Trump lawyer Patrick Philbin said the White House's contention is based on case law interpreting constitutional case law giving constitutional power to the House — not a House committee or individual member.
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U.S. case law provides many other examples of nuanced distinctions.
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Stansel said the available case law supports the industry's position.
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""In Golunov's case, law and justice won in the end.
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Most people can understand this, even without reading case law.
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Mr. Bottino said Brazil's case law gave journalists broad protections.
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It says it is basing this assessment on current case law.
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"So there's no case law from the last downturn," said Schultz.
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Wade or other case law, we thought it was really important.
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While limited, the existing case law favors Mueller, as it should.
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And there is no case law that directly discusses that issue.
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However, the case law is at best mixed for the challengers.
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"I would like to know what case law supports that," Jackson said.
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Citing several instances of case law, the Ninth Circuit rejected that defense.
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The FBI is investigating the case, law enforcement officials told NBC News.
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And they say it has been settled by years of case law.
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Again, Judge Gorsuch wrote for the Court and followed existing case law.
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The mildest was reform of the WTO's case law to meet Washington's concerns.
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SM: Lawyers are relying on case law that defines what a security is.
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He describes the process as "case law," in that most infractions have precedents.
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And in PETA's defense, the relevant case law is kind of not great.
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I don't think that they will withstand the courts under current case law.
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I still question that interpretation but there is case law to support it.
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There has been no case law to justice the doctrine of absolute immunity.
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There is nothing in the Constitution, statute or case law on the issue.
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Who are beholden to case law and the Constitution, not a bully president.
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But the Solicitor General went a step further than just reciting old case law.
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Foley cited case law that supports Congress' ability to set a deadline for ratification.
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But that doesn't change the fact that case law is on Big Tech's side.
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"I'll take a look (at prior case law) when there's more time," Goldgar said.
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The judge also relies on case law, including Williamson Country Regional Planning Commission v.
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"Defendant cites no case law to support this premise," Klausner wrote in his decision.
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The ruling represents a twist in recent case law applying to the gig economy.
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There is some case law on this point, but there's been disagreement about it.
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Environmentalists have been working for years to build such a body of case law.
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It is not unusual for case law to evolve in an ideologically understandable way.
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It's hard to say who's right, because there's no actual case law either way.
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His legal team spent the weekend poring over case law and investigating the facts.
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Now there is case law about how I can consider what I can consider.
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Supporters of the program also argue that current case law supports the program's constitutionality.
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I think that there's plenty of case law around that subject, but we shall see.
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There is conflicting case law -- as evidenced by the cases cited in this week's lawsuits.
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Under existing case law, journalists are afforded little more protection from surveillance than average citizens.
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Like the Sherman Act, the Clayton Act's intent has been subverted by misguided case law.
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Case law has firmly established that sexual violence is an issue of gender-based discrimination.
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The only case law they came up with -- from Scottish monarchic rule -- didn't cut it.
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He does take issue with the AG's opinion in one respect — specifically its reference to what he dubs "surveillance friendly case law" under the European Convention on Human Rights — instead of what he couches as "the clear case law of the Court of Justice".
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And the Government's metadata collection program readily qualifies as reasonable under the Supreme Court's case law.
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No case law or constitutional precedent upholding police use of facial recognition without a warrant exists.
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"We apply our rights and case law from the European Convention on Human Rights," Webley said.
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Moreover, case law and past precedent of every preceding governor without exception supports the plaintiff's argument.
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By attempting to settle, PETA was likely dodging new case law that would affirm that precedent.
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Bozanic said she wasn't surprised the judge ruled against her client, given the limited case law.
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"The rule and the case law thus doom DOJ's ill-considered venture here," the brief asserts.
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It also cites additional case law meant to strengthen the argument that Trump didn't obstruct justice.
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Notably, in Chaney's case, law enforcement also proved that he posted nude images of celebrities online.
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Mr. Simcox's trial took an unexpected turn that could have an impact on future case law.
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FBI investigations are not generally considered a pending proceeding and case law has rejected such claims.
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"Case law suggests the court would probably enforce a subpoena" for the Mueller report, Treanor said.
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"Then I looked up the case law and said, 'Wow,'" Ms. Khawam said in an interview.
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Such a move, he argued, violated the Clean Air Act, as well as established case law.
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The theory may not work because the statutory exception has been interpreted narrowly in case law.
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It codifies recent case law that distributors may purchase products for personal use if they desire.
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But abundant case law says courts should review administrative actions to ensure conformity with congressional requirements.
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Case law already makes clear that trans women need to be referred to and treated as women.
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These summaries anthologize and condense years of case law into more simple takeaways that can be used.
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Then I start working, reading through the legal news and case law updates and tackling my inbox.
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Forty-nine states have statutes or case law that protect reporters from revealing sources to government officials.
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Through established case law, it is clear that this compensation could be far less than market prices.
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Doe (1982), there is over a century's worth of case law affirming birthright citizenship and its benefits.
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And the law of the state — and the case law interpreting it — is what will govern divorce.
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I have never signed a court document without knowing all the facts and reviewing cited case law.
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Over the last few decades, states have systematically eliminated the corroboration requirement by statute and case law.
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Case law remains untouched, and the shareholders not involved in the process have no idea what happened.
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For conservatives to say they're 'shocked, shocked,' they should look at the constitution and some case law.
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The case law is a bit unsettled, but the most relevant Supreme Court case is Snepp v.
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And, according to the company, under case law from 2016's Beatrice Corwin Living Irrevocable Trust v.
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"This could become case law and that would affect the entire country, all journalists there," Brennan said.
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"This request is unprecedented and is not supported by case law in this Circuit," the filing continues.
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"If you look at the historical case law, similar offenders would have much lighter sentences," she said.
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And the upcoming cases involving UK human rights organisations will change the nature of case law in Europe.
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Solache and Reyes' appeals also helped establish critical case law that's aided other Guevara defendants in their exonerations.
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What Sasser has found here is a kind of case law — and the rudiments of a justice system.
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So, in case law terms, the direction of travel for legal liabilities in this area seems fairly clear.
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He also suggested they would likely publish their decisions, creating a kind of case law around Facebook policies.
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This directive is a common-sense approach, not to mention entirely consistent with well-settled discrimination case law.
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" It also found Moore's use of case law in the order to probate judges "incomplete, misleading, and manipulative.
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"It's not like you have reams and reams of case law on the emoluments clause," the chairman said.
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As far as case law goes, there are more consequential decisions than The United States of America v.
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We're going to be looking back at the case law from this gigantic case for a long time.
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This is contradicted by medicine, science, and a robust body of case law, and these discriminatory actions won't stand.
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Versus a constitutionalist that is -- yeah, would actually just uphold the constitution and construe and read the case law.
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But he said the court's reversal created new case law that would bar him from prosecuting the case today.
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I settle in at my desk and check my Robinhood account before getting started on some case law research.
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It would have got nowhere without centuries of treaty-making and decades of case law to back it up.
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Deferring to state legislatures over "questions of medical uncertainty is also inconsistent with this court's case law," Breyer added.
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"The case law is very clear," Joshua Sivin, senior counsel at the Law Department, said in court on Wednesday.
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Quarantines have been imposed over the centuries, but longstanding case law dictates that they not be unreasonable or arbitrary.
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At this point, a federal law is the only cure: Case law places virtually no limits on mandatory arbitration.
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Trump has appointed a record number of judges — 50 — to powerful circuit courts where most case law is decided.
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It should be transferred to that panel and the matter reframed to fit controlling legal interpretations and case law.
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But case law hasn't exactly been on their side, and lack of candor cases have been challenged and reversed.
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With relatively little case law, they said, it is uncertain how a judge might respond to Mr. Greitens's motion.
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Facebook is trying to appeal the referral by challenging Irish case law — and wants a stay granted in the meanwhile.
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Different techniques will come into fashion, and then fall out of favor as case law makes that strategy less plausible.
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How bona-fide scholarship differs from political activity is unclear in the statute and barely considered in the case law.
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Judge Jennifer Schecter said she would review all the case law and make a decision over whether it should continue.
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Jurists who find these questions perplexing are more likely to find clarity in basic moral philosophy than in case law.
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He believes the theory is already there, in case law as well as the Constitution (including court decisions interpreting it).
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The courts are gradually coming to some reasonable interpretations based on previous case law, and that's as it should be.
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Extensive case law in state and federal courts has further clarified what does and does not constitute a pyramid scheme.
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Either way, the agency's order runs afoul of both the clear language of the statute and the relevant case law.
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However, 49 states and the District of Columbia offer some variation on reporter's privilege through either case law or statute.
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Provide Room for Case Law to Help with Regulation We like to think that every innovation we create is unique.
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Indeed, one way frequently overlooked response to similar types of technical innovation occurs through the emergence of new case law.
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As pointed out during his questioning, this mental state is not in the statute or case law applied to 1924.
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There is no citation pointing a reader to what part of the Supreme Court's case law validates the administration's position.
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A new lawsuit, led by New York state, argues that federal rule disregards congressional intent and decades of case law.
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Where existing case law requires courts to use a scalpel in striking down provisions, judges pulled out a meat ax.
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He also argued that there&aposs no case law to support the notion that schools must completely eliminate violent incidents.
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Under modern case law, that means that agencies need to conduct analyses of the rule's consequences and address serious critiques.
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He spent hundreds of hours studying case law in the prison library and wrote dozens of petitions, briefs and motions.
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S. Supreme Court and Ninth Circuit case law suggest that a presidential pardon leaves intact the recipient's underlying record of conviction.
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"The influence of our case law on third partners is very, very big," says Koen Lenaerts, the president of the ECJ.
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"So there's a whole system in place that everyone keeps passing the buck and there's no case law yet," says Lee.
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|
New case law will inevitably emerge as AI and machine learning are used more and more, and deployed more in practice.
