context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
values |
|---|---|---|---|---|
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting t... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry its burden of provin... | 11,976,829 | b |
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting t... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry its burden of provin... | 11,976,829 | b |
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry its burden of provin... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting t... | 11,976,829 | a |
When deciding an appeal from a denial of disability benefits, the Court first reviews the Commissioner's decision "to determine whether the Commissioner applied the correct legal standard." | {
"signal": "see",
"identifier": "748 F.2d 109, 112",
"parenthetical": "\"Failure to apply the correct legal standards is grounds for reversal.\"",
"sentence": "Tejada v. Apfel, 167 F.3d 770, 773 (2d Cir.1999); see Townley v. Heckler, 748 F.2d 109, 112 (2d Cir.1984) (“Failure to apply the correct legal standard... | {
"signal": "see also",
"identifier": "817 F.2d 983, 986",
"parenthetical": "\"Where there is a reasonable basis for doubt whether the ALJ applied correct legal principles, application of the substantial evidence standard to uphold a finding of no disability creates an unacceptable risk that a claimant will be de... | 9,096,880 | a |
The district court also correctly determined that case law clearly established this constitutional claim. | {
"signal": "see",
"identifier": "411 F.3d 762, 772, 774",
"parenthetical": "\"[W]e conclude the right of a nonviolent [and non-resistant] arrestee to be free from unnecessary pain knowingly inflicted during an arrest [for disorderly conduct] was clearly established as of November 9, 2000.\"",
"sentence": "See ... | {
"signal": "see also",
"identifier": "72 Fed.Appx. 405, 408-09",
"parenthetical": "denying summary judgment to officers on an excessive-force claim -- relating to an arrest in 1999 -- because the plaintiffs \"crime was not severe,\" the plaintiff \"posed no threat to the Officers or the community\" and the evide... | 4,076,575 | a |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "but cf.",
"identifier": "336 F.3d 8, 13",
"parenthetical": "finding waiver due to delay in demanding arbitration until after discovery complete and trial date approaching",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity asid... | {
"signal": "cf.",
"identifier": "252 F.3d 33, 33",
"parenthetical": "waiver not found when there was no discovery or other activity aside from plaintiffs filing a request for production",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity a... | 9,182,891 | b |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "but cf.",
"identifier": "325 F.3d 61, 61",
"parenthetical": "waiver found where party opposing arbitration was involved in at least five depositions and thirteen pre-trial conferences",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other ... | {
"signal": "cf.",
"identifier": "252 F.3d 33, 33",
"parenthetical": "waiver not found when there was no discovery or other activity aside from plaintiffs filing a request for production",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity a... | 9,182,891 | b |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "cf.",
"identifier": "252 F.3d 33, 33",
"parenthetical": "waiver not found when there was no discovery or other activity aside from plaintiffs filing a request for production",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity a... | {
"signal": "but cf.",
"identifier": "120 F.3d 304, 316",
"parenthetical": "finding waiver where delay lasted from filing of complaint until the eve of trial",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity aside from plaintiffs filing a... | 9,182,891 | a |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "cf.",
"identifier": "252 F.3d 33, 33",
"parenthetical": "waiver not found when there was no discovery or other activity aside from plaintiffs filing a request for production",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity a... | {
"signal": "but cf.",
"identifier": "671 F.2d 42, 42",
"parenthetical": "waiver found when party seeking arbitration engaged in deposition-taking, a pre-trial conference, cross-motions for summary judgment, and oral argument",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when the... | 9,182,891 | a |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "but cf.",
"identifier": "336 F.3d 8, 13",
"parenthetical": "finding waiver due to delay in demanding arbitration until after discovery complete and trial date approaching",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity asid... | {
"signal": "cf.",
"identifier": "807 F.2d 16, 19",
"parenthetical": "no prejudice despite plaintiffs replying to over 300 interrogatories and twelve comprehensive requests for production of documents",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or ot... | 9,182,891 | b |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "but cf.",
"identifier": "325 F.3d 61, 61",
"parenthetical": "waiver found where party opposing arbitration was involved in at least five depositions and thirteen pre-trial conferences",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other ... | {
