with on the Superior Court of California" found Judge de Alba "exceptionally well suited for appellate work" because "[s]he excels at research and writing, carefully and meticulously prepares for matters before her and approaches cases and issues with an open mind. (typepad.com)

637 With respect to the meaning of the phrase "Recess of the Senate," the Court concluded that the phrase applied to both inter-session recesses and intrasession recesses. (justia.com)
The Court in Noel Canning held that, for the purposes of the Recess Appointments Clause, the Senate is in session when the Senate says it is, provided that, under its own rules, it retains the capacity to transact Senate business. (justia.com)
646 In this vein, Noel Canning provides the Senate with the means to prevent recess appointments by a President who attempts to employ the "subsidiary method" for appointing officers of the United States (i. e. , recess appointments) to avoid the "norm" 647 for appointment (i. e. , appointment pursuant to the Article II, sec. 2, cl. (justia.com)
We are thrilled that the U.S. Senate has recognized her stellar qualifications and substantial experience as fully supporting her elevation to the federal appellate court. (typepad.com)
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. (theinfolist.com)

For over two centuries the Supreme Court did not address either of these issues, 635 leaving it to the lower courts and other branches of government to interpret the scope of the Recess Appointments Clause. (justia.com)
The practical solution in most state supreme courts is to add a justice to the cohort remaining-a replacement for the justice or justices who have stepped aside. (robinskaplan.com)
Discarded at the Constitutional Convention but salvaged by a style committee, the clause boasts an early history rife with references to a natural right to contract, one that early state courts and the Marshall Court embraced. (harvardlawreview.org)
[7] The courts have found this power to be exclusive and, by negative implication, to bar states from unduly burdening or discriminating against interstate and foreign commerce. (harvard.edu)
[8] Perhaps because the temptation of legislators to protect local businesses is so strong, cases under which the federal courts have struck down state legislation invoking this implicit, or "dormant," Commerce Clause restriction are "legion. (harvard.edu)
Less attention has been focused on related issues in juvenile delinquency and child protection cases litigated in state family courts. (uchicago.edu)

Since fiscal epub Lo Scudo Di Talos (Oscar Bestsellers) 1992 2001, the specified % has designed first to put over const billion in party( neglect) and taking( CV) customers done to endanger new, personal wounded pressure rates. (vad-broadcast.com)

When should a court interpreting some statutory provision consider information besides the text-legislative history, surrounding provisions, practical consequences, the statute's title, etc. (uchicago.edu)
[5] The United States Code is the official compilation and codification of general and permanent federal statutory law. (wikipedia.org)
Statutory developments-mostly notably Title II of the Civil Rights Act of 1964 and similar state analogs-helped cabin racial and gender discrimination in public accommodations. (virginialawreview.org)
So, the presumption of domicile in the statutory geographical 'United States' was established in that case MERELY by calling himself a 'U.S. citizen' on the 1040 return he filed the year that was the subject of that case! (famguardian.org)

Mr. Kazan filed his first case on behalf of an asbestos victim in 1974 and since then has represented thousands of injured workers and their family members in court cases. (kazanlaw.com)
In almost all cases where the bankruptcy reorganization is approved, Mr. Kazan has been approved by the Federal Court to serve as a member of The Trustees' Advisory Committee (TAC) to work with The Trust on behalf of asbestos victims. (kazanlaw.com)
[19] Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court. (wikipedia.org)
Within the fraught field of investor-state dispute settlement, no cases are more controversial than those in which an investor seeks damages for the cancellation of a project following an outcry by local communities over potential environmental or social impacts. (aulawreview.org)
No cases have drawn more scorn than those in which foreign investors have challenged regulatory measures adopted by host states in the public interest. (aulawreview.org)
Within that genre of dispute, a specific strain has emerged that is perhaps most controversial of all: cases in which the investor seeks damages from the host state for having canceled a development project following an outcry by local communities who feared that the project would contaminate their water supplies, destroy their sacred sites, threaten endangered plants or wildlife, or wreak other serious harm. (aulawreview.org)
3 Detailed summaries of several such cases are provided infra Section II.B. Cases fitting this pattern include Abengoa, S.A. v. United Mexican States, ICSID Case No. ARB(AF)/09/2, Award (Apr. (aulawreview.org)
Today, however, the court released what may be Justice Stephen Breyer's valedictory decision, and gutted one of Justice Neil Gorsuch's signature cases. (hotair.com)
Cook's argument against that failed, as it had been already decided in previous cases that WHERE CONGRESS has POWER TO TAX, it is not limited to the territory of the United States. (famguardian.org)
4 The Supreme Court's early history featured Contract Clause litigation in nearly forty percent of all cases challenging state legislation and nearly fifty percent of successful challenges (amounting to seventy-five decisions) before 1889. (harvardlawreview.org)
Although most of these cases have involved legislation that disadvantages out-of-state interests, the Clause also serves to prevent states from erecting barriers to foreign commerce. (harvard.edu)
This Article argues that family-court prosecutors should work for and represent juvenile justice or child protection agencies, which should have authority to determine which cases to file. (uchicago.edu)
Agencies are best suited to balance the competing interests at stake in family-court cases and to choose specific cases on which to focus their limited resources. (uchicago.edu)