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The immunity concept has been invoked by previous administrations of both parties, but there is little case law on the subject.
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Under case law from the federal appellate courts, including the 4th U.S. Circuit Court of Appeals in 1972's U.S. v.
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The policy, which emphasizes de-escalation in police confrontations, is more restrictive than current Supreme Court case law, police officials said.
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Many have a body of case law with decisions that cite to, and draw influence from, state and federal court decisions.
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The relevant case law, concerning the Eighth Amendment's prohibition against cruel and usual punishment, came down after Malvo was originally sentenced.
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However, Hinduja has found that complexities and conflicts within written case law make it difficult to define and prosecute online behavior.
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And it could impact case law that precludes firing anyone -- gay, straight or cisgender -- for not adhering to sex-based stereotypes.
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The truth is that nothing has changed in three years regarding case law, but much has changed on the Supreme Court.
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Its decisions will be public, and will serve as precedents — meaning that a kind of case law will develop over time.
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Cox Enterprises, dragged on for years, eventually becoming part of case law regarding whether newspapers should have to reveal their sources.
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It is well-established case law that a defendant cannot be convicted on evidence that was wrongfully collected by law enforcement.
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Experts say the administration cannot undo decades of case law protecting transgender people through bans on sex discrimination and sex stereotyping.
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Ironically, the Carpenter decision makes it more likely that police will aggressively exploit the weaknesses of the Court's consent case-law.
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At its core, ROSS is a platform that helps legal teams sort through case law to find details relevant to new cases.
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He has made it very clear that hewing to established case law is not a top priority here (sad face, Merrick Garland).
|
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The government has investigated 115 cases involving 128 victims under the "cold case" law named for Till, the March federal report said.
|
|
On the other hand, Article 9 of the European Convention, and the recent case law it has generated, carry no such requirement.
|
|
In addressing one of the charges, Bentley's legal director David Byrne argued federal case law allowed Bentley to pay Mason's legal fees.
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Knowing what case law is out there gives us the tools we need to know where judges are struggling with the law.
|
|
The Wisconsin appellate panel acknowledged the weight of that precedent – but it said case law is not as uniform as Armslist asserted.
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Put simply, non-originalists believe that constitutional case law is a process grounded in the on-going experience of the American people.
|
|
Darnovsky noted that in the Golden State Killer case, law enforcement found their way to the suspect by using DNA from relatives.
|
|
If Mr. DerOhannesian prevails — and all the case law suggests that he will — it will be as if the conviction never happened.
|
|
There is virtually no case law on the immunity concept, which experts view as an outgrowth of the notion of executive privilege.
|
|
Instead, the same experts and House members now claim three new crimes with equal certainty, but even less support under case law.
|
|
She told me she wouldn't be surprised if, in the coming years, legislation and case law refined our understanding of sexual harassment.
|
|
There is no case law, Judge Friedland said, addressing an alleged failure to disclose an ownership stake in the arbitration provider itself.
|
|
The DOJ used BMI's own statements and case law to show that BMI and ASCAP are currently required to license full compositions.
|
|
They engaged in an extended back-and-forth about the case law, with Srinivasan appearing to disagree with some of Kamenar's interpretations.
|
|
But they also said it was far from certain that the theory, which was not based on established case law, would succeed.
|
|
Michigan's Constitution, legislation and case law clearly state that properties cannot be assessed at more than 50 percent of their market value.
|
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Under New York case law, it is difficult for prosecutors in the state to introduce evidence at trial about earlier uncharged crimes.
|
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There's extensive case law on racial gerrymanders, which has established that racial discrimination in districting is subject to strict scrutiny by courts.
|
|
Until Trump's ascension to the presidency, it had never been litigated, so there was absolutely no case law to illuminate what it says.
|
|
And an appeal by either side has the potential to work its way through the federal court system to become significant case law.
|
|
Allergan said it entered into the deal after reviewing recent case law showing it was harder to challenge patents held by certain entities.
|
|
Individual drivers looking to escalate an issue can't bring it to court, keeping whatever ruling might have resulted from becoming valuable case law.
|
|
There is little case law to date, Ms. Bertini said, so employers are wise to be cautious — but, she added, they needn't overreact.
|
|
Officials said the changes would clarify "decades of precedent, both case law and guidance," that currently stands in the way of such plans.
|
|
When the San Bernardino fight began in February, there was very little established case law interpreting the All Writs Act and US v.
|
|
Established case law mandates that Congress demonstrate the intent to retain control clearly and with specific language particular to the records at issue.
|
|
While both Republican and Democratic administrations have invoked the immunity concept, legal experts say there is virtually no case law on the subject.
|
|
When it comes to allegations of misconduct, some case law allows information that would intrude on an individual's privacy to be kept secret.
|
|
There is considerable case law on the involuntary confinement of patients diagnosed with tuberculosis when it was the most fearsome contagious disease threat.
|
|
Artistic expression has long been protected by the First Amendment—an uncontroversial proposition that is well established in the Supreme Court's case law.
|
|
In the 19-page document filed Tuesday, Wang argues that Trump's legal team mischaracterized the legal standards that apply to the case, in part, by erroneously relying on federal case law rather than state case law, which applies in this case; and that he is not likely to succeed on the merits of his appeal to have the case dismissed.
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|
Now I can't find in reason, or in case law or in anything I've ever learned in antitrust, anything that would conflict with that.
|
|
It's a classic question in science fiction, but we've reached a point where the question can be hammered out in actual case law too.
|
|
The senior official said that, per case law, a contribution to a state and local government for a specific purpose is a charitable contribution.
|
|
In many domains, U.S. law involves a complicated patchwork of legislation, regulation, and judicially-made case law that is not easily reduced to writing.
|
|
He said that while he may not agree with the underlying case law that CNN's argument was based on, he had to follow it.
|
|
The concept of immunity has been invoked by various Democratic and Republican administrations, but there is virtually no settled case law on the subject.
|
|
Choreography and US copyright law Based on existing case law, the dance creators may have a tough time in court on a copyright claim.
|
|
The law is in direct defiance of the Supreme Court and settled case law, and what's more, the Mount Rushmore State knows it's unconstitutional.
|
|
If we can't get it into the Constitution, this is a way to at least get it into case law to set a precedent.
|
|
Malvo argued in a federal petition that his sentences didn't align with current Supreme Court case law that judges must follow when sentencing juveniles.
|
|
Pennsylvania case law permits such evidence at the preliminary stages of a criminal prosecution, though the issue is pending before the state Supreme Court.
|
|
That has not changed because of Alice, and a mounting body of case law ensures it is not likely to do so in future.
|
|
The group should imagine a holistic picture of how speech rights are under attack right now, not focus on only First Amendment case law.
|
|
Those rules are consistent with prior IRS practice and case law on prepaid property taxes, said Nicole Kaeding, an economist for the Tax Foundation.
|
|
But if Congress takes the administration to court over Trump's taxes, little case law would be available to help guide judges, legal experts say.
|
|
Mr. Hernandez's death means his murder conviction is expected to be vacated under a centuries-old legal doctrine enshrined in Massachusetts' criminal case law.
|
|
Unlike in the criminal code, there are no elaborate rules of procedure or vast set of detailed statutes and case law to guide impeachment.
|
|
It's all about the midterms Kavanaugh's confirmation gives the court a conservative majority that is likely to shape case law for the next generation.
|
|
It was confident and witty, and covered eclectic subjects ranging from obscure case law to predictions about how the Harry Potter series might end.
|
|
" In April, the Second Circuit in New York upheld that court's decision, even though it noted "a longstanding tension in Title VII case law.
|
|
"On the other hand, case law has recognized that land restrictions in the US territories may deviate from traditional equal protection principles," Villazor added.
|
|
Kasich said he vetoed the heartbeat amendment to avoid lengthy and costly litigation that was likely to end in defeat, based on recent case law.
|
|
But there is also emerging case law that says when it comes to medical bills, you can clear a negative report by simply paying it.
|
|
Instead, they built a spinoff, a search bar separate from Google-prime that would only look for journal articles, case law, patents—hardcore primary sources.
|
|
I asked Zuckerberg today whether he thought the body should publish its opinions, creating a kind of case law; he told me that he did.
|
|
From a case law perspective, you have to look at how platforms would be analogized to other private entities that that post and curate speech.
|
|
"In a large number of states, we don't have statutory or case law guidance," said Hardman, the lawyer and former US Marines signals intelligence expert.
|
|
The program will cover case law and ethical rules governing electronic evidence, including the use of cellphones and tablets, social media and email in litigation.
|
|
But it was one that took advantage of the fact that there was a gap in case law around this specific issue at the time.
|
|
Putting aside Whitaker's performance (presumably designed to gain the president's approbation), the administration seems to have case law on its side — at least for now.
|
|
The Constitution includes a legal standard of "high crimes and misdemeanors" that has long been defined in light of controlling legal definitions and case law.
|
|
"Religious use" requires neither FDA approval nor a clinician; precisely what it does require remains to be determined by case law, or by new legislation.
|
|
While codes, case law, and legal decisions provide limits on what police officers can do, critics have argued that may actually protect officers over citizens.
|
|
But while there is plenty of case law regarding the copyrighting of songs and written works, there is far less in the record regarding choreography.
|
|
"The Executive's current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law," Bates wrote.
|
|
It also cites the famous Frost-Nixon interviews, modern case law and comments by Nixon and Clinton in the context of their own impeachment processes.
|
|
I suggest boycotting certain news sources and trying to get case law brought about so there are CONSEQUENCES for publishing illegally leaked and false news.
|
|
In a less visible, but equally appalling move, Sessions has rewritten well-established case law to eliminate the types of asylum claims brought by Central Americans.
|
|
It's not clear how that will change hiring of entry-level lawyers, whose jobs are often based on slogging through old case law at odd hours.