"signal": "cf.",
"identifier": "807 F.2d 16, 19",
"parenthetical": "no prejudice despite plaintiffs replying to over 300 interrogatories and twelve comprehensive requests for production of documents",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or ot... | 9,182,891 | b |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "cf.",
"identifier": "807 F.2d 16, 19",
"parenthetical": "no prejudice despite plaintiffs replying to over 300 interrogatories and twelve comprehensive requests for production of documents",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or ot... | {
"signal": "but cf.",
"identifier": "120 F.3d 304, 316",
"parenthetical": "finding waiver where delay lasted from filing of complaint until the eve of trial",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity aside from plaintiffs filing a... | 9,182,891 | a |
The length of delay must be evaluated in the context of litigation activities engaged in during that time. | {
"signal": "but cf.",
"identifier": "671 F.2d 42, 42",
"parenthetical": "waiver found when party seeking arbitration engaged in deposition-taking, a pre-trial conference, cross-motions for summary judgment, and oral argument",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when the... | {
"signal": "cf.",
"identifier": "807 F.2d 16, 19",
"parenthetical": "no prejudice despite plaintiffs replying to over 300 interrogatories and twelve comprehensive requests for production of documents",
"sentence": "Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or ot... | 9,182,891 | b |
"[W]hen a state election law provision imposes only 'reasonable, nondiscriminatory restrictions' upon the First and Fourteenth Amendment rights of voters, 'the State's important regulatory interests are generally sufficient to justify' the restrictions." Appellants contend that the following interests that the statute ... | {
"signal": "see also",
"identifier": "415 U.S. 724, 726",
"parenthetical": "outlining the same interests cited in Garza and noting that the State has a compelling interest in protecting the stability of the political system",
"sentence": "See, e.g., Garza, 924 F.Supp. at 73 (identifying a number of important i... | {
"signal": "see",
"identifier": "924 F.Supp. 73, 73",
"parenthetical": "identifying a number of important interests served by section 162.015 in affirming the constitutionality of the \"sore loser\" provisions of the statute",
"sentence": "See, e.g., Garza, 924 F.Supp. at 73 (identifying a number of important ... | 9,378,832 | b |
"[W]hen a state election law provision imposes only 'reasonable, nondiscriminatory restrictions' upon the First and Fourteenth Amendment rights of voters, 'the State's important regulatory interests are generally sufficient to justify' the restrictions." Appellants contend that the following interests that the statute ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining the same interests cited in Garza and noting that the State has a compelling interest in protecting the stability of the political system",
"sentence": "See, e.g., Garza, 924 F.Supp. at 73 (identifying a number of important interests served... | {
"signal": "see",
"identifier": "924 F.Supp. 73, 73",
"parenthetical": "identifying a number of important interests served by section 162.015 in affirming the constitutionality of the \"sore loser\" provisions of the statute",
"sentence": "See, e.g., Garza, 924 F.Supp. at 73 (identifying a number of important ... | 9,378,832 | b |
"[W]hen a state election law provision imposes only 'reasonable, nondiscriminatory restrictions' upon the First and Fourteenth Amendment rights of voters, 'the State's important regulatory interests are generally sufficient to justify' the restrictions." Appellants contend that the following interests that the statute ... | {
"signal": "see",
"identifier": "924 F.Supp. 73, 73",
"parenthetical": "identifying a number of important interests served by section 162.015 in affirming the constitutionality of the \"sore loser\" provisions of the statute",
"sentence": "See, e.g., Garza, 924 F.Supp. at 73 (identifying a number of important ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining the same interests cited in Garza and noting that the State has a compelling interest in protecting the stability of the political system",
"sentence": "See, e.g., Garza, 924 F.Supp. at 73 (identifying a number of important interests served... | 9,378,832 | a |
that at least one of our sister circuits has recently suggested that different constitutional standards may apply to stops based on probable cause. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"We of course do not suggest that a traffic stop supported by probable cause may not exceed the bounds set by the Fourth Amendment on the scope of a Terry stop.\"",
"sentence": "See United States v. Childs, 277 F.3d 947, 952-54 (7th Cir.2002) (en ba... | {
"signal": "see",
"identifier": "277 F.3d 947, 952-54",
"parenthetical": "noting that the Fourth Amendment allows for a broader range of law enforcement actions where a traffic stop is supported by probable cause",
"sentence": "See United States v. Childs, 277 F.3d 947, 952-54 (7th Cir.2002) (en banc) (noting ... | 4,179,659 | b |
that at least one of our sister circuits has recently suggested that different constitutional standards may apply to stops based on probable cause. | {
