on
A good federal court decision against a coal mining expansion: There are no remedies for failure to consider climate change impacts
Not exact matches
This
decision probably shouldn't have been a surprise, because it basically said that the
court's 2010
decision in the Citizens United case, upholding the right of corporations to spend money in
federal elections, applies to the states as
well.
Since the Supreme
Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the
Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from
federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a
decision by the Supreme
Court, believe in
good faith that Mr. Obama is not an Article II «natural born citizen».
Super PACs like those, as
well as secretive nonprofit groups — both spurred by the 2010 Citizens United
decision and other
federal court rulings — allowed extremely wealthy activists to play in presidential and congressional politics like never before.
The US Supreme
Court's
decision in Windsor v. US, in June 2013, holding that denial of
federal tax benefits to same - sex widow Edith Windsor, which she would have received if her spouse had been male, was unconstitutional, has speeded up the process of legalising same - sex marriage in New Jersey, and may do so in other US states as
well.
His Senate has blocked Cuomo's attempts to expand abortion rights to protect late - term abortions, as
well as efforts to make sure
federal protections would continue if the U.S. Supreme
Court strikes down the Roe v. Wade
decision that made abortion legal nationwide.
THE PRESIDENT:
Well, we made a
decision that was a very significant
decision, based on my assessment of the Constitution, that this administration would not defend DOMA in the
federal courts.
That explains why Curran has been consistently trying to tie Martins to the man whose seat both candidates are trying to win, retiring Republican County Executive Ed Mangano, who opted not to seek re-election as he fights
federal corruption charges; as
well as former Senate Majority Leader Dean Skelos, another Long Island Republican felled by a
federal corruption case, (though his conviction was overturned due to a U.S. Supreme
Court decision).
Sean Ryan
[email protected] The Wisconsin Department of Transportation had
better fix its public hearing process and justify its
decisions or it will end up back in
court, according to grass - roots organizers who won a
federal case against the state.
While U.S. Supreme
Court decisions on a
federal statute do not necessarily bind state
courts, its
well - argued position should be influential.
Over time, key
court decisions, as
well as later revisions to the
federal law and regulations issued by
federal agencies, have spelled out the rights of students and the obligations of school districts.
The
Federal Court of Appeal's Hospira decision therefore raises questions about the role and jurisdiction of prothonotaries in the Federal Court as well as these appeal routes with the Federal Court as the court equalizes the standard of reviews between prothonotaries and ju
Court of Appeal's Hospira
decision therefore raises questions about the role and jurisdiction of prothonotaries in the
Federal Court as well as these appeal routes with the Federal Court as the court equalizes the standard of reviews between prothonotaries and ju
Court as
well as these appeal routes with the
Federal Court as the court equalizes the standard of reviews between prothonotaries and ju
Court as the
court equalizes the standard of reviews between prothonotaries and ju
court equalizes the standard of reviews between prothonotaries and judges.
«We have pretty strong indications that [the Obama administration] is going to make a
decision right away [to remove Khadr from the military commission system], and it may
well be to charge Omar before a U.S.
federal court with some criminal offenses,» Whitling explained.
Has coverage of yesterday's Supreme
Court decision in Citizens United v.
Federal Election Commission (PDF) got your feed burner feeling a bit...
well, overfed?
«After eight years of Republican majorities and relatively
well - balanced NLRB
decisions, most of which were accepted by the
federal circuit
courts of appeals, the Obama Administration will usher in a new Democratic, pro-union majority set to reverse Bush Board
decisions and much more,» says the report, The National Labor Relations Board in the Obama Administration: What Changes to Expect.
The majority's
decision did not sit
well with Roberts and Kennedy, both of whom dissented, asserting that the
decision is «contrary to the Supremacy Cause and the Framers»
decision to vest in «one supreme
court» the responsibility and authority to ensure the uniformity of
federal law.
This has been supplemented by
court decisions as
well as many findings by
Federal and Provincial Privacy Commissioners.
Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several
well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate
court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the
Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
He handles appeals in both state and
federal courts, representing clients seeking to affirm a favorable trial
court decision as
well as those whose goal it is to obtain a reversal.
The
court, tackling choice of law rules to determine applicable state law to analyze the preclusive effect of the prior
court decisions, embraced the notion that «nationwide uniformity in the substance of the matter is
better served by having the same - preclusive rule (the state rule) apply whether the dismissal ordered by a state or a
federal court... [Thus, the
court adopts] the law that would be applied by state
courts in the State in which the
federal diversity
court sits.»)
Members of the group monitor state and
federal appellate
courts in Pennsylvania, Delaware, Massachusetts, New Jersey, and New York, as
well as the Supreme
Court of the United States, to report breaking appellate
decisions important to our clients.