From 1981 to 1986, Wyoming provided virtually 100% of the coal purchased by four Oklahoma electric utilities, including the Grand River Dam Authority (GRDA), a state agency. (justia.com)

Unlike the defendant in Frye, Graham learned of her expired plea offer and received new court-appointed counsel two months before trial. (findlaw.com)
Because violating any state law constituted a violation of defendant's parole, a parole revocation hearing was held, after which defendant's parole was revoked for a period of two years and defendant was returned to the Department of Corrections. (justia.com)
The court sentenced the defendant to eight years incarceration in the Department of Corrections. (justia.com)
Defendant contends that the hearing court erred in concluding that his constitutional *450 rights against double jeopardy were not violated when, after a finding of violation of parole in a parole revocation proceeding, he was convicted of attempted theft for the same conduct for which his parole was revoked. (justia.com)
As a case of first impression in this state, we are asked by the defendant to hold that the doctrine of double jeopardy is implicated when an individual admitted to parole has that parole status revoked because of behavior which constitutes criminal conduct and is, thereafter, prosecuted for the same conduct that constituted a violation of a condition of parole. (justia.com)
Our supreme court has recognized that certain types of disciplinary sanctions imposed on a defendant do not constitute punishment for the substantive crime involved and, therefore, do not implicate the double jeopardy clauses. (justia.com)
The Court also held, however, that a defendant could rebut this presumption by showing that the alleged misrepresentation did not actually affect the stock price-that is, that it had no "price impact. (justia.com)
The district court found that Kent was not in custody at the time, but nevertheless held: "Where Miranda warnings are read to an individual unnecessarily and the defendant invokes the right to remain silent, an officer may not ignore that invocation. (findlaw.com)
A federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking laws. (casetext.com)
In this case, the Government has obtained a court order that freezes assets belonging to the third category of property, namely, property that is untainted by the crime, and that belongs fully to the defendant. (casetext.com)

In response, Kent contends that because he has a constitutional right to remain silent regardless of whether he was afforded Miranda warnings and irrespective of whether he was in custody, the district court did not err in suppressing his statements as having been obtained in violation of the right to remain silent. (findlaw.com)
Ghamaty contends the trial court erred by finding the serial rental of rooms in his condominium violated Colony Hill's restriction limiting the home's use to single-family dwelling purposes, and the use restriction is unreasonable and may not be maintained. (krigerlawfirm.com)
Ghamaty also contends the court improperly granted Colony Hill contractual attorney fees under Civil Code section 1717. (krigerlawfirm.com)

On the claimed authority of ERISA's general pre-emption provision, several commercial insurers, acting as fiduciaries of ERISA plans they administer, joined with their trade associations to bring actions against state officials in United States District Court seeking to invalidate the 13%, 11%, and 9% surcharge statutes. (cornell.edu)
The Supreme Court has not invoked the clause to invalidate a state law for over forty years. (harvardlawreview.org)

Presently before the Court is the Motion of Defendants to Dismiss Plaintiff's Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). (justia.com)
2. In April 1996, Dunn filed suit in the Circuit Court of Jackson County, Mississippi, against multiple defendants, including Dr. Yager. (lawyer.com)
[14] In regards to the second prong of the Lemon test, the defendants emphasized the importance of analyzing whether the school was acting to promote a particular religion from an objective standpoint and that the District Court was correct in not taking into account specific, subjective statements made by certain school officials. (wakeforestlawreview.com)
The Court affirmed the District Court's granting of summary judgement in favor of the defendants on both counts. (wakeforestlawreview.com)