"signal": "see",
"identifier": "277 F.3d 947, 952-54",
"parenthetical": "noting that the Fourth Amendment allows for a broader range of law enforcement actions where a traffic stop is supported by probable cause",
"sentence": "See United States v. Childs, 277 F.3d 947, 952-54 (7th Cir.2002) (en banc) (noting ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"We of course do not suggest that a traffic stop supported by probable cause may not exceed the bounds set by the Fourth Amendment on the scope of a Terry stop.\"",
"sentence": "See United States v. Childs, 277 F.3d 947, 952-54 (7th Cir.2002) (en ba... | 4,179,659 | a |
that at least one of our sister circuits has recently suggested that different constitutional standards may apply to stops based on probable cause. | {
"signal": "see",
"identifier": "277 F.3d 947, 952-54",
"parenthetical": "noting that the Fourth Amendment allows for a broader range of law enforcement actions where a traffic stop is supported by probable cause",
"sentence": "See United States v. Childs, 277 F.3d 947, 952-54 (7th Cir.2002) (en banc) (noting ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"We of course do not suggest that a traffic stop supported by probable cause may not exceed the bounds set by the Fourth Amendment on the scope of a Terry stop.\"",
"sentence": "See United States v. Childs, 277 F.3d 947, 952-54 (7th Cir.2002) (en ba... | 4,179,659 | a |
The probation officer was not obliged to warn Acantara in advance that his statements at the revocation hearing could be used against him. See Fed. R.Crim.P. 32.1(b)(2)(A) (requiring only that written notice of "the alleged violation" be given). Nor has Acantara explained why his seemingly voluntary statements at the h... | {
"signal": "see also",
"identifier": "228 F.3d 19, 22",
"parenthetical": "rejecting a claim that Miranda warnings are generally required before a person is subjected to \"in-court questioning\"",
"sentence": "See United States v. Jones, 299 F.3d 103, 110-11 (2d Cir.2002) (concluding that a person charged with ... | {
"signal": "see",
"identifier": "299 F.3d 103, 110-11",
"parenthetical": "concluding that a person charged with a supervised release violation who voluntarily chooses to testify at a revocation hearing cannot later claim that his testimony was compelled",
"sentence": "See United States v. Jones, 299 F.3d 103, ... | 5,733,924 | b |
There is no dispute that a medical examination -- including urinalysis -- constitutes a "search" implicating the Fourth Amendment. | {
"signal": "no signal",
"identifier": "95 F.3d 864, 870",
"parenthetical": "\"In today's world, a medical examination that does not include either a blood test or urinalysis would be unusual. Nonetheless, any such medical examination would still implicate the Fourth Amendment.\"",
"sentence": "Yin v. State of ... | {
"signal": "see also",
"identifier": "489 U.S. 602, 616-17",
"parenthetical": "explaining that the collection and testing of urine is a search, which \"intrudes upon expectations of privacy that society has long recognized as reasonable\"",
"sentence": "Yin v. State of Cal., 95 F.3d 864, 870 (9th Cir.1996) (“I... | 4,324,145 | a |
There is no dispute that a medical examination -- including urinalysis -- constitutes a "search" implicating the Fourth Amendment. | {
"signal": "see also",
"identifier": null,
"parenthetical": "explaining that the collection and testing of urine is a search, which \"intrudes upon expectations of privacy that society has long recognized as reasonable\"",
"sentence": "Yin v. State of Cal., 95 F.3d 864, 870 (9th Cir.1996) (“In today’s world, a... | {
"signal": "no signal",
"identifier": "95 F.3d 864, 870",
"parenthetical": "\"In today's world, a medical examination that does not include either a blood test or urinalysis would be unusual. Nonetheless, any such medical examination would still implicate the Fourth Amendment.\"",
"sentence": "Yin v. State of ... | 4,324,145 | b |
There is no dispute that a medical examination -- including urinalysis -- constitutes a "search" implicating the Fourth Amendment. | {
"signal": "see also",
"identifier": null,
"parenthetical": "explaining that the collection and testing of urine is a search, which \"intrudes upon expectations of privacy that society has long recognized as reasonable\"",
"sentence": "Yin v. State of Cal., 95 F.3d 864, 870 (9th Cir.1996) (“In today’s world, a... | {
"signal": "no signal",
"identifier": "95 F.3d 864, 870",
"parenthetical": "\"In today's world, a medical examination that does not include either a blood test or urinalysis would be unusual. Nonetheless, any such medical examination would still implicate the Fourth Amendment.\"",
"sentence": "Yin v. State of ... | 4,324,145 | b |
These questions, answers, and guidelines are entitled to consideration in evaluating an overbreadth challenge. | {
"signal": "see also",
"identifier": "491 U.S. 794, 794-96",
"parenthetical": "holding that the city's sound-amplification guideline and the city's interpretation of the guideline provided sufficient limiting instructions to render the ordinance's statements ensuring the \"best sound\" and \"appropriate sound qu... | {
"signal": "see",
"identifier": "505 U.S. 131, 131",
