Not exact matches
The
court had proved willing to adjust the boundaries of the
federal system to accommodate demands
for regulation.
In California, with the nation's largest prison
system, a
federal district
court found in 2005 that the parole board «operated under a sub rosa policy that all murderers [typically serving life terms] be found unsuitable
for parole.»
The
Federal District
Court's decision favoring doctor - assisted suicide, we said, could be fatal not only to many people who are old, sick, or disabled, but also to popular support
for our present
system of government.
The ex-Staten Island congressman, who spent seven months behind bars
for tax evasion, is asking an appeals
court to turn his disbarment from the
federal system into a one - year suspension instead.
But a day later, he would not specify what legal action would look like — though he maintained that he and other mayors across the country would fight in
court — nor explain how the city would handle retaliatory cuts to
federal funding
for the NYPD, the New York City Housing Authority and the city's public hospital
system.
«The settlement provides an important example
for other correctional
systems around the country,» Manhattan
federal court judge Laura Taylor Swain said, calling the settlement between the city, the U.S. Justice Department and a group of inmates «groundbreaking.»
Michael Grimm, the ex-Staten Island congressman who spent seven months behind bars
for tax evasion, is asking an appeals
court to turn his disbarment from the
federal system into a one - year suspension instead.
That challenge lingered in the
court system well after the freeze was lifted in 2007 and was not resolved until 2013 when a
federal judge ruled not only was the freeze justified, but that the district did not need to give teachers credit on the pay scale
for the years the freeze was enacted.
The 11 - page ruling, by Judge Alvin K. Hellerstein of
Federal District
Court in Manhattan, found that the city had overstepped its bounds in requiring, as part of a licensing process, that carwash owners buy a special bond within a two - tiered
system: $ 30,000
for those whose workers were unionized or employers who agreed to monitoring, and $ 150,000
for all others.
With new challenges to agency fees now making their way through the
federal court system, and a new, conservative justice on the high
court, the issue could be ripe
for a definitive resolution.
State officials and
courts have already grappled with many of these issues, and creating a
federal right to education would destabilize policies and decisions that have shaped local school
systems for generations,» they say, noting that unlike the
federal Constitution, all 50 state constitutions contain provisions that explicitly address education.
Washington — The parents of a learning - disabled child had no right under
federal law to unilaterally move their son from a public school to a private school at a local school
system's expense, even though the private school was subsequently found to be the appropriate placement
for the child, a lawyer
for a Massachusetts school committee told the U.S. Supreme
Court last week.
In the early 1970s, the
federal courts ordered a number of states to pay school desegregation costs, but these rulings were limited in number and had little overall effect on state
systems for school funding.
A
federal appellate
court has struck down a
system for assigning students to public high schools in Seattle that uses race and ethnicity as a factor.
The ED could order a state to respond, but if the department elected not to hear an appeal, the complainant could file suit in state
court, an odd approach
for a
federal law to take, given that in our
federal system the United States does not define the jurisdiction of state
courts.
Lawyers
for the American Civil Liberties Union went before a
federal appeals
court last week in an effort to stop what they say is an unconstitutional
system of sex - segregated classes at a southern Louisiana school.
«But even when successful, such suits still may not bring relief
for the district, such as in Sumter County where a
federal judge found fault with Alabama's funding
system in an 800 - page opinion but also found the county was not entitled to relief from the
court,» says Tuck.
In Lee County Schools
system in rural Alabama,
for example, which had years earlier convinced a
federal court that it had eliminated the effects of segregation, one of the four public high schools served more than 90 percent black students — even though the district student population was only 23 percent black.
Prior to that, he worked as a professor at the University of Southern California, and a
federal court monitor
for the special education consent decree in the Los Angeles school
system.
Since the landmark 1973 U.S. Supreme
Court Decision in San Antonio School District v. Rodriguez, which established that public education is not a right under the
federal Constitution, state
courts have been the battlegrounds
for resolving disputes regarding public education finance
systems.
Federal courts issue desegregation orders when they find that districts or states are maintaining separate educational facilities and
systems for students of different races.