|
|
Both sides got very, very good at this, not specifically answering any case law, potential law that could come up or issue that could come up.
|
|
"This package is inconsistent with the objective element of impartiality as protected under the case law of the European Court of Human Rights," the statement said.
|
|
His financial dealings with Parnas and Fruman, though, are under scrutiny by investigators overseeing the case, law enforcement officials briefed on the matters previously told CNN.
|
|
While the full implications of the reform are not yet clear, Nesbitt believes case law gives a strong steer — perhaps especially in the instance of Uber.
|
|
Given that there's no case law yet under the new General Data Protection Regulation regime, it will be up to the courts to decide, he said.
|
|
Yet conservatives do agree with liberals than Gorsuch is more conservative than Scalia in at least one area of case law, known as the Chevron deference.
|
|
Berman Jackson pressed both sides largely on questions of case law and appeared somewhat skeptical about Manafort's arguments that evidence should be purged before the trial.
|
|
The impacts of Buckley echo today in the morass of case law coming from the bench that has fundamentally changed who has power in our politics.
|
|
Across the United States, wrongful death lawsuits involving Tasers have created a body of case law restricting the use of a weapon that reshaped law enforcement.
|
|
Bloom, citing case law, wrote that the amendment generally protects people from actions by the state, rather than requiring the state protect them from third parties.
|
|
Concord's 63-page argument against Mueller's work is a dense collection of case law and legal theory, testing the special counsel's powers against the US Constitution.
|
|
"This case does not involve anything like 'national security, the formula for Coca-Cola or embarrassing details of private life,' " the group said, citing case law.
|
|
But it also told the judge that "there appears to be no case law suggesting that an individual must be provided counsel before he relinquishes citizenship."
|
|
"The discipline imposed is so disproportionate as to be shocking to one's sense of fairness under New Jersey case law," Mr. Piekarsky said in a statement.
|
|
"There is no due process, no transparency, no case law, and no expertise on these very complicated legal and social questions behind these decisions," she said.
|
|
Third, this case law plus the endangerment finding — which remains a valid and binding regulation — together trigger a legal obligation to act, as Obama's EPA concluded.
|
|
She read aloud case law saying prosecutors had sole discretion in choosing not to prosecute a case, and the two began to speak over each other.
|
|
"The case law as it stands today would make the structural breakup of any of these companies very challenging," an antitrust expert based in Washington said.
|
|
Case law on the subject is all over the place, but for example, a 1990 court case established "telepossession" standards for the robotic exploration of shipwrecks.
|
|
GATT/WTO trade rules are fairly straightforward, although they have been codified in dozens of separate agreements and there is an extensive case law arising from disputes.
|
|
McGhee paired up with Nick Stephanopoulos, an up-and-coming law professor at the University of Chicago, to frame and situate the standard in the case law.
|
|
RCFP argued – and cited case law supporting the argument – that the public has a right to see case records in a prosecution that has become publicly known.
|
|
"Those are the factors, and there are strict guidelines that we follow, based on case law handed to us; we are continuing to investigate that," he said.
|
|
In their justification for why the courts should block the release of the president's taxes, Trump's lawyers cite case law from an 1880 ruling as their precedent.
|
|
This other victim might have seen a different, more physically threatening side of Danny, or maybe she will help extend cyberstalking case law to nonviolent crimes, too.
|
|
That isn't clear what that clarification will look like but I believe it will be based on existing case law — including of course, notably, the Uber litigation.
|
|
Asylum is a discretionary remedy, as established by case law, and the government has the right to reject asylum claims even of those who satisfy eligibility requirements.
|
|
Sure, there are interesting interpretations of clauses and complicated case law that give phrases greater meaning, but not all of the text is that hard to discern.
|
|
"We thought the judge had done the right thing, but the Supreme Judicial Court has reinvented the case law in this," Capeless said in a telephone interview.
|
|
Blind and without fingers with which to read Braille, he had to study by listening to recordings of case law and lectures and relying on his memory.
|
|
Philbin's answer is highly disputed and was actually refuted by the most recent case law on the matter, which came from the federal district court in Washington.
|
|
In many states, non-competes rely on case law — that is, the agreements are upheld or rejected in a court of law based on precedent, not statute.
|
|
"There is some case law where if the court decides that what they're doing is unconscionable, that can be a claim in and of itself," he said.
|
|
She doesn't like the way he interprets case law, which obviously has exactly nothing to do with whether he's guilty of attempted sexual assault 36 years ago.
|
|
They should develop a kind of public social media case law, such that users and activists can challenge or accept the actual decisions the companies are making.
|
|
Davis said the European Court of Justice (ECJ) would have no future role in interpreting British laws, but that courts would be able to reference ECJ case law.
|
|
According to US copyright law, individual dance steps can't be protected, but choreographic routines can — and there's not much case law establishing a clear boundary between the two.
|
|
The EPA will focus on making sure states exercise their authority consistent with the intent of the statute and with existing case law, a senior administration official said.
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"An agency that has no power to regulate has no power to preempt the states, according to case law," van Schewick said in a statement provided to Motherboard.
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Judge O'Neill agreed, writing in his order that in an "exhaustive review" of state case law he found nothing allowing him to consider "uncharged conduct" at the sentencing.
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"This is certainly a defeat for the European Commission and indicates a certain relaxation of the formalistic case law on abuse of dominance," he said in a statement.
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Rod Rosenstein: Trump's unlikely hatchet man She said an effective memo would have to have more substance as well as cite case law and Department of Justice regulations.
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And while the university may or may not be in violation of case law, we should still expect more from institutions paid for in part by public dollars.
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" The four liberals or progressives in dissent devised their own test, foreign to Supreme Court case law on free speech: The government need only have a "reasonabl[e] . . .
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President Bush believed that judges should act as law interpreters and not lawmakers, and that they do so by using the text of the Constitution and case law.
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Now they can use this case law and my case to really hit home all the refurbishers out there that know me, and there's a lot that do.
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Case law on executive privilege is limited, and many constitutional experts expect that any such claims made by the Trump administration would precipitate an epochal Supreme Court case.
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The plaintiff, Michael Tersigni, said the district court erred by dismissing his claim for negligent marketing and ruling that it is inconsistent with recent case law in Massachusetts.
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Gorsuch disagreed with the way the court reversed the decision, called a "summary reversal," which happens when a lower court clearly erred based on well-settled case law.
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"We tell patients to bring their doctor recommendation with them, just in case law enforcement stops them," said Debbie Churgai, the interim director of Americans for Safe Access.
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While there isn't an enormous body of Supreme Court case law on the Origination Clause, what little there is supports the understanding that the clause would cover tariffs.
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Gerhardt said that the framers expected that over time, there would be case law that would help to determine what constituted "high crimes and misdemeanors" eligible for impeachment.
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For the record, I have long criticized the earlier orders against the travel orders as relying too heavily on campaign statements and too little on existence case law.
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He also argued that there&aposs no case law to support the notion that schools must reduce instances of student-on-student violence to zero, Courthouse News reported.
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Despite Trump's claim, there's more than a century of case law that suggests that the Constitution protects against just the type of legal decree he claims he is preparing.
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Impeachment is a congressional process: [W]ithout a dramatic change in the underlying case law, Trump's suggestion of appealing an impeachment conviction to the Supreme Court is genuinely absurd.
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Due to an absence of case law around the Deliberative Process Privilege, the FCC only really needs to claim that it "reasonably foresees that disclosure would harm" the agency.
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Giuliani's financial dealings with the two associates indicted on campaign finance-related charges are under scrutiny by investigators overseeing the case, law enforcement officials briefed on the matter said.
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The Justice Department unsuccessfully sought review of the Second Circuit's ruling in the Newman case, arguing that it represented a significant change in decades of insider trading case law.
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Jayashri Srikantiah of Stanford Law School argues that there is case law that validates sanctuary policies and there are constitutional problems with coercing states into action with financial threats.
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Without much case law to look to, the SCOTUS justices are in a tough spot in which they may have to make a decision that sets a major precedent.
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The judges did not find bulk collection itself to be in violation of the convention but noted that such a regime must respect criteria set down in case law.
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It would overrule Supreme Court case law that counsels judges to defer to an agency's "reasonable interpretation" of a statute if the legislation is silent on some key point.
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The 16th Amendment says that Congress can collect taxes on "incomes" without worrying about apportionment, even if the tax would have been a direct tax under prior case law.
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That is rather difficult to square with existing case law, particularly when the standard for a preliminary injunction requires a showing of a likelihood to prevail on the merits.
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"There is little case law on the question of general monitoring (prohibited according to Article 15 of the E-Commerce Directive), but the question is highly topical," says Schwemer.
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His lawyer, Amit Thakore, told Reuters he feels Grandine's sentence was higher than what the case law suggests, which he said is a range of five to seven years.
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Under existing case law, he noted, they can only bring a lawsuit to challenge the reviewers' classification determinations once the process is complete and a final decision is issued.
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It thus stands to reason that pre-14th Amendment case law meant to safeguard the subjugation of slaves has no place in the analysis of modern state gun regulations.
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If not, the capital defense offices are considering suing under Louisiana case law that says if there is not funding for the defense, the courts may simply halt prosecutions.
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In public toilets, because cubicles are single-occupancy, it is widely accepted and established in British case law that transgender people can use the facilities that best fit their identity.
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Each of these guidance documents is based on years of careful research to accurately reflect a substantial body of case law and proven best practices from schools across the country.
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Anonymity of clients, too, struck him as pointing toward the therapists being employees, although he said it's a novel consideration and there is no specific case law to point to.
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Farther up the road, a group of seven Native Hawaiian protectors chained themselves to a cattle guard as a second line of defense in case law enforcement arrested the kūpuna.