"parenthetical": "\"In evaluating [the] facial challenge, we must consider the [association's] authoritative instructions of the [rule], including its own implementation and interpretation of it.\"",
"sentence": "See Forsyth County, 505 U.S. at 131, 112 S.Ct... | 9,484,210 | b |
These questions, answers, and guidelines are entitled to consideration in evaluating an overbreadth challenge. | {
"signal": "see",
"identifier": "505 U.S. 131, 131",
"parenthetical": "\"In evaluating [the] facial challenge, we must consider the [association's] authoritative instructions of the [rule], including its own implementation and interpretation of it.\"",
"sentence": "See Forsyth County, 505 U.S. at 131, 112 S.Ct... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that the city's sound-amplification guideline and the city's interpretation of the guideline provided sufficient limiting instructions to render the ordinance's statements ensuring the \"best sound\" and \"appropriate sound quality\" immune fro... | 9,484,210 | a |
These questions, answers, and guidelines are entitled to consideration in evaluating an overbreadth challenge. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"In evaluating [the] facial challenge, we must consider the [association's] authoritative instructions of the [rule], including its own implementation and interpretation of it.\"",
"sentence": "See Forsyth County, 505 U.S. at 131, 112 S.Ct. 2395 (“In eva... | {
"signal": "see also",
"identifier": "491 U.S. 794, 794-96",
"parenthetical": "holding that the city's sound-amplification guideline and the city's interpretation of the guideline provided sufficient limiting instructions to render the ordinance's statements ensuring the \"best sound\" and \"appropriate sound qu... | 9,484,210 | a |
These questions, answers, and guidelines are entitled to consideration in evaluating an overbreadth challenge. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"In evaluating [the] facial challenge, we must consider the [association's] authoritative instructions of the [rule], including its own implementation and interpretation of it.\"",
"sentence": "See Forsyth County, 505 U.S. at 131, 112 S.Ct. 2395 (“In eva... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that the city's sound-amplification guideline and the city's interpretation of the guideline provided sufficient limiting instructions to render the ordinance's statements ensuring the \"best sound\" and \"appropriate sound quality\" immune fro... | 9,484,210 | a |
Because Gutierrez did not demonstrate prejudice before the BIA, the BIA did not abuse its discretion in denying his motion to reopen based on the record before it. | {
"signal": "see also",
"identifier": "593 F.3d 1025, 1030",
"parenthetical": "approving reliance on an alien's admission that he had been convicted of a controlled substance offense in denying application for adjustment of status",
"sentence": "See Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999) (no prejudice... | {
"signal": "see",
"identifier": "179 F.3d 1148, 1153",
"parenthetical": "no prejudice where petitioner failed to describe the evidence that his counsel incompetently failed to introduce",
"sentence": "See Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999) (no prejudice where petitioner failed to describe the evi... | 3,913,022 | b |
The Court explicitly distinguished between the limited information discovered by use of the beeper -- movements during a discrete journey -- and more comprehensive or sustained monitoring of the sort at issue in this case. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"nothing in this record indicates that the beeper signal was received or relied upon after it had indicated that the [container] had ended its automotive journey at rest on respondent's premises in rural Wisconsin\"",
"sentence": "Id. at 283, 103 S.... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "noting \"limited use which the government made of the signals from this particular beeper\"",
"sentence": "Id. at 283, 103 S.Ct. 1081 (noting “limited use which the government made of the signals from this particular beeper”); see also id. at 284-85... | 3,711,126 | b |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "cf.",
"identifier": "354 U.S. 234, 250",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (hol... | {
"signal": "see",
"identifier": "891 F.2d 337, 351",
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "S... | 11,922,533 | b |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "see",
"identifier": "891 F.2d 337, 351",
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "S... | {
"signal": "cf.",
"identifier": "77 S.Ct. 1203, 1211",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (h... | 11,922,533 | a |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "see",
"identifier": "891 F.2d 337, 351",
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "S... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (holding that it wa... | 11,922,533 | a |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | {
"signal": "cf.",
"identifier": "354 U.S. 234, 250",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (hol... | 11,922,533 | a |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "cf.",