The Court today properly concludes that the Commerce Clause does not grant Congress the authority to prohibit gun possession within 1,000 feet of a school, as it attempted to do in the Gun-Free School Zones Act of 1990, Pub. (constitution.org)
Pursuant to that authority, Congress enacted a federal law that gives returning veterans the right to reclaim their prior jobs with state employers and authorizes suit if those employers refuse to accommodate them. (hotair.com)
By committing not to "thwart" or frustrate federal policy, the States accepted upon ratification that their "consent," including to suit, could "never be a condition precedent to" Congress' chosen exercise of its authority. (hotair.com)
This conclusion does not mean that it is appropriate for the Executive as a routine exercise to challenge statutes in court instead of making the case to Congress for amendment or repeal. (articolo29.it)
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. (theinfolist.com)

in each case, the Court reached the same result as McConnell. (wikipedia.org)
First, in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal (2006), a case involving the religious use of a hallucinogenic tea, the Supreme Court affirmed 8-0 a Tenth Circuit en banc decision to which Judge McConnell wrote a concurring opinion. (wikipedia.org)
Third, in Begay v. United States (2008), a case about whether a felony conviction for driving under the influence is a crime of violence for purposes of the Armed Career Criminal Act, the Supreme Court reversed 6-3 a Tenth Circuit panel decision from which McConnell dissented. (wikipedia.org)
A debtor in a Chapter 7 liquidation case qualifies for an order discharging his debts if he satisfies the conditions stated in §727(a) of the Bankruptcy Code. (cornell.edu)
This case asks whether States may invoke sovereign immunity as a legal defense to block such suits. (hotair.com)
Justia › U.S. Law › U.S. Case Law › U.S. Supreme Court › Opinions by Volume › Volume 573 › Halliburton Co. v. Erica P. John Fund, Inc. (justia.com)
The Court SETS the case for trial on October 16, 2017. (justia.com)
In this case, that means the justices of the Supreme Court. (typepad.com)
2006). Adams is a published case despite the fact that its address on the NMCCA web site ends in "UNPUB.doc" and is a Navy-Marine Corps Court case despite the fact that its LEXIS "Copy w/cite" citation tells you it was decided by the Air Force Court, a problem previously discussed here . (blogspot.com)
But NMCCA acknowledges that "[d]espite our reservations regarding the application of such a sweeping threshold standard, since our superior court has adopted the Smith threshold standard and being bound by the precedential holdings of our superior court, we must apply that standard in this case. (blogspot.com)
The failure of the Government in the case to at least put in a minimal effort in providing some reason for the extensive delay in delivering this record to the court is unconscionable. (blogspot.com)
Such court shall hear and determine the case and may discharge the appropriate party from further liability, make the injunction permanent, and make all appropriate orders to enforce its judgment. (mwl-law.com)
The Government and Luis agree that this court order will prevent Luis from using her own untainted funds, i.e., funds not connected with the crime, to hire counsel to defend her in her criminal case. (casetext.com)
They result in affirmance without opinion, so a lower court decision with which a significant number of appellate judges may disagree stands as law of the case, and important questions of law go unanswered. (robinskaplan.com)
The impact of the Commerce Clause on state laws affecting foreign commerce, in fact, is somewhat broader than in the case of state laws affecting interstate commerce. (harvard.edu)

The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. (wikipedia.org)
C) In any action of interpleader, the court may enter its order restraining all claimants from instituting or prosecuting any proceeding in any court of the Commonwealth affecting the property involved in the interpleader action until further order of the court. (mwl-law.com)

This Article focuses on two normalized practices that violate federal and state anti-discrimination laws yet have been undertheorized in the public accommodations context: dress codes and gender-based pricing in bars, restaurants, and nightclubs. (virginialawreview.org)
Some states have, through laws or the judiciary's policies, adopted broad-reaching policies to add a replacement justice anytime a justice recuses. (robinskaplan.com)
To curb the spread of COVID-19, state laws and executive orders necessarily altered contractual obligations, thus introducing a new chapter to the clause's history book. (harvardlawreview.org)
[3] But some state RPS laws also contain negative provisions, excluding from eligibility what otherwise would surely be considered renewable resources. (harvard.edu)
This article explains why the restrictions are unconstitutional under the Commerce Clause and bad for consumers and the environment, and why other states should follow the lead of Vermont and Wisconsin and modify their statutes to permit power from large hydroelectric projects to be treated as a renewable resource under their RPS laws. (harvard.edu)
Numerous articles in recent years have discussed how various state RPS laws discriminate against interstate commerce in violation of the Commerce Clause. (harvard.edu)
[15] Many of these same state laws include provisions declaring that large-scale hydroelectric facilities, both new and existing, are not to be considered renewable resources. (harvard.edu)
This Article provides the first detailed description and critique of the varying state laws governing family-court prosecutors. (uchicago.edu)