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Case law and legal institutions are so well established that business would be unlikely to move elsewhere, argues Tim Jones of Jubilee Debt Campaign, the British charity behind the idea.
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US District Court Judge Colleen Kollar-Kotelly concluded Monday that the Electronic Privacy Information Center did not have standing to sue on all of its claims under existing case law.
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This is because the case law focuses less on what was in a particular purchaser's mind at the time, and more on what the seller "offered or promised" those purchasers.
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Even with the stark, "all-or-nothing" nature of the exclusion order, case law demonstrates that the ITC can, and has, provided workable resolutions – and should continue to do so.
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Any new regulatory action has to fall within the bounds of longstanding laws like the Clean Air Act or the Clean Water Act, as well as the general case law.
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When it comes to the FBAR, Ozelli said recent case law found that foreign online gambling accounts did come with such reporting requirements, suggesting that cryptocurrency exchanges do as well.
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He said the factual details of the Morris County program are not entirely clear and there is not yet "a robust" case law in the lower courts on the question.
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The earlier case law indicated that diversity was a permissible government interest while holding that other possible rationales for affirmative action — trying to counter continuing discrimination, for example — were not.
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"It follows that national case law, such as that following from the judgment of 9 May 2013 ... ensures only limited protection for consumers," the ECJ said in its written ruling.
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The company's decision to ask the Supreme Court to hear its appeal against the High Court's CJEU referral lacks precedent in Ireland — so the company is challenging local case law.
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The Supreme Court has handed down this huge body of case law saying if police obtained evidence in violation of the Fourth, Fifth, or Sixth amendments, it's inadmissible in trial.
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A block on this type of merger would overturn decades of antitrust policy and case law: Vertical mergers have been viewed as promoting competition, with little effect on market concentration.
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It didn't exist legally as a concept until 1890 when Brandeis wrote a famous legal treatise on it, and most of the case law is actually from the 20th century.
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"The body of case law and their public messaging promotes the idea that pretty much anything related to an officer should be kept confidential — it's just really irresponsible," she said.
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Mr. Hale said Arizona case law allows victims of childhood sexual abuse to file claims within two years of recovering those memories, regardless of when the crimes may have occurred.
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"For decades, the tax code has become more and more detailed, with thousands of additional pages of statutes, regulations, and case law," the free-market group said in its paper.
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Assistant State Attorney Greg Kridos concluded that, despite strong indication of poor judgment, investigators found insufficient proof to satisfy statutory language and applicable case law relating to Florida's child neglect statute.
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The good news is that regulators will likely get a better understanding of what is necessary for this industry and mega-rich companies will be paying to build the case law.
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In this case, the U.S. Department of Justice's failure to release long-promised guidelines outlining how companies could ensure their websites comply with the ADA has left interpretation to case law.
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In this case, Chairman Neal appears to have met the threshold for establishing a legitimate legislative need for obtaining the tax information consistent with the Revenue Act and longstanding case law.
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There is no case law or constitutional precedent upholding police use of the tech without a warrant; courts haven't even decided whether facial recognition constitutes a search under the Fourth Amendment.
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Washington (CNN)Rudy Giuliani's financial dealings with two associates indicted on campaign finance-related charges are under scrutiny by investigators overseeing the case, law enforcement officials briefed on the matter said.
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"They're seeking ... to overturn the entire modern case law that the courts have put together to respect Congress' investigative power," University of Baltimore law professor Charles Tiefer told The Washington Post.
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This excuse has relevant pre-internet case law behind it: A few shock jocks on talk radio have successfully deflected defamation cases by arguing that no one took their comments seriously.
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And that&aposs not what the case law says because what we say it&aposs the inaction, right, it&aposs the governments who are not stepping in to protect their citizens.
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While most often we think of this as physical power, we now know that economic power is also relevant, and decades of case law have now deemed economic coercion equally illegal.
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The Department of Justice brief cites a growing body of case law on the unconstitutionality of "punishing people for their poverty," and highlights how the practice conflicts with public policy considerations.
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She thinks it will allow them to spend more time building arguments around case law rather than hunting for it, a part of the job that many lawyers "detest," she said.
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"Sexsomnia is a legitimate sleep disorder for which case law now exists to support its use in legal defenses based on automatism," concludes a 2015 medico-legal study of the disorder.
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In fact, the earliest case law regarding abortion was not designed to protect fetuses, but to protect women from shady doctors operating without licenses or a working knowledge of germ theory.
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" The letter does not prescribe new policy and cites case law to back up mandates like "Courts must consider alternatives to incarceration for indigent defendants unable to pay fines and fees.
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Jeong is a venerated tech culture journalist with a broad range of expertise, known for everything from authoring a book on systemic online harassment to reporting on major internet case law.
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RB: In three states, including Mississippi, the controlling case law on bite-mark evidence and whether or not it's scientific is one where the person was later found innocent and exonerated.
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However, as the case law has evolved, it is important that policymakers, innovators and others within the patent community take a fresh look at the results and impact of this decision.
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A substantial shift in case law holding Amazon liable for third party sales would change the way the marketplace operates, according to Sucharita Kodali, vice president and principal analyst at Forrester.
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I brought a cover letter going point by point through Michigan law and case law explaining how every element of first-degree criminal sexual assault was met and could be proven.
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If that were the case, the Supreme Court's massive body of constitutional case law – interpreting a slew of vague terms dotting the relatively terse text of the Constitution – would not exist.
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Second, because this is a vertical merger, we know that case law dictates that we need to balance the potential benefits against the potential harms under a "rule of reason" analysis.
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Arguing that Democrats shouldn't impeach the president because the Senate won't convict is like arguing that a Supreme Court justice shouldn't write a dissenting opinion because it won't become case law.
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Assange describes himself as a journalist, and case law and the U.S. Constitution provides strong protections for outlets that publish classified but sensitive information deemed to be in the public interest.
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Trump tweeted Tuesday morning that he would support substantial penalties -- including revoking an American's citizenship -- for burning the US flag, restarting a controversy that has persisted despite decades of settled case law.
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In both Europe and America a body of case law and rules has defined narrow kinds of misdemeanour, but these apply to old industries and have to be adapted to present circumstances.
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"An agency that has no power to regulate has no power to preempt the states, according to case law," Stanford Law professor Barbara van Schewick said in a statement to The Verge.
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In fact, the case law allows us to judge an officer's decision based on what another reasonable-minded officer would have done when confronted with the same facts in a similar situation.
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That's really a determination made by an individual's lawyer, who had to presumably do a case law review of what damage rewards were in a particular sphere, so in this case, defamation.
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Although the case law is not crystal clear, principal federal officers tend to be those who exercise significant authority pursuant to federal law and who have the president as their only boss.
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Even if the administration withdraws regulations protecting transgender and gender-nonconforming individuals -- as the Departments of Education and Justice have done -- they cannot undo years of case law and precedent, she said.
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"I think in the end, legally, it was the right decision, one supported clearly by past case law and the code itself," said Greene, who has represented players in other antidoping cases.
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Common Sense Opponents of the proposed AT&T purchase of Time Warner don't want to just block the $19943 billion deal: They want to overturn decades of antitrust policy and case law.
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The attorneys general have cited case law going back to the proceedings of the House Un-American Activities Committee and have cited principles of states' rights — an argument usually made by conservatives.
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" In the absence of case law related to these specific issues, the courts might struggle in re-categorising prosthetics since these devices, no matter how integrated they are, are not "biologically human.
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Oral arguments on cases are an important part of the resolution of a dispute, but they are secondary to the written briefs and prior case law on which justices base their decisions.
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"Once there is case law on the books that the government is able to subject even some immigrants to perpetual detention, it's not hard to imagine the government taking advantage of it."
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While some recent U.S. case law treats data like any other property and provides a basis for protecting someone's ownership of it, a robust market would need a more effective, modern means.
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Therefore, both legislators — by way of developing and amending laws — and judges — via hearing arguments and creating case law — must re-examine SORNA in order to preserve liberty and uphold the Constitution.
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UN-mandated inquiries, and case-law from some international tribunals, have found that murder can be committed through recklessness,' said Sarah Knuckey, co-director of the Human Rights Institute at Columbia University.
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Settling this balancing act between fair competition and equal access for transgender students under existing case law is the biggest challenge facing any DOE attempt to roll out new policies around school sports.
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Sources familiar with the agreement said prosecutors wanted to strike a deal in order to prevent Selna's order from becoming permanent, drawing publicity, and creating case law that could hamper ATF enforcement efforts.
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Given that Jewish religious courts known as Beth Din already have some standing in British case law, there was a risk of a proliferation of religious tribunals challenging the authority of secular justice.
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A university's ranking is based on the institution's reputation with academics and employers, and the number of research citations the school gets per paper published in a specific discipline — in this case, law.
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Regulation built upon case law can improve protections and ensure that any new regulatory burden is based on the reality of how AI is being used in practice, rather than based on speculation.
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The current access hinges, as Mayo points out, on a single small piece of case law from 1971, and the stigma and legal uncertainty for both patients and doctors remains to this day.
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Anyone born in the United States (except for the child of a foreign diplomat) is a full citizen under the clear words of the Constitution and very well settled Supreme Court case law.
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Westmore pointed to case law that found producing documents in a way that testifies to their existence, the suspect's possession and control of them, and the documents' authenticity can all be considered testimonial.
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Ms. Nolt of the Education Department said the "preponderance of evidence" standard was consistent with case law and with the standard used in other types of civil rights complaints regulated by her office.
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Supreme Court President Lord Neuberger acknowledged the debate in remarks included in the judgment, suggesting that if parliament felt case law had not caught up with modern realities, it could change relevant legislation.
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As the case law applying Alice to software patents continues to develop in the courts, it is important that the PTO instruct examiners to apply the same standards to claims in patent applications.