"identifier": "77 S.Ct. 1203, 1211",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (h... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | 11,922,533 | b |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (holding that it wa... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | 11,922,533 | b |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | {
"signal": "cf.",
"identifier": "354 U.S. 234, 250",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (hol... | 11,922,533 | a |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "cf.",
"identifier": "77 S.Ct. 1203, 1211",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (h... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | 11,922,533 | b |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (holding that it wa... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | 11,922,533 | b |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | {
"signal": "cf.",
"identifier": "354 U.S. 234, 250",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (hol... | 11,922,533 | a |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "cf.",
"identifier": "77 S.Ct. 1203, 1211",
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (h... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | 11,922,533 | b |
Holding a university president hable for creating a hostile learning environment solely because of an unpopular speech would also have serious First Amendment implications. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that \"to impose any straitjaeket upon the intellectual leaders in any colleges and universities would imperil the future of our nation\"",
"sentence": "See Brown v. Trustees of Boston Univ., 891 F.2d 337, 351 (1st Cir.1989) (holding that it wa... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that it was error to permit the speeches of a university president to be admitted as evidence of discriminatory animus because of the \"chilling effect that admission of such remarks could have on academic freedom\"",
"sentence": "See Brown v. Tru... | 11,922,533 | b |
112. Notice of a proposed settlement under Rule 23(e) must inform class members (1) of the nature of the pending litigation, (2) of the settlement's general terms, (3) that complete information is available from the court files, and (4) that any class member may appear and be heard at the Fairness Hearing. The nature a... | {
"signal": "see",
"identifier": "758 F.2d 90, 90",
"parenthetical": "observing that Rule 23(e) commits the form of the notice to the court's discretion",
"sentence": "See Zimmer Paper Prods., Inc., 758 F.2d at 90 (observing that Rule 23(e) commits the form of the notice to the court’s discretion); Walsh v. Gre... | {
"signal": "see also",
"identifier": "513 F.2d 120, 120-21",
"parenthetical": "\"[T]he mechanics of the notice process are left to the discretion of the court subject only to the broad reasonableness' standards imposed by due process.\"",
"sentence": "See Zimmer Paper Prods., Inc., 758 F.2d at 90 (observing th... | 11,989,675 | a |
While Plaintiff, along with other candidates, may have been invited to initially interview, Plaintiffs subjective belief, articulated in a conclusory fashion, that he was qualified for the position does not establish that he was as qualified as the applicant who was ultimately selected or even as qualified as the top s... | {
"signal": "see",
"identifier": "104 F.3d 267, 270",
"parenthetical": "\"[A]n employee's subjective personal judgments of her competence alone do not raise a genuine issue of material fact.\"",
"sentence": "See Bradley v. Harcourt, Brace & Co., 104 F.3d 267, 270 (9th Cir.1996) (“[A]n employee’s subjective pers... | {
"signal": "see also",
"identifier": "510 F.3d 772, 784",
"parenthetical": "concluding that the \"subjective beliefs\" of African-American plaintiffs \"that they were as qualified or even more qualified\" for a position upgrade than the non-African-Americans the employer selected did not create a genuine dispute... | 4,230,836 | a |
Finally, some courts have found that the running of a statutory right of redemption is not the kind of "act" that triggers the application of section 362(a). Courts have also recognized that acts that are "ministerial," i.e., that are merely clerical in nature and do not in themselves affect parties' redemption rights,... | {
"signal": "see also",
"identifier": "175 F.3d 889, 897",
"parenthetical": "describing ministerial acts as those which \"entail no deliberation, discretion, or judicial involvement\"",
"sentence": "In re Connors, 497 F.3d 314, 320-21 (3d Cir. 2007) (quoting In re Ziyambe, 200 B.R. 790, 796 (Bankr.D.N.J.1996)) ... | {
"signal": "no signal",
"identifier": "828 F.2d 463, 463-64",
"parenthetical": "\"routine certification\" of non-redemption by clerk of court, where debtor failed to comply with contract for deed within redemption period, was not affirmative act required to complete running of redemption period but was instead m... | 4,117,286 | b |
This is not the only inquiry, though. The Court may also consider the financial burden placed on claimants as a result of the seizure. | {
"signal": "see also",
"identifier": "38 F.3d 323, 323",
"parenthetical": "pointing out that the nature of the prejudice suffered by a claimant differs in every case",
"sentence": "See also Jones, 38 F.3d at 323 (pointing out that the nature of the prejudice suffered by a claimant differs in every case)."