16 Reviving a literalist interpretation of the Contract Clause would permit the irony of a textually grounded Lochnerism - broad judicial control of "economic liberty," but without the anticanonical, 17 extraconstitutional 18 reasoning of the Supreme Court in Lochner v. New York . (harvardlawreview.org)
United States Sentencing Commission The United States Sentencing Commission is an independent agency of the judicial branch of the U.S. federal government. (theinfolist.com)

Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. (wikipedia.org)
First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. (wikipedia.org)
Though EPA is charged with the enforcement of many environmental statutes, it prioritizes certain initiatives to address what it perceives to be the most serious and widespread environmental problems facing the United States. (babstcalland.com)

But the court also "encourage[s] reconsideration by our superior court of the threshold standard triggering application of a due process analysis. (blogspot.com)

Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. (cornell.edu)

At both the federal and state levels, with the exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . (wikipedia.org)

However, under the principle of stare decisis , no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court. (wikipedia.org)
On the merits, the court ruled against the United States, finding §3 unconstitutional and ordering the Treasury to refund Windsor's tax with interest. (articolo29.it)

The Supreme Court vacated and remanded, while declining to reject the Basic presumption. (justia.com)
In Basic Inc. v. Levinson , 485 U.S. 224 , this Court held that investors could satisfy this reliance requirement by invoking a presumption that the price of stock traded in an efficient market reflects all public, material information-including material misrepresentations. (justia.com)

A debtor s discharge may be opposed by the trustee, the United States trustee, or any creditor. (cornell.edu)

The Supreme Court ultimately adopted a relatively broad interpretation of the Clause in National Labor Relations Board v. Noel Canning . (justia.com)

Only after the Bankruptcy Court decided, on the merits, that the discharge should be refused did the debtor, in a motion for reconsideration, urge the untimeliness of the creditor s plea. (cornell.edu)

can by no means encompass authority over mere gun possession, any more than it empowers the Federal Government to regulate marriage, littering, or cruelty to animals, throughout the 50 States. (constitution.org)
2 Vera Korzun, The Right to Regulate in Investor-State Arbitration: Slicing and Dicing Regulatory Carve-Outs , 50 Vand. (aulawreview.org)
Power to regulate foreign commerce ," after all, "is given in the same words, and in the same breath, as it were, with that over the commerce of the States and with the Indian tribes. (harvard.edu)

Patient's Rights to Compensation from United States Bankruptcy Trust Funds. (kazanlaw.com)

Furthermore, a parolee is considered to be under a restraint imposed by law and not a free person, but rather, is a constructive prisoner of the state and under control of the appropriate state officials. (justia.com)

HBLR will publish articles from professors, practitioners, and policymakers on corporate law and governance, securities and capital markets law, financial regulation and financial institutions, law and finance, financial distress and bankruptcy, and related subjects. (harvard.edu)
The federal district court below found that Silver did not have constitutional standing to challenge the validity of the Regulation. (millercanfield.com)

Upon entering the Union, the States implicitly agreed that their sovereignty would yield to federal policy to build and keep a national military. (hotair.com)

Instead, the controlling time prescriptions are contained in the Federal Rules of Bankruptcy Procedure, specifically, Rules 4004(a) and (b) and 9006(b)(3). (cornell.edu)
In Torres v Texas Department of Public Safety , the issue of sovereign immunity for states ran up against the constitutional authority of the federal government to field the US military. (hotair.com)
PennEast defined the test for structural waiver as whether the federal power at issue is "complete in itself, and the States consented to the exercise of that power-in its entirety-in the plan of the Convention. (hotair.com)
LEGAL STANDARD Rule 12(b)(6) of the Federal Rules of Civil Procedure provides that, in response to a pleading, a defense of "failure to state a claim upon which relief can be granted" may be raised by motion. (justia.com)
Nonetheless, a constitutional attack upon the status of a federal district judge, given a recess appointment and then withdrawn as a nominee, was rejected by a federal court. (justia.com)
On an appellate court of last resort-state or federal-an odd number of justices generally is considered necessary to ensure a clear victor, despite varying views on the law among justices. (robinskaplan.com)
United States Government Manual The ''United States Government Manual'' is the official handbook of the federal government, published annually by the Office of the Federal Register and printed and distributed by the United States Government Publishing Office. (theinfolist.com)
Executive Office of the President The Executive Office of the President (EOP) comprises the offices and agencies that support the work of the president at the center of the executive branch of the United States federal government. (theinfolist.com)
United States federal executive departments The United States federal executive departments are the principal units of the executive branch of the federal government of the United States. (theinfolist.com)
independent agencies of the United States government Independent agencies of the United States federal government are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. (theinfolist.com)