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"It's painful, obviously, in terms of time and costs, but what is actually happening is establishing precedent and, almost, case law," said John Blaymires, chief operating officer of Igas Energy, another shale company.
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She sounds thoroughly engaged by case law and peppers Chuck — welcome back Michael McKean, playing a sane and vastly more appealing iteration of the man — with questions about a big and lucrative victory.
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" Johnson & Johnson argued in its filing that the state's case was flimsy, saying that the public nuisance accusation is based on "radical theories unmoored from more than a century of Oklahoma case law.
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No "case law supports the dissent", Judge Tatel observed, and his colleague's stance could leave Congress with an all-or-nothing choice between pursuing impeachment and remaining inert when government officials behave badly.
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Mr. Conway is known to relish getting into the weeds of case law — "We are the weeds," as his friend Joseph Grundfest, a law professor at Stanford University, put it in an interview.
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Last week, the Department of Education announced that Ms. DeVos will move to rescind or rewrite regulations that exclude religious institutions from receiving federal aid, to adhere to the most recent case law.
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But Texas case law relied on an older definition, and used a seven-factor test drawn up by a judge in 2004 to determine whether someone has sufficiently severe disabilities to be spared.
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Still, GOP leaders in both chambers are all but ignoring Trump's entreaties for tougher gun laws, blaming the violence on holes in mental-health treatment and, in the Parkland case, law enforcement failures.
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The Council of State Governments has submitted a brief in support of the position of the state of South Dakota, which seeks to overturn the previous case law set in Quill Corp v.
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"Attorney General Barr knew, or should have known, that neither statutory law nor federal case law permitted the D.E.A. to sweep up, in bulk, billions of records of Americans' telephone communications," they wrote.
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The shelves were lined with case law from the United States and Britain, and a group of boys scouted the stacks trying to find the oldest volume — here an 1872, there an 1869.
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"Each of these guidance documents is based on years of careful research to accurately reflect a substantial body of case law and proven best practices from schools across the country," the letter said.
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I do some research first about what the laws actually say, if there is any case law, and then I either call or go to the police department and ask to speak with someone.
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First Amendment case law aside, the far more interesting question is: Even if conservatives and Trump got their way and pegged Twitter to a First Amendment-type standard, would they actually want that result?
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For example, I assumed that one benefit of developing an independent oversight board would be to allow the board to create precedents — a kind of case law for future board cases to refer to.
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On an earlier call with reporters, senior Justice Department officials said they were ready for any possible lawsuit and confident in the review of case law they conducted while writing and revising the regulation.
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Former Denver prosecutor Craig Silverman, who is not involved in the case, said after viewing the footage that the officers' actions are "problematic" but there is conflicting case law regarding shooting at fleeing suspects.
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"These changes — and case law that has expanded the concept of asylum well beyond congressional intent —created even more incentives for illegal aliens to come here and claim a fear of return," Sessions said.
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"The proposed regulations overturn decades of case law, regulatory guidance, and fundamental tax principles," Business Roundtable (BRT) said in a letter Thursday to the top Republicans and Democrats on the congressional tax-writing committees.
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There's not much case law on the Pennsylvania rules, and it's not strictly relevant to PPG's role as an aggressor, but it has been invoked in a handful of corporate sagas over the years.
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When she asks her assistant to look up case law for her horse statue problem, we can see that her love for this kind of minutiae, for these types of causes, is nearly dead.
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Those rights have only recently become a mainstream political issue, so many people are unaware that there are now decades of U.S. case law underpinning most of the policies that politicians are currently debating.
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"Various provisions of the department's regulations regarding eligibility of faith-based entities and activities do not reflect the latest case law regarding religion or unnecessarily restrict religion," said Liz Hill, an Education Department spokeswoman.
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While decades of First Amendment case law prevents officials at public universities from restricting what their employees can say, or punishing them for expressing their views, private schools like Babson have much greater leeway.
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The Supreme Court is author of constitutional case law, and the Supreme Court is authoritative in the sense that abortion is constitutionally protected (within limits) now, which could easily have gone the other way.
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"The case law is clear that although Indigenous peoples can assert their uncompromising opposition to a project, they cannot tactically use the consultation process as a means to try to veto it," the judges wrote.
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A lawyer who previously worked for the mega-firm O'Melveny & Myers and then spent time at Lex Machina, a software company that analyzed case law for lawyers, Kane was looking for the next new thing.
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Even so, Medvin believes the memorandum sets a deeply troubling precedent, using older case law regarding the collection of fingerprint evidence to request complete access to the "amazing amount of information" found on a cellphone.
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Under Florida case law, it's okay for plaintiffs like Hogan (who sued Gawker under his real name, Terry Bollea) to receive financial backing from an outsider with a stake in the outcome of the case.
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Acknowledging that its prior case law was "a mess" and "a hash," an en banc federal appeals court on Thursday adopted a new standard for deciding race- and gender-based employment discrimination cases without trial.
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The immunity concept has been invoked by Republican and Democratic administrations, but there is virtually no case law on the subject, and some legal experts say the White House is likely to lose in court.
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"In sum, case law from the Supreme Court, this circuit, and other circuits does not affirmatively establish that a constitutional violation occurs when Brady material is not shared during the plea bargaining process," he wrote.
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"With respect to the Supreme Court, my reading of the case law is that the justices' review is limited to the four corners of the executive order, so all of this is irrelevant," Blackman said.
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In an attempt to strike a balance between two competing branches of case law, a California appeals court has ruled that industry standards and customs may be admissible in trials involving strict products liability claims.
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While Congress is allowed to pass legislation that changes applicable case law, it can't dictate the outcome of a case, which is just what happened here, according to the attorney for Bank Markazi, Jeffrey Lamken.
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The right to privacy arose in 20th-century case law concerning government regulation of sexuality and reproduction and has been crucial for feminist legal progress, including the right to abortion secured in Roe v. Wade.
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But she became a legal Georgia resident in 2009, and her lawyers say there is ample case law to support their claim that that qualifies as state citizenship and should make her eligible to run.
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" Johnson & Johnson argued in its final court filings that the state's case was flimsy, saying that the public nuisance accusation is based on "radical theories unmoored from more than a century of Oklahoma case law.
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Faced with the order, prosecutors cut a no-prison-time deal with Roh in order to prevent the tentative order from becoming final, drawing publicity and creating case law that could hamper ATF enforcement efforts.
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According to the Congressional Research Service, neither the text of 8 U.S.C. § 1182(f) nor the case law to date suggests any firm legal limits on the president's exercise of the authority it gives him.
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And Joseph Fishkin, a University of Texas law professor, told POLITICO that while there's limited case law addressing how aggressively the government can limit lobbying, most of Warren's proposals were likely to be considered constitutional.
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All the same, under Western pressure, war crimes chambers now operate in Croatia, Serbia and Bosnia, handling low-level defendants with the help of the database and case law from the tribunal in The Hague.
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This shouldn't be pushed too far; no one depends more on there being a consistent body of case law than the U.S. Moreover, President TrumpDonald John TrumpStates slashed 4,400 environmental agency jobs in past decade: study Biden hammers Trump over video of world leaders mocking him Iran building hidden arsenal of short-range ballistic missiles in Iraq: report MORE's signature trade deal, the United States-Canada-Mexico Agreement (USMCA), goes out of its way to ensure the consistency of WTO case law on key issues.
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A worker who creates an atmosphere of sectarian strife, or falsely implies to the world that an employer is associated with a particular faith, could certainly be accused of causing "undue hardship", the case law suggests.
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The company and the pension fund argued in Friday's filing that there's no doubt AG Grewal correctly interpreted the scope of corporate bylaws, citing case law and commentary dating all the back to Sir William Blackstone.
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While in that particular case law enforcement relied most heavily on GEDmatch, an open-source database, FamilyTreeDNA was also subpoenaed to provide the identity of a single user who was a genetic match to the killer.
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"DFAST is sort of like a dress rehearsal for the CCAR," said Ernie Patrikis, a partner at the White & Case law firm and a former bank regulatory official at the Federal Reserve Bank of New York.
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"A review of the statute's purpose and the relevant case law leads me to conclude that these interests are not what Congress had in mind when it enacted the CCPA," Donnelly said in the court order.
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Excluding gang violence and domestic violence from asylum claims is in contrast to decades of US legal case law and contravenes international human rights laws, said Katie Shepherd, national advocacy counsel at the American Immigration Council.
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Rector & Visitors of George Mason University was heard made a historic leap in American case law as it relates to sex: They ruled that there is no constitutional right to engage in BDSM play in America.
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Facebook CEO Mark Zuckerberg, for one, compared the would-be governing body to the Supreme Court, in its potential capacity to review the biggest issues of the day and set a sort of Facebook case law.
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Prosecutors can quickly mine online legal databases to find case law to rebut key parts of an asylum claim, for instance, while lawyers representing a petitioner must rely solely on the materials they brought into court.
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Courts must… consider many factors other than territorial competence and the existence [jurisdiction] over the parties… The extensive case law indicate[s] ... that international courts do not see these sorts of orders as being unnecessarily intrusive.
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Despite the song's eminent grossness and Thicke's extreme punchability, the decision is still a very bad one for the music industry as it flies in the face of what is considered protectable expression in case law.
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I started calling defense lawyers and prosecutors, asking if they could help me find and interpret tens of thousands of pages of case law — most of it in state courts, where records are hard to search.
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"Various provisions of the department's regulations regarding eligibility of faith-based entities and activities do not reflect the latest case law regarding religion or unnecessarily restrict religion," an Education Department spokeswoman told The New York Times.
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In short, the revisionist interpretation of constitutional and case law exposed by leading legal and academic scholars supports the interpretation that Congress does not have the legal authority to extricate citizenship from island-born Puerto Ricans.
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"That's one possible alternative, but I think it's the most likely," he told BBC Radio Four, adding that Britain would have to keep "half an eye" on the case law of the ECJ in the future.