Recall from a prior post that a set of teachers in the Houston Independent School District (HISD), with the support of the Houston Federation of Teachers (HFT) are taking their district to
federal court to fight
for their rights as professionals, and how their value - added scores, derived via the Education Value - Added Assessment
System (EVAAS), have allegedly violated them.
I think the «American
System» overall would work better were U.S.
Courts ----
Federal and State ---- more willing, and more able, to assess to plaintiffs the defendants» costs and expenses
for bringing suits which are deemed to be frivolous.
The thoughtful, detailed analysis and judgment of the proposed move by the
federal government to create a national securities regulator shows how little improvement there really is likely to be
for the individual investor in solving key problems: high fees
for mutual funds, costly access to government of Canada securities, lack of fiduciary responsibility by the industry towards investors, inadequate civil
court recourse against misbehaving financial firms, priority given to financial
system protection over investor interests.
The lawsuit, filed Tuesday in
federal court, seeks damages from the five largest publicly - traded oil companies — BP, Chevron, ConocoPhillips, ExxonMobil and Royal Dutch Shell — to help pay
for the city's work adapting to climate change, including coastal protections and upgrading its sewer
system.
The parties to a putative class action lawsuit claiming that the
federal courts» PACER system routinely overcharges for document downloads have asked the U.S. Court of Federal Claims for more time to engage in settlement discussions, agreeing that discussions so far have been prod
federal courts» PACER
system routinely overcharges
for document downloads have asked the U.S.
Court of
Federal Claims for more time to engage in settlement discussions, agreeing that discussions so far have been prod
Federal Claims
for more time to engage in settlement discussions, agreeing that discussions so far have been productive.
Lawyers have a love - hate relationship with PACER, the
federal courts»
system for electronic access to records.
My latest «Ambrogi on Tech» column
for the ABA Journal looks at PacerPro, a better way to search the
federal courts» Public Access to
Court Electronic Records (PACER)
system.
«There is a real hunger
for this data,» says Lissner, adding that he expects the Supreme
Court's
system to be a better service than PACER, which provides public access to the lower
federal courts.
LawToolBox is an all - in - one
court rules provider, custom deadline template provider, and deadline management
system that offers solutions
for law firms and legal departments to automatically calculate deadlines
for matters or projects based on the rules of civil procedure
for state and
federal courts in all 50 states.
For example, in Garford Pty Ltd. v. Dywidag Systems International, Canada, Ltd, 2010 FC 997, a request to add claims for unjust enrichment were denied in the Federal Court as being outside the Courts jurisdicti
For example, in Garford Pty Ltd. v. Dywidag
Systems International, Canada, Ltd, 2010 FC 997, a request to add claims
for unjust enrichment were denied in the Federal Court as being outside the Courts jurisdicti
for unjust enrichment were denied in the
Federal Court as being outside the
Courts jurisdiction.
The most striking example of this is PACER, the
system for accessing electronic records of the
federal courts.
Participated in obtaining a summary judgment
for a hospital affiliated with a national health
system in a physician's multimillion dollar
federal court discrimination lawsuit, and obtaining an affirmance on appeal before the Eleventh Circuit Court of Ap
court discrimination lawsuit, and obtaining an affirmance on appeal before the Eleventh Circuit
Court of Ap
Court of Appeals
Since a 1947 constitutional revision rewrote the state's judiciary article, New Jersey has operated under a modified
federal system for appointment to the state's top
courts (Supreme, Appellate Division of the Superior
Court, and Superior
Court) where governors appoint and the senate confirms any qualified person
for an initial term of 7 years.
In response to the policy argument against allowing relitigation of class certification, the
Court noted that stare decisis and comity are the legal system's remedies for repetitive litigation that falls outside of the rules of preclusion, and that once a class action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S
Court noted that stare decisis and comity are the legal
system's remedies
for repetitive litigation that falls outside of the rules of preclusion, and that once a class action is removed to
federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S
court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C.??
After nearly a year of effort, the Free Law Project has downloaded every opinion and order from the
federal courts» PACER
system and has made them available
for search through its RECAP archive of PACER documents.