Prudential considerations, however, demand that there be "concrete adverseness which sharpens the presentation of issues uponwhich the court so largely depends for illumination of difficult constitutional questions. (articolo29.it)
1 On first read, the clause seems little more than a constitutional relic, chronicling a forgone past of state-sanctioned princes 2 and pirates. (harvardlawreview.org)

4). The court previously, by Order dated September 19, 1996 (Doc. (casetext.com)

The Supreme Court vacated denial of class certification, concluding that securities fraud plaintiffs need not prove causal connection between the alleged misrepresentations and their economic losses at the class certification stage. (justia.com)
To demonstrate that there is a genuine 1 The Court has already dismissed South Grande View's claims for denial of substantive and procedural due process. (justia.com)

and the court may thereupon order such party discharged from all or part of any liability as between the claimants of such property. (mwl-law.com)

NAACP, 775 F.3d at 1345 (quoting Shook v. United 2 States, 713 F.2d 662, 665 (11th Cir. (justia.com)

After gaining three successive time extensions from the Bankruptcy Court, Ryan filed an original complaint on January 13, 1998, in which he objected to the discharge of any of Kontrick s debts. (cornell.edu)
Ryan filed an amended complaint on May 6, 1998, with leave of court, ibid . (cornell.edu)

Hhhhmmmm, that leaves out only one military appellate court web site. (blogspot.com)

2009). Under this approach, a district court first identifies those factual allegations that constitute nothing more than "legal conclusions" or "naked assertions. (justia.com)
The district court certified the class. (justia.com)
The District Court permitted the intervention. (articolo29.it)
The district court suppressed the statements. (findlaw.com)
For the reasons set forth below, we reverse the district court's order granting Kent's motion to suppress, and remand to the district court for further proceedings. (findlaw.com)
The district court concluded that "[a]t no point was [Kent] arrested or restrained, he was never told he was not able to leave, and he was never told he could not terminate the conversation. (findlaw.com)
The district court granted Kent's motion to suppress. (findlaw.com)
The district court also concluded that Kent unequivocally invoked his right to remain silent while being read his rights. (findlaw.com)
Further, the district court found that Kent was not in custody for purposes of Miranda. (findlaw.com)
Nevertheless, the district court concluded that "an invocation of the right to remain silent may not be ignored once invoked after being read Miranda warnings, regardless of custody. (findlaw.com)

The Supreme Court, with all the prestige of its position in American public life, could have brought closure to this matter. (wikipedia.org)
Our Supreme Court has previously held that debts for unpaid real property taxes attach to the land, and do not become personal debts of the owner. (wa.gov)
The most-awaited decision left in this Supreme Court term is … still awaited after this morning. (hotair.com)
In Twombly, the Supreme Court utilized a "two-pronged approach," which it later formalized in Iqbal. (justia.com)
The Virginia Supreme Court has refused to compensate an insured for the loss of his new car warranty where the policy did not make such an agreement and the diminution in value was not recoverable under the policy. (mwl-law.com)
With an even number of Justices on the United States Supreme Court, the topic of tie decisions has received a lot of recent play. (robinskaplan.com)
On occasion, the Minnesota Supreme Court may include opinions by the differing justices in an evenly-divided court's affirmance where the issue is of statewide significance. (robinskaplan.com)
See Justin Pidot, Tie Votes in the Supreme Court , 101 Minn. L. Rev. 245 (2016). (robinskaplan.com)
In this state, the Supreme Court adds a replacement only when the number of justices falls below five. (robinskaplan.com)

The first level is the story for public consumption: that Cook never relinquished his American nationality and therefore remained a 'citizen of the United States' and that he could therefore be taxed on that basis on all of his income worldwide. (famguardian.org)
[5] Treasury's argument is that neither Silver, a United States citizen, nor his Israeli corporation through which he practices United States tax law in Israel, has Article III standing to bring the action. (millercanfield.com)

The Act's practical effect must be evaluated not only by considering the consequences of the Act itself, but also by considering what effect would arise if many States or every State adopted similar legislation. (justia.com)
[2] Most states affirmatively describe what counts as renewable resources-wind, geothermal, and solar energy are commonly referenced in RPS legislation. (harvard.edu)

For example, in Silva v. People, supra, the court concluded, with respect to an escape from prison, that administrative disciplinary punishments that precluded a prisoner from earning deductions from the length of his sentence and that made him ineligible for parole for a certain period were administrative proceedings that did not constitute punishment for the substantive crime involved and, therefore, did not invoke the protections of the double jeopardy clauses. (justia.com)

In response, the State argued that Kent was not in custody and, therefore, the officer had no obligation to stop questioning Kent once he had invoked his right to remain silent. (findlaw.com)

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