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This decision, which applies solely to the three companies at issue in this case, goes against established case law, the facts presented at trial, and the recent findings of SEC Administrative Law Judge Carol Fox Foelak.
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Specifically, he explained, the immunity assertion is "entirely unsupported by existing case law," and there was "nothing left" to the argument since the Supreme Court rejected an absolute immunity claim for presidential aides in another case.
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This would be done in the UK by UK courts, and in the EU by EU courts – with due regard paid to EU case law in areas where the UK continued to apply a common rulebook.
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"My reading is that as long as the inquiry fit within one or both of those two responsibilities [oversight and lawmaking], that should be a legitimate purpose, at least based on this case law," Yin said.
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"To the extent any deadlines become relevant in the future, case law and past practice of the EPA supports the application of day-to-day tolling," he continued, referring to the practice of pushing off deadlines.
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That meant lots of references to 18th-century historical figures and British case law, resulting in a much more technical, academic hearing than the dramatic testimony diplomats and White House officials delivered to the Intelligence Committee.
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The Second Amendment still faces foundational uncertainties with regard to a wide range of doctrinal and theoretical questions — far more so than the First Amendment, which has generated a century's worth of case law and scholarship.
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Neomi Rao, the third judge on the panel, who was appointed by Trump earlier this year, also appeared doubting of that theory, invoking case law that showed "motive" could not be considered when challenging the House's move.
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Using a combination of IBM Watson and proprietary algorithms, ROSS is the AI-driven successor to tools like LexisNexis: It combs through millions of pages of case law and writes up its findings in a draft memo.
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The O'Melveny lawyer specifically argued that UnitedCorp can't show a per se violation of antitrust law because its allegations didn't match case law on what constitutes overtly anticompetitive conduct, like price-fixing, market allocation or bid-rigging.
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As with many aspects of presidential power, there have been limited challenges in court to the pardon power as a result — and scattered case law interpreting exactly what the American president's pardon power means (and doesn't mean).
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But in last week's filings, shareholders' lawyers said not only that it's expensive and inefficient to start discovery from scratch but also that Delaware case law supports their demand for materials from the special litigation committee's investigation.
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"If defendants are celebrating this ruling as the end of St. Louis mass tort, they have not read the entire Missouri case law," said Eric Holland, a St. Louis-based plaintiff lawyer involved in the talc litigation.
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"This judgment creates new case law and represents a dramatic shift against press freedom and the long-standing ability of journalists to report on police investigations," said Fran Unsworth, the BBC's Director of News and Current Affairs.
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The Moolenaar amendment would do nothing to interfere with the Federal Trade Commission's authority to prosecute pyramid schemes under Section 5 of the FTC Act, and is consistent with dozens of state laws and federal case law.
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And rather than playing the Roberts Court game of making corruption the only rationale for regulating campaign finance (as others have), Hasen wants to go back to the earlier case law and widespread principle of political equality.
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Its high-powered lawyers, who groused that the state prosecutors' legal theory was a "radical departure" from long-standing case law, vowed to appeal against the ruling, all the way up to the Supreme Court if necessary.
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In general, New York State case law largely forbids prosecutors from letting juries know about a defendant's criminal history, even when they have previously been convicted of the same crime that they are currently standing trial for.
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"In 100 years of case law this has never been done before, this whole ripping up a standing agreement and putting down an edict that's not agreed to by both parties," said AFGE spokeswoman Ashley De Smeth.
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" According to the Congressional Research Service, "Neither the text of Section 6900(f) nor the case law to date suggests any firm legal limits upon the president's exercise of his authority to exclude aliens under this provision.
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" The company cites case law that treats computer code as protected speech under the First Amendment: "The Supreme Court has made clear that where, as here, the government seeks to compel speech, such action triggers First Amendment protections.
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According to the Office of Compliance, which handles workplace issues on Capitol Hill, "recent case law has provided a basis for [congressional] employees to pursue allegations of workplace discrimination based on sexual orientation or gender identity" as well.
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As RCFP Legal Director Katie Townsend told me, it's incredibly rare for the press and the public to get wind of sealed criminal charges, which is why there's no previous case law on unsealing the records pre-arrest.
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While the chief justice is widely said to be deferential to existing precedents — that was the crux of his statements on Roe before the Senate — he has also in his opinions helped to roll back existing case law.
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By which time the next round of Uber's appeal against the 2016 tribunal ruling will have reached the UK Appeals Court and there will likely be more case law for it to draw on to feed its thinking.
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But Kavanaugh said that it was correct not to review the cases because of certain issues particular to the cases at hand, and because there was not yet sufficient case law in the lower courts on the question.
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Then he launches into a disjointed diatribe about the liberalizing agenda within law enforcement, media bias against cops, and the public's ignorance of case law that "protects the police officer" from unfair scrutiny in use-of-force situations.
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"Early in this case, law enforcement believed that the victim may have been drugged and this belief has been widely disseminated in the media; however, the evidence did not support that theory," District Attorney Abelino "Abel" Reyna said.
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" You ask it questions in plain English, and ROSS reads through "the entire body of law and returns a cited answer and topical readings from legislation, case law and secondary sources to get you up-to-speed quickly.
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The Tax Foundation, which has promoted the 70,000-page figure, responded to Grossman's article by arguing that professional tax lawyers need to know all the regulations and case law included in the Tax Reporter, which is true enough.
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Second, rather than empower the state we should be capacitating our courts to make decisions on compensation: create the budget allocation so that more people can hear cases so we can create enough case law to adjudicate quickly.
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Exhibit A for the President would be the DOJ policy memo, which acknowledges that there is no clear answer, but also lays out in detailed fashion -- relying on both case law and policy concerns -- the argument against indictment.
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The case law around both is intertwined, Dunn says, and their fates are, too: "If you're rolling back Title IX, the next thing you roll back is Title VI." It's an argument that some conservatives are already making.
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At one point during the hearing, when lawyers focused largely on case-law precedent rather than the emotional testimony of teachers and students that characterized the initial trial, Associate Justice Brian M. Hoffstadt said the plaintiffs' logic seemed circular.
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Over decades, a solid wall of case law has been built up that protects domestic violence survivors' ability to seek asylum (one amicus brief for the Matter of A-B- cites more than 40 cases dating back to 1987).
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"Family separations; Sessions making his own case law on asylum; when we could continue cases — I could no longer sit below the seal of the Department of Justice and represent the Department of Justice at that point," Jamil said.
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But the administration can't be bothered to double-check the document, thoroughly review the legalities, properly cite case law, or (it turns out) even share the correct content of the president's orders with the public expected to abide them.
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Last spring, the federal government issued a statement specifying that freeze-frame policies are unconstitutional, a move that came amidst evolving case law and precedence on the district and circuit level, but in Nevada things have yet to change.
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The company hopes to be a one-stop shop for open data from the courts, allowing consumers to have access to hard numbers on case law such as win/loss rates, a judge's ruling history, litigation trends and more.
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Currently pending before the House Energy and Commerce Committee, H.R. 5230 is a bill aimed at overturning 40 years of case law that clearly identifies what constitutes a pyramid scheme and serves to protect consumers from such predatory practices.
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Brent Helms, the attorney who filed the wrongful-death suit on a contingency basis, said that case law had already established personhood for fetuses who perish at the hands of reckless people, such as drunken drivers or domestic abusers.
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The situation is raising human rights concerns, she said, in part because American case law strongly establishes that children should not be kept away from a parent just because a conservative community might disapprove of his or her identity.
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"A defendant and his/her cleared counsel in a criminal prosecution may only obtain access to classified U.S. government information when such classified material is deemed both 'relevant' and 'helpful to the defense,'" they wrote, citing prior case law.
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Mr. Fidell had contended that Mr. Trump's statements constituted "unlawful command influence," which is defined in military case law as commanders or anyone with the "mantle of command authority" wrongly taking actions that influence decisions about a defendant's fate.
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There aren't any US laws specifically addressing passwords or key disclosure, O'Brien said, but there is recent case law that affirms an individual's right not to hand over a password: For example, in the case of United States v.
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"Our case and others will depend upon current California and Ninth Circuit federal case law, and upon the decision of the [Supreme Court] in Epic Systems," Peluso added, referring to the crucial case arguing the validity of employee arbitration agreements.
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Also: "There is a line of case law around sex discrimination based on this understanding of sex discrimination as a product of stereotypes; a woman not acting or presenting how we feel a woman should act or present," Fredrickson adds.
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Federal authorities preferred to let Roh go free rather than have the ruling become final and potentially create case law that could have a crippling effect on the enforcement of gun laws, several sources familiar with the matter told CNN.
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First, Trinity Lutheran is too fresh on the scene, Justice Kavanaugh wrote, and "there is not yet a robust...body of case law in the lower courts" to clarify whether states must consider historic preservation grant requests from religious entities.
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"There is some case law supporting the idea that merely requiring communication is not an impairment of a state's rights under the 10th Amendment," says Melissa Keaney of the National Immigration Law Center, which advocates for "sanctuary city"–type policies.
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"We think it's because they finally realized that there's a whole lot of case law that the federal government can only condition receipts of grants on things that have to do with a similar purpose for those grants," said Wolgin.
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"As Yelp does not operate a search service that specializes in comparison shopping results, it cannot be directly affected by the ruling regarding the contested act and thus does not satisfy the criterion laid down in the case-law," judges said.
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But according to Anne McKenna, a visiting law professor at Penn State University and a national expert on technology and surveillance, the "breadth and scope" of Baltimore's aerial surveillance program raises new questions that are nowhere near settled in case law.
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"As Yelp does not operate a search service that specialises in comparison shopping results, it cannot be directly affected by the ruling regarding the contested act and thus does not satisfy the criterion laid down in the case-law," judges said.