In March in my ABA Journal column, I reviewed PacerPro, a free service
for searching the
federal courts» Public Access to
Court Electronic Records (PACER)
system.
The Free Law Project, a non-profit dedicated to providing free, public access to primary legal materials, has announced plans to download all of the free opinions and order available on PACER, the
federal courts»
system for electronic access to
court records.
The
federal judiciary violated
federal law when it used Pacer fees
for courtroom technology and other projects that don't provide the public with access to information stored in the
courts» electronic docketing
system, a
federal judge has ruled.
A lawsuit claiming that the
federal courts» PACER
system routinely overcharges
for document downloads has survived the government's motion to dismiss.
Rosemary Barkett, the first female Chief Justice of the Florida Supreme
Court and former federal judge of the U.S. Court of Appeals for the 11th Circuit believes that the court system is not an appropriate place to resolve divorce - related mat
Court and former
federal judge of the U.S.
Court of Appeals for the 11th Circuit believes that the court system is not an appropriate place to resolve divorce - related mat
Court of Appeals
for the 11th Circuit believes that the
court system is not an appropriate place to resolve divorce - related mat
court system is not an appropriate place to resolve divorce - related matters.
In the mid 1980's The Florida Bar, the Governor of Florida and the Chief Justice of the Florida Supreme
Court appointed a Commission, The Florida Bar's Special Commission on Access to the Legal
System, to assess and make recommendations on the problem of lack of adequate access to the legal system by the poor and middle class The Commission found that cuts in federal support for legal assistance to the poor had greatly exacerbated the access problem and one of the commission's recommendations was to amend the Rules Regulating the Florida Bar making pro bono legal assistance to the poor mand
System, to assess and make recommendations on the problem of lack of adequate access to the legal
system by the poor and middle class The Commission found that cuts in federal support for legal assistance to the poor had greatly exacerbated the access problem and one of the commission's recommendations was to amend the Rules Regulating the Florida Bar making pro bono legal assistance to the poor mand
system by the poor and middle class The Commission found that cuts in
federal support
for legal assistance to the poor had greatly exacerbated the access problem and one of the commission's recommendations was to amend the Rules Regulating the Florida Bar making pro bono legal assistance to the poor mandatory.
They also represent the state
courts in their relations with the
federal court system and serve as the principal mouthpiece
for the state
courts on Capitol Hill.
Gideon spawned
systems for court appointment of criminal defense lawyers in every state and in the
federal courts.
As a rule, each State can make its own rules
for its
court system, and the overarching
Federal system has its own rules as well, although they run off of...
The
federal district court in Tyler, Texas, did not commit reversible error in entering judgment against ALE USA (formerly known as Alcatel - Lucent Enterprise USA) for infringement of networking patents asserted by Chrimar Systems, the U.S. Court of Appeals for the Fed
federal district
court in Tyler, Texas, did not commit reversible error in entering judgment against ALE USA (formerly known as Alcatel - Lucent Enterprise USA) for infringement of networking patents asserted by Chrimar Systems, the U.S. Court of Appeals for the Feder
court in Tyler, Texas, did not commit reversible error in entering judgment against ALE USA (formerly known as Alcatel - Lucent Enterprise USA)
for infringement of networking patents asserted by Chrimar
Systems, the U.S.
Court of Appeals for the Feder
Court of Appeals
for the
FederalFederal Ci
Defended international manufacturer of steel fabricating
system in
federal court for multi-million dollar property damage claim arising out of massive molten steel spill and involving design defect claims.
Prior to joining IPF, Ms. Dolan spent 5.5 years with the Kentucky's statewide public defender
system, the Department of Public Advocacy (DPA), litigating post-conviction cases
for capital and non-capital clients in both state and
federal court.
These common - sense reforms will make litigation simpler, less expensive
for taxpayers, and more in line with the vast majority of states and the
federal court system.
Also, it occurs to me that perhaps the
federal system ought also to be on this list because three
federal executions scheduled
for the Spring were postponed while Hill was being considered by the Supreme
Court, and I have not heard any word to suggest that these executions are moving forward.