Sentences with phrase «clause jurisprudence»

As we argue (in some detail), the Supreme Court's Supremacy Clause jurisprudence, especially the 2009 decision in Haywood v. Drown, establishes that the constitutionally required collateral remedy recognized in Montgomery must be available, in the first instance, in state courts — even if the state has not chosen to provide collateral post-conviction relief for comparable state - law claims.

The Court's summary rejection of a secular purpose articulated by the legislature and confirmed by the state court is without precedent in Establishment Clause jurisprudence.

Under our Commerce Clause jurisprudence, these regulations can not stand.»

Like some ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches Union Free School District.

After a change in U.S. Supreme Court Establishment Clause jurisprudence, the Alabama Supreme Court held that tuition grants to students attending private schools are constitutional under the First Amendment of U.S. Constitution and Alabama's Blaine Amendment (Article XIV, Section 263) because the aid goes to the student, not the school.

«Black used his opinion in Everson to secure the phrase «separation of church and state» in Establishment Clause jurisprudence and this prejudiced phrase has remained there ever since.»

The State can not finance secular instruction if it permits religion to be taught in the same classroom; but if it exacts a promise that religion not be so taught — a promise the school and its teachers are quite willing and on this record able to give — and enforces it, it is then entangled in the «no entanglement» aspect of the Court's Establishment Clause jurisprudence [Lemon v. Kurtzman, 403 U.S. 666, 668].

But even these two «moderates» made major steps toward a sensible Establishment Clause jurisprudence, stripped of the old hostility to religion (and especially to Catholic institutions).

Americans usually translate it as «secularism» and think of it as a particularly strict version of our own Establishment Clause jurisprudence, but it's not that simple.

All of this is persuasively argued in The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence (Duke University Press, 196 pp., $ 18.95

Now, to be sure, the Supreme Court's inane religion - clause jurisprudence accelerated this process.

Not exact matches

At the end, though, Delahunty offers some observations on Justice Scalia's contributions to the jurisprudence of the religion clauses.

-RSB- Although a distinct jurisprudence has enveloped each of these clauses, their common purpose is to secure religious liberty.

In this area, O'Neill found that the LCFS impermissibly discriminates against out - of - state corn ethanol and impermissibly regulates extraterritorially in violation of the dormant Commerce Clause and its jurisprudence.

The K case continues in this line of jurisprudence and goes a step further by converting the discretion to promote family unity contained in the «humanitarian clause» into an automatic obligation.

There is no recent jurisprudence relating to Agency decisions which provides guidance on delineating errors of law from errors of fact — presumably because the privative clause precluding appeals on errors of fact is so clear.

Chief Justice Bauman first addressed the friction between legislation and jurisprudence with respect to forum selection clauses.

In light of the Supreme Court's recent jurisprudence which, as Ms. Redko notes, «underscored the importance of respecting parties» autonomy to select a mutually agreeable forum,» I can not believe that courts will treat choice of forum or arbitration clauses as equivalent to hearing fees.

Not surprisingly, in light of jurisprudence over the last few years striking out termination clauses, the court agreed, finding that the clause was ambiguous and, therefore, unenforceable.

Here are some highlights on the predictions offered by the panelists: 1) class actions are not going away; 2) the continued growth of mass commerce will continue to spawn class action litigation; 3) Justice Scalia's death will have a significant impact on class action jurisprudence going forward and the judiciary is likely to get less friendly to defendants in the short - term; 4) technology will make a big difference for the better in managing class action litigation; 5) defendants will continue to come up with creative, far - reaching ways of limiting class actions; 6) plaintiffs» attorneys will continue to bring class actions when a) they think they can make money and / or b) they think they will advance the public good; 7) there will be some good class actions and some horrible ones; 8) look out for states to pass new consumer protection laws similar to the New Jersey New Jersey Truth - in - Consumer Contract, Warranty and Notice Act (TCCWNA); 9) the TCPA and all - natural litigation booms will continue in the near future; 10) The CFPB will broadly define consumer finance services; 11) more class actions will go to trial; 12) what happens with the enforceability of arbitration clauses will have a big impact on the viability of many categories of class actions in the future; 13) look for more class actions in the federal courts in New York state.