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In addition, the language of the clause and Supreme Court case law seems to assume that there is someone giving the pardon (let's call this person Mr. President) and someone receiving the pardon (let's call this person Mr. Not President).
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Though he commuted only one sentence, to life in prison, Mr. Roberts said the governor's team concluded the inmate was mentally unfit for execution, using an expansive interpretation of Supreme Court case law that Mr. Kaine's predecessors might not have employed.
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There is no real satisfaction in citing appropriate case law and crafting these words of exoneration for the officers, because nothing I -- nor anyone else, for that matter -- can say will ever bring back the precious stolen life of Melyda Corado.
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Scott Skinner-Thompson, an associate professor of law at the University of Colorado, Boulder, who specializes in L.G.B.T.Q. issues, said that even if the Trump administration curtails the rule, federal case law generally interprets sex discrimination as including gender identity.
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Lawyer Hugo Alves told VICE News there is now "abundant" case law where judges made discretionary determinations on sentences for crimes like simple possession, for example, based on how much public resources and tax dollars would be used in the process.
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"I started writing snidbits of this play in law school," Ms. Nagle said, and in that casual, playful little word "snidbits" is a counterbalance to her cerebral intensity, the ability she has to cite case law and obscure dates mid-conversation.
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"Four decades of case law make clear that race and ethnicity can be one of many factors that universities can consider during the admissions process," said Peter McPherson, president of the Association of Public and Land-grant Universities, in a statement.
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There is no provision anywhere in the Constitution, statutes or case law that strips a president of any power upon impeachment by the House (though of course, if convicted in the Senate, the President loses office and all of its powers).
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A trial court had temporarily blocked the law in Kansas, finding that the state Constitution protected a right to abortion and, citing United States Supreme Court case law, that the ban would present an undue burden to women seeking one.
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"There is some case law supporting the idea that merely requiring communication is not an impairment of a state's rights under the 10th Amendment," says Melissa Keaney of the National Immigration Law Center, which advocates for "sanctuary city"-type policies.
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Among other things, social media stands to complicate existing case law in situations like this, and citizens' ability to organize has changed tremendously since the Brandenburg decision, which, after all, came down the same year man first landed on the moon.
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Such disputes have often ended up at the European Court of Justice, generating some of the case law underpinning fundamental EU principles like non-discrimination between member states, the primacy of European law and clear dividing lines between EU and national competences.
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When I surveyed the case law in a July 2016 journal article, I found 11 states that had decided cases with similar facts, and I am aware of at least one more case in Missouri decided last month but likely to be appealed.
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In 2018, Amazon came under heavy scrutiny for its aggressive efforts to peddle facial "Rekognition" as a law enforcement solution without a rigorous training program and at a time when there is no case law or constitutional precedent to guide its use.
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"However, we want to provide maximum certainty so the Repeal Bill will ensure that for future cases, UK courts continue to interpret EU-derived law using the ECJ's case law, as it exists on the day we leave the EU," she said.
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That puts it "like 50 years behind where the First Amendment is," White says, in terms of case law about what that right actually means: who it refers to, when it applies, and what if any "emergencies" justify the government curtailing it.
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Still, Naik was cautious, knowing that the case law regarding foreigners gaining access to their data was extremely limited, resting on just two cases where death row inmates from Thailand and Kenya had attempted to get their data from the British police.
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Bundy refused to recognize case law, and wasn't bothered that the Supreme Court had ruled on this question before, when in 1976 justices unanimously rejected an argument by the state of New Mexico that federal wildlife policy exceeded the government's legal authority.
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Rótolo said the Massachusetts ruling was based purely on law, including some case law from as long ago as the 1700s and 1800s, rather than public policy issues cited by state attorneys general and other officials in guidance to law enforcement agencies.
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"If you're going to develop a body of case law regarding vertical mergers than you have to be prepared to bring cases and you have to be prepared to have some judges disagree with you and not see the harm," Su said.
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National Labor Relations Board case law on intermittent strikes needs to be clarified to better protect workers who use that tactic to protest labor conditions, as have nonunion workers in the fast-food and retail industries, according to the NLRB general counsel's office.
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Tribe explained that while it's true not all constitutional protections apply to foreign nationals, he believes, based on his interpretation of case law, that the First Amendment's guarantee of religious freedom does, and the Fifth Amendment's guarantee of due process does as well.
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The AG opinion holds with previous case law from the CJEU — specifically the Tele2 Sverige and Watson judgments — that "general and indiscriminate retention of all traffic and location data of all subscribers and registered users is disproportionate", as the press release puts it.
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"The rule of law does not always apply in the forced arbitration process and it also lacks the procedural safeguards and precedential value inherent to civil litigation that is crucial to developing case law applicable to state and federal statutes," he added.
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Despite the fact that these are the most wide-ranging regulations proposed in the past 20 years, and overturn 80 years of case law and existing tax provisions, government officials say they are rushing to implement these regulations by the end of the summer.
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With marriage equality now the law of the land, the ruling joins a growing body of case law rejecting business owners' claims of first amendment protections as grounds for discrimination, said Elizabeth Gill, the ACLU's senior staff attorney and co-counsel for the couple.
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Such instructions are consistent with a body of case law that has been building for the past several years, but they have also been controversial — leading about a dozen states to sue the federal government for allegedly overstepping its bounds and "rewriting" the law.
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Over the last few months, it appears that patent plaintiffs have been surviving Alice motions more frequently than in the past — perhaps because there is now for plaintiffs to consider before filing suit more developed case law that explains how Alice applies to patents.
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" But according to a January 23, 2017, report from the Congressional Research Service (CRS), "Neither the text of Section 21625(f) nor the case law to date suggests any firm legal limits upon the president's exercise of his authority to exclude aliens under this provision.
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"The Seventh Circuit recognized that smart meters pose serious risks to the privacy of all of our homes, and that rotely applying analog-era case law to the digital age simply doesn't work," Jamie Williams, staff attorney at the Electronic Frontier Foundation, told Motherboard.
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My thoughts and my view of the constitution is they don&apost have the right to ask any of these questions and I think that&aposs supported not only by case law in the D.C. Circuit, but also by the structure of the constitution itself.
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Apple has a strong freedom of speech defense that it could use on appeal to prevent the FBI from compelling it to make its products less secure, according to several First Amendment attorneys I spoke to and a review of case law on the subject.
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"There is nearly no previous case law directly addressing climate-related information, so this case will definitely be looked to as a reference in cases involving corporate assessments of climate change risks," says Vizcarra, a lawyer with Harvard Law School's Environmental & Energy Law Program.
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" If he answers yes, this would mark a sharp break with abortion jurisprudence and would require a follow-up: "Do you hold that abortion rights are so fundamental to case law precedent that you would decline to protect the constitutional personhood of the fetus?
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Rivera cited case law in which federal courts have ruled that toy guns and even unloaded guns fill the requirements for a dangerous weapon because they incite fear and a potentially deadly response from police, regardless of how the weapons could actually be used.
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"The Sheriff's Office legal counsel advised, and the Sheriff concurred, that the evidence does not meet the requisites of the law as established under the relevant North Carolina statute and case law to support a conviction of the crime of inciting a riot," the office said.
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Chuck Grassley Then, this past week, when faced with questions, Kavanaugh said as little as possible beyond a rote recitation of Supreme Court case law when it came to his legal views and gave stilted answers when asked about responses he gave at previous confirmation hearings.
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There's an overarching disconnect, in other words, between philosophical desires and what legislators can actually achieve — either because of the limits of the office (they cannot, for instance, change federal case law, or modify the federal Constitution) or because of the limits to what obstructionism can yield.
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What is important to understand is that this ruling is not the end of the story: The next legal question to be resolved is whether the FCC properly applied Title II to the Internet in accordance with the plain terms of the statute and established case law.
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Janet Calvo, a law professor at the City University of New York who provided the legal analysis for the Vargas case, sent a memo persuading the Regents that because of Vargas and similar case law, there should be no bar to noncitizens applying for other licenses.
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Prosecutors brought in an expert to address the trauma it could cause the girls, and they took action in lower courts to block Mr. Simcox, eventually filing a petition that is now before the United States Supreme Court and could have an impact on future case law.
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"The DCL is important because no survivor who is a freshman in college and experiencing trauma should have to go through 30 years of case law and regulations to understand what her rights are," says Singh, who says she experienced sexual harassment personally at Columbia University.
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Given the ambivalence of the U.S. Supreme Court's case law on whether the federal constitution provides a remedy for partisan gerrymandering, state constitutions, with their focus on electoral equality and fairness, have the promise and the potential to be an effective means to address excessively partisan redistricting.
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Ms. Kay wrote articles on the history of women in the legal profession and seminal books of case law, including "Sex-Based Discrimination," which she wrote in the 21956s with Kenneth Davidson and Ruth Bader Ginsburg, a friend who was later named a Supreme Court justice.
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First of all there&aposs a predicate United States Supreme Court case law called Elonis versus the United States, and by the way, extremely surprising decision was an eight to one landslide with poor Justice Clarence Thomas being thrown out in the deep end of the swimming pool there.
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Asylum law is based upon a delicate and shifting rubric of cases, known as case law, involving specific factual scenarios before tribunals of people who went to law school, who presumably vote in elections, and who have their own experiences informing their perspective of the world and the law.
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Although the administration was expected to take the stance — and had previously said firing workers on the basis of gender identity is legal under federal law — the latest court filing asks the nation's top court to establish federal case law in a potentially sweeping setback for LGBTQ rights nationwide.
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Cippolone's letter cites federal case law and several opinions of the Office of Legal Counsel (OLC) issued over the last four decades in arguing that the president has the exclusive authority to conduct foreign policy and therefore the House chairs' request is beyond the scope of Congress' oversight responsibilities.
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"Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the county's and the state's argument that the Second Amendment only has force within the home," the ruling states .