He held that the
Federal Court's
decision was contrary to the
well - established principle that
courts will not intervene and provide relief until after legislation is enacted:
Presumably in an effort to get earlier and ultimately more attention from the Supreme
Court clerks evaluating cert petitions, Samsung yesterday filed (once agai
well ahead of a deadline) an optional reply brief in support of its request that the Supreme
Court review the
Federal Circuit's en banc
decision in the second Apple v. Samsung case (this post continues below the document):
The Lash & Goldberg LLP consumer litigation defense practice group closely monitors trends and developments in the consumer litigation defense area including state and
federal trial and appellate court decisions, as well as pronouncements by the Federal Trade Commission and the Federal Communications Comm
federal trial and appellate
court decisions, as
well as pronouncements by the
Federal Trade Commission and the Federal Communications Comm
Federal Trade Commission and the
Federal Communications Comm
Federal Communications Commission.
Best then filed an application with the
Federal Court of Canada for a Judicial Review of Sabourin's
decision.
What attracted far more attention was one of his
best - known judgments: a dissent in the
Federal Court of Appeal
decision in the Omar Khadr case, in which Nadon sided with the government.
Mary handles all types of Canadian immigration matters and visas, with a focus on contesting negative and complex
decisions at all three divisions of the Immigration and Refugee Board of Canada (IRB) as
well as at the
Federal Court of Canada.
37 It cited Wikipedia itself as to how it is «openly editable,» as
well as a number of
federal court decisions «troubled by Wikipedia's lack of reliability» and ultimately concluded the government could not show there was «no reasonable possibility» that the jury's verdict was not impacted by the internet research.38 At least one
federal court has followed Lawson to set aside another jury verdict based on a juror's research on the IRS website, which, although equally beyond the scope of the evidence at trial, is undoubtedly more reliable than a website like Wikipedia.39
A
court of appeals hears challenges to district
court decisions from
courts located within its circuit, as
well as appeals from
decisions of
federal administrative agencies.
Rhode Island Lawyers Weekly reports
decisions issued by all the state and
federal courts in Rhode Island, as
well as changes to
court rules, verdict and settlement reports, disciplinary notices and all other news vital to attorneys in the state.
Massachusetts Lawyers Weekly newspaper, founded in 1972, reports
decisions issued by all the state and
federal courts in Massachusetts, as
well as changes to
court rules, verdict & settlement reports, bar - discipline notices and all other news vital to attorneys in the commonwealth.
In line with a growing trend reflected in
decisions from state supreme
courts (those in Georgia, Massachusetts and Oregon), as
well as from several
federal trial
courts, the New York intermediate appeals
court recognized that «attorneys who have sought the advice of their law firm's in - house general counsel on their ethical obligations in representing a firm client may [properly] invoke [the] attorney - client privilege to resist the client's demand for the disclosure of communications seeking or giving such advice.»
Mary has handled all types of Canadian immigration matters and visas, with a focus on contesting negative and complex
decisions at all three divisions of the Immigration and Refugee Board of Canada (IRB) as
well as at the
Federal Court of Canada.
While this is
good news for folks like me who view the proper judicial role as weak, one wonders why
federal district judges, unlike say Supreme
Court Justices, tend not to be ideological in their
decision - making.
The Ottawa Citizen is reporting on this (Spy agency admits it spies on Canadians «incidentally») as
well as the recent
Federal Court decision that found CSIS and Department of Justice lawyers deliberately misled the
Court in order to obtain warrants.
The opposition to the exception by the
Federal Crown, appealing the
decision made by the B.C. trial
court last summer, was based on the rationale that the science on harm reduction was mixed, and the money could be
better allocated elsewhere, according to information by the Minister publicly found on the website.
At one time or other, Quicklaw databases included: Public Records — Databases of
federal and provincial legislation, the judgments of Canadian
courts, and the
decisions of Canadian administrative tribunals, as
well as case law from the U.S. and the Commonwealth.
You can give it a spin to see how it compares with a straight - up Google search or your
best Boolean concoction: CaselawCognition searches a database containing U.S.
federal courts of appeal and Supreme
Court decisions [1950 to the present: PDF] made available online by Public.Resource.org.
Accordingly, Justice Shore determined that adult dependents are not entitled to
best interests of the child consideration, a principle which has since been upheld in numerous
Federal Court of Canada and Immigration and Refugee Board
decisions.
As
well as reviewing the changes to the native title system, I consider four significant
Federal Court decisions in this year's Native Title Report.
However, in the interim, the Commission welcomes the Government's
decision to clarify the
good faith negotiation requirements in the Native Title Act following the High
Court's
decision [32] to refuse special leave to appeal the
decision of the Full
Federal Court in FMG Pilbara Pty Ltd v Cox (FMG).
TREB disagrees with the
decision of the
Federal Court of Appeal and will be seeking leave to appeal the
decision together as
well as an order staying the
decision pending the outcome of that appeal, if granted.