} | {
"signal": "see",
"identifier": "655 F.Supp. 1348, 1352",
"parenthetical": "holding that \"prejudice ... can be presumed where [claimants are] deprived of the use of [their] property by the government without justifiable cause for a period of twenty-three months\"",
"sentence": "See United States v. Sharp, 655... | 11,233,073 | b |
The defendant places much emphasis on the fact that she never left the store with the merchandise. However, it is well-recognized in Massachusetts and elsewhere that taking goods beyond a store's premises is not a necessary precondition to a larceny conviction; the element of asportation may be satisfied if the defenda... | {
"signal": "see",
"identifier": "222 A.2d 848, 849",
"parenthetical": "defendant briefly concealed pants, then attempted to place them with other merchandise when he noticed that he was being observed",
"sentence": "See, e.g., McRae v. United States, 222 A.2d 848, 849 (D.C. Ct. App. 1966) (defendant briefly co... | {
"signal": "cf.",
"identifier": "99 Mass. 431, 432-433",
"parenthetical": "\"It is not indeed necessary that the pocket-book . . . should have been removed from the pocket, if once within the grasp of the thief, to constitute larceny\"",
"sentence": "Cf. Commonwealth v. Luckis, 99 Mass. 431, 432-433 (1868) (“I... | 859,125 | a |
We note that this case involves facially neutral conditions having only an incidental impact on defendant's religious freedom. Conditions which are themselves religious directly requiring or prohibiting religious conduct may require analysis under traditional freedom of religion standards. | {
"signal": "see also",
"identifier": "185 Va. 335, 343-45",
"parenthetical": "probation condition requiring that juveniles attend Sunday school and church for one year invalid as a violation of the juveniles' freedom of religion",
"sentence": "See State v. Evans, 14 Kan. App. 2d 591, 593, 796 P.2d 178, 180 (19... | {
"signal": "see",
"identifier": "14 Kan. App. 2d 591, 593",
"parenthetical": "probation condition requiring that defendant attend a specific church and perform one thousand hours of maintenance work at that church invalid where not justified by a compelling state interest",
"sentence": "See State v. Evans, 14 ... | 4,814,504 | b |
We note that this case involves facially neutral conditions having only an incidental impact on defendant's religious freedom. Conditions which are themselves religious directly requiring or prohibiting religious conduct may require analysis under traditional freedom of religion standards. | {
"signal": "see also",
"identifier": "38 S.E.2d 444, 448-49",
"parenthetical": "probation condition requiring that juveniles attend Sunday school and church for one year invalid as a violation of the juveniles' freedom of religion",
"sentence": "See State v. Evans, 14 Kan. App. 2d 591, 593, 796 P.2d 178, 180 (... | {
"signal": "see",
"identifier": "14 Kan. App. 2d 591, 593",
"parenthetical": "probation condition requiring that defendant attend a specific church and perform one thousand hours of maintenance work at that church invalid where not justified by a compelling state interest",
"sentence": "See State v. Evans, 14 ... | 4,814,504 | b |
We note that this case involves facially neutral conditions having only an incidental impact on defendant's religious freedom. Conditions which are themselves religious directly requiring or prohibiting religious conduct may require analysis under traditional freedom of religion standards. | {
"signal": "see also",
"identifier": "185 Va. 335, 343-45",
"parenthetical": "probation condition requiring that juveniles attend Sunday school and church for one year invalid as a violation of the juveniles' freedom of religion",
"sentence": "See State v. Evans, 14 Kan. App. 2d 591, 593, 796 P.2d 178, 180 (19... | {
"signal": "see",
"identifier": "796 P.2d 178, 180",
"parenthetical": "probation condition requiring that defendant attend a specific church and perform one thousand hours of maintenance work at that church invalid where not justified by a compelling state interest",
"sentence": "See State v. Evans, 14 Kan. Ap... | 4,814,504 | b |
We note that this case involves facially neutral conditions having only an incidental impact on defendant's religious freedom. Conditions which are themselves religious directly requiring or prohibiting religious conduct may require analysis under traditional freedom of religion standards. | {
"signal": "see",
"identifier": "796 P.2d 178, 180",
"parenthetical": "probation condition requiring that defendant attend a specific church and perform one thousand hours of maintenance work at that church invalid where not justified by a compelling state interest",
"sentence": "See State v. Evans, 14 Kan. Ap... | {
"signal": "see also",
"identifier": "38 S.E.2d 444, 448-49",
"parenthetical": "probation condition requiring that juveniles attend Sunday school and church for one year invalid as a violation of the juveniles' freedom of religion",
"sentence": "See State v. Evans, 14 Kan. App. 2d 591, 593, 796 P.2d 178, 180 (... | 4,814,504 | a |
In other words, while Mr. Roling expressed unhappiness with the amount of the fee assessment, he never alerted E*Trade to the fact that he was disputing its legal right to charge the fees in the first place. In short, he did not assert the fees were in breach of the contract. | {