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"What is interesting about the case is that past case law on child pornography and obscenity in Canada has primarily focused on visual, audiovisual, or written representations—that is, on images or stories rather than on three-dimensional objects," Anita Lam, a criminology professor at York University, told VICE.
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Notwithstanding the unnecessary damage caused by the highly political decision of the German Bundestag in June 2016 on events of 1915 disregarding historical facts and European case-law, German deputies were allowed, in the past, to visit their soldiers serving at Turkey's sovereign base in Yncirlik (latest in October 2016).
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A pretty persuasive case for fair use can be made, but the case law is pretty thin, and in the absence of a court decision, YouTube's community of modders and video game playthroughs exists in an uncanny valley created by the tolerance of game studios and an overall reluctance to sue.
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"The state asks this court to not only disregard case law, Congress' express delegation of authority to the president, and the president's own (constitutional) powers, but indeed, to substitute the court's own judgment regarding what is in the national security and foreign policy interests of the United States," the brief said.
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" The report also concludes with a curious reference to U.S. case law: "the protection of the criminal justice system from corrupt acts by any person - including the president - accords with the fundamental principle of our government that 'no person in this country is so high that he is above the law.
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He held up a 1912 adding machine, the same one he brought to his testimony before Congress last week to show that the All Writs Act, the case law the FBI is citing in the case over Apple encryption is over 200 years old and was last updated in 1911.
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" Dorf then notes that Apple's argument is compelling in principle, but that there's no established legal principle or precedent that gives a "manufacturer-customer privilege" of confidentiality, similar to doctor-patient confidentiality: "To be clear, I think Apple will likely lose this fight—at least given the case law we have.
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The 98-page lawsuit, filed by the ACLU of Virginia and the White & Case law firm, said that by keeping the men in long-term solitary for more than 20 hours a day, the state was in violation of a 1985 consent decree in which it agreed to end the practice.
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" Ross, a system built on the back of IBM's Watson, claims to be able to interpret questions lawyers ask it, and read "through the entire body of law and returns a cited answer and topical readings from legislation, case law and secondary sources to get you up-to-speed quickly.
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As gender dysphoria — a disconnect between one's gender identity and one's sex at birth — has increasingly been recognized as a medical condition, a body of case law has emerged in recent years requiring jailers to provide treatment to transgender inmates, just as they would those with heart disease or cancer.
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Judge Marrero concluded that Trump's claim of "absolute immunity from criminal process of any kind" for not just himself but for anyone who may have collaborated with the President in wrongdoing was "extraordinary" and an "overreach of executive power" that found "no support in the Constitution's text or history" or in case law.
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During a motion to dismiss hearing on June 29th, Judge Penny F. Azcarate of the Fairfax County Circuit Court dismissed the claim of autocratic capture under the Virginia public policy doctrine, saying that based on her own reading of the case law, Briskman's lawsuit would need to point to a specific statute.
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A longer section of the report considers 'accountability and liability', with the committee saying it remains unclear whether new legislation will be needed to manage the operation of technologies such as autonomous cars, or whether legal questions can be left to courts to decide by building up a body of case law.
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"There is a whole body of case law that, among other things, establishes that the federal government can't force or require states and localities to become appendages of the federal government's own regulatory goal," said Cody Wofsy, a staff attorney with the American Civil Liberties Union's Immigrants Rights Project in San Francisco.
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Arizona cites lots of cases affirming states' standing to bring parens patriae claims on behalf of residents and many examples of states filing amicus briefs to highlight problems in proposed class settlements - but offers no case law on states' rights to intervene and become parties in class actions on behalf of their citizens.
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A doctor and her dying patient's lawsuit accusing a Christian healthcare network of violating Colorado's assisted-suicide law belongs in federal court, said attorneys for the defendants in a notice of removal filed Friday, because the case raises significant and substantial issues under the U.S. Constitution, civil-rights statutes and case law.
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And while the case of the president can present challenging legal and practical questions of enforcement, both because the president is the head of the executive branch and because of the political levers he can pull, there is scant support among constitutional scholars or in the case law for the president's drastic argument.
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Why it matters: This isn't the first salvo in the encryption debate — it wasn't even the first last week — but it does show how Attorney General William Barr plans to make the case for "back doors" in encryption, a case law enforcement agencies have tried and failed to win since the 1990s.
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"Because there are few, if any, well-formulated justifications for categorically excusing current and former senior-level presidential aides from responding to compelled congressional process, it would be difficult to do so consistent with existing case law, traditional norms of practice under our constitutional system of government, and common sense," she added.
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" Yet despite all of this, Judge Chhabria, an Obama appointee, claimed that case law in his Ninth Circuit court demanded this outcome, observing that "[a] trial judge should not exclude an expert opinion merely because he thinks it&aposs unstable, or because he thinks the jury will have cause to question the expert&aposs credibility.
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Levin, a partner in Washington at the White & Case law firm, declined to comment to CNN when reached on Tuesday, except to say "gee, thanks" when told that some in Washington are comparing his waterboarding experience with the work of representing a presidential client who is known to override the advice of his lawyers.
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But there's no doubt it will be a battle to get there — requiring legal challenges and fresh case law to be set down — as an old guard of dominant tech platforms marshal their extensive resources to try to hold onto the power and wealth gained through years of riding roughshod over data protection law.
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"There is a whole body of case law that, among other things, establishes that the federal government can't force or require states and localities to become appendages of the federal government's own regulatory goal," Cody Wofsy, a staff attorney with the American Civil Liberties Union's Immigrants Rights Project in San Francisco, told The Hill.
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As Vox's Ian Millhiser explained, the expansion of these powers has partly been enabled by the courts over the years, as well as legal opinions offered by the executive branch: One consequence of judicial deference is that there is fairly little case law explaining when the executive branch can and cannot take military action.
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In the white paper, the U.S. Treasury Department said the Commission's approach departed from prior EU case law and undermined OECD guidelines on transfer pricing - the setting of prices for the transfer of goods or services from one subsidiary to another - which critics say is used to reduce tax liabilities in relatively high-tax countries.
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As Vox's Ian Millhiser explained, the expansion of these powers has also been enabled by the courts over the years, as well as legal opinions offered by the executive branch itself: One consequence of judicial deference is that there is fairly little case law explaining when the executive branch can and cannot take military action.
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Echoing reactions from diplomats and officials involved in the negotiations who spoke privately to Reuters, Barnier said it was a "step forward" that May said British courts would protect EU citizens in Britain based directly on a new EU-UK treaty, not on British law, and would take future EU case law into account.
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What we're doing is reading statutes on the book and trying to find a link, but the way the legal system works is that you also have to look at case law, and anyone who says the statutes are 100 percent clear and the precedents are clear is not recognizing how unprecedented these events are.
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Courts have found certain information may be worthy of disclosure even if it might otherwise be rightfully withheld under the personal privacy exemption—if that information might be used, for example, to "she[d] light on 'an agency's performance of its statutory duties' or otherwise let citizens know 'what their government is up to,'" according to case law.
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"Because the ban ... was motivated by concerns about the radiological safety of activities regulated by the federal government pursuant to the Atomic Energy Act, it is preempted under this Court's precedents and the uniform body of lower-court case law applying them," the companies wrote to the court last year in asking the justices to take the case.
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Judge Mehta repeatedly emphasized Supreme Court case law that suggests that Congress has the authority to perform oversight investigations for the purpose of informing itself and the public about issues of public importance, separate from its lawmaking function — an argument that Mr. Letter said the House agreed with but did not need to rely upon to win the case.
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A new California law prohibiting employers from requiring workers to litigate claims under other states' laws should be a wake-up call to companies that have not already updated their employment agreements to reflect case law that holds such choice of law provisions are invalid, said James Evans, a Los-Angeles-based partner with Alston & Bird.
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If Congress takes the administration to court over Trump's taxes then little case law would be available to help guide judges, legal experts said, both because the statute cited by Neal to obtain the returns has hardly ever been contested, and because most document disputes between the legislative and executive branches of government are resolved by negotiation.
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Google's objection was to be expected, because, under prior case law, Google cannot be compelled to reveal the identity of an anonymous poster unless and until Elliott can prove that the posts were libelous, said Paul Levy, an attorney with Public Citizen who has helped establish precedent for when a court can compel an internet provider to identify an anonymous user.
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When somebody files a defamation lawsuit they often include the article as an exhibit and, I'm not an expert on the case law regarding the publication of court documents, but the general principle, as I understand it, is that reporters and outlets are generally protected from defamation and libel complaints concerning the publication of court documents—Isaac: Keenan, "generally" is the right word.
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Added to this mix is that judges are flatly unable – other than by making recommendations to the Bureau of Prisons, a bureaucracy that, under case law, is completely free to ignore them – to decide what prison a defendant should be placed in and whether it is near or far from family who, the judge believes, would visit if they could?
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"On the current state of the ECHR case-law, we do not consider the bulk powers in the Bill to be inherently incompatible with the right to respect for private life, but capable of being justified if they have a sufficiently clear legal basis, are shown to be necessary, and are proportionate in that they are accompanied by adequate safeguards against arbitrariness," it writes.
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This move is one item on a growing list of hostile policies from the Trump administration that take aim at an already vulnerable trans community, including a full-on ban on military service (which has been so far rejected by courts), a claim that employment discrimination against trans people is essentially legal despite case law indicating otherwise, and revocation of Obama-era school guidelines for trans students.
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Although Tanzania ratified the African Union's 2005 Maputo Protocol on women's rights — which endorsed abortion rights — and also recognizes colonial-era British case law permitting abortion in some circumstances, national law mandates 14-year sentences for anyone "unlawfully" performing an abortion and seven years for women who try to make themselves miscarry — but without defining "unlawfully," said Sarah C. Keogh, a Guttmacher Institute researcher and the study's lead author.
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