"signal": "see",
"identifier": "130 B.R. 675, 675",
"parenthetical": "stating that, \"[hjaving failed to notify the Bank of any breach of the Loan Agreements and having continued to accept the benefits of the agreement in the form of continuing advances from the Bank, RPC is now precluded from asserting any suc... | {
"signal": "cf.",
"identifier": "273 Cal.App.2d 594, 603",
"parenthetical": "noting that, \"[wjhile a notice of termination or cancellation of a contract for breach need not be formal and explicit, it should clearly indicate to the defaulting party that the injured party considers the contract terminated\"",
"... | 5,747,532 | a |
In other words, while Mr. Roling expressed unhappiness with the amount of the fee assessment, he never alerted E*Trade to the fact that he was disputing its legal right to charge the fees in the first place. In short, he did not assert the fees were in breach of the contract. | {
"signal": "see",
"identifier": "130 B.R. 675, 675",
"parenthetical": "stating that, \"[hjaving failed to notify the Bank of any breach of the Loan Agreements and having continued to accept the benefits of the agreement in the form of continuing advances from the Bank, RPC is now precluded from asserting any suc... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that, \"[wjhile a notice of termination or cancellation of a contract for breach need not be formal and explicit, it should clearly indicate to the defaulting party that the injured party considers the contract terminated\"",
"sentence": "See Natio... | 5,747,532 | a |
First, it is within the power of the state to enact the Sexual Solicitation Statute. "The traditional police power of the States is defined as the authority to provide for the public health, safety, and morals, and [the U.S. Supreme Court has] upheld such a basis for legislation." | {
"signal": "see",
"identifier": "478 U.S. 711, 711",
"parenthetical": "\"A State has a legitimate interest in forbidding sexual acts committed in public.... \"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public indecency statute furthe... | {
"signal": "no signal",
"identifier": "501 U.S. 560, 569",
"parenthetical": "holding that a \"public indecency statute furthers a substantial government interest in protecting order and morality\"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding th... | 3,700,262 | b |
First, it is within the power of the state to enact the Sexual Solicitation Statute. "The traditional police power of the States is defined as the authority to provide for the public health, safety, and morals, and [the U.S. Supreme Court has] upheld such a basis for legislation." | {
"signal": "see",
"identifier": null,
"parenthetical": "\"A State has a legitimate interest in forbidding sexual acts committed in public.... \"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public indecency statute furthers a substantia... | {
"signal": "no signal",
"identifier": "501 U.S. 560, 569",
"parenthetical": "holding that a \"public indecency statute furthers a substantial government interest in protecting order and morality\"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding th... | 3,700,262 | b |
First, it is within the power of the state to enact the Sexual Solicitation Statute. "The traditional police power of the States is defined as the authority to provide for the public health, safety, and morals, and [the U.S. Supreme Court has] upheld such a basis for legislation." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that a \"public indecency statute furthers a substantial government interest in protecting order and morality\"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public in... | {
"signal": "see",
"identifier": "478 U.S. 711, 711",
"parenthetical": "\"A State has a legitimate interest in forbidding sexual acts committed in public.... \"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public indecency statute furthe... | 3,700,262 | a |
First, it is within the power of the state to enact the Sexual Solicitation Statute. "The traditional police power of the States is defined as the authority to provide for the public health, safety, and morals, and [the U.S. Supreme Court has] upheld such a basis for legislation." | {
"signal": "see",
"identifier": null,
"parenthetical": "\"A State has a legitimate interest in forbidding sexual acts committed in public.... \"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public indecency statute furthers a substantia... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that a \"public indecency statute furthers a substantial government interest in protecting order and morality\"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public in... | 3,700,262 | b |
First, it is within the power of the state to enact the Sexual Solicitation Statute. "The traditional police power of the States is defined as the authority to provide for the public health, safety, and morals, and [the U.S. Supreme Court has] upheld such a basis for legislation." | {
"signal": "see",
"identifier": "478 U.S. 711, 711",
"parenthetical": "\"A State has a legitimate interest in forbidding sexual acts committed in public.... \"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public indecency statute furthe... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that a \"public indecency statute furthers a substantial government interest in protecting order and morality\"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public in... | 3,700,262 | b |
First, it is within the power of the state to enact the Sexual Solicitation Statute. "The traditional police power of the States is defined as the authority to provide for the public health, safety, and morals, and [the U.S. Supreme Court has] upheld such a basis for legislation." | {
"signal": "see",
"identifier": null,
"parenthetical": "\"A State has a legitimate interest in forbidding sexual acts committed in public.... \"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public indecency statute furthers a substantia... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that a \"public indecency statute furthers a substantial government interest in protecting order and morality\"",
"sentence": "Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (holding that a “public in... | 3,700,262 | b |
This finding is in accord with previous decisions of Iowa courts upholding judgments in which district courts have accepted guilty pleas to offenses not charged in the original informations. | {
"signal": "see",
"identifier": "256 Iowa 801, 805",
"parenthetical": "finding no jurisdictional error where the court accepted a guilty plea to assault with intent to commit rape when the greater crime of incest was charged",
"sentence": "See e.g., State v. Meyers, 256 Iowa 801, 805, 129 N.W.2d 88, 90-91 (196... | {
"signal": "cf.",
"identifier": "310 N.W.2d 201, 202",
"parenthetical": "plea of guilty to willful injury where original information alleged attempted murder",
"sentence": "See e.g., State v. Meyers, 256 Iowa 801, 805, 129 N.W.2d 88, 90-91 (1964) (finding no jurisdictional error where the court accepted a guil... | 10,657,852 | a |
This finding is in accord with previous decisions of Iowa courts upholding judgments in which district courts have accepted guilty pleas to offenses not charged in the original informations. | {
"signal": "see",
"identifier": "129 N.W.2d 88, 90-91",
"parenthetical": "finding no jurisdictional error where the court accepted a guilty plea to assault with intent to commit rape when the greater crime of incest was charged",
"sentence": "See e.g., State v. Meyers, 256 Iowa 801, 805, 129 N.W.2d 88, 90-91 (... | {
"signal": "cf.",
"identifier": "310 N.W.2d 201, 202",
"parenthetical": "plea of guilty to willful injury where original information alleged attempted murder",
"sentence": "See e.g., State v. Meyers, 256 Iowa 801, 805, 129 N.W.2d 88, 90-91 (1964) (finding no jurisdictional error where the court accepted a guil... | 10,657,852 | a |
This finding is in accord with previous decisions of Iowa courts upholding judgments in which district courts have accepted guilty pleas to offenses not charged in the original informations. | {
"signal": "cf.",
"identifier": "310 N.W.2d 201, 202",
"parenthetical": "plea of guilty to willful injury where original information alleged attempted murder",
"sentence": "See e.g., State v. Meyers, 256 Iowa 801, 805, 129 N.W.2d 88, 90-91 (1964) (finding no jurisdictional error where the court accepted a guil... | {
"signal": "see",
"identifier": "316 N.W.2d 415, 417",
"parenthetical": "finding that defendant had waived any irregularity in the failure to file an amended information and thus trial court properly entered judgment of conviction and sentence on a charge greater than that alleged in the information",
"sentenc... | 10,657,852 | b |
In some portions of the order, "parenting time" appears to refer to visitation rights while the child is in the physical custody of the other parent, but in other portions of the order, "parenting time" appears to refer to physical custody itself. The custody order must unambiguously set out the custody arrangement and... | {
"signal": "no signal",
"identifier": "61 V.I. 145, 149",
"parenthetical": "a custody order may only be enforced through contempt proceedings when \"the order ... is clear and unambiguous\" (quoting In re Burke, 50 V.I. 346, 352 (V.I. 2008",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a... | {
"signal": "see also",
"identifier": "136 S.W.3d 749, 755",
"parenthetical": "\"the trial court abused its discretion by failing to order the appellant's possession of and access to the child in clear and unambiguous terms\" because \"the appellant could not successfully enforce this judgment by contempt\"",
"... | 4,237,370 | a |
In some portions of the order, "parenting time" appears to refer to visitation rights while the child is in the physical custody of the other parent, but in other portions of the order, "parenting time" appears to refer to physical custody itself. The custody order must unambiguously set out the custody arrangement and... | {
"signal": "see also",
"identifier": null,
"parenthetical": "remanding a custody order where \"the trial court's incorporation of . . . unidentified terms . . . createfd] unnecessary uncertainty\"",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a custody order may only be enforced through... | {
"signal": "no signal",
"identifier": "61 V.I. 145, 149",
"parenthetical": "a custody order may only be enforced through contempt proceedings when \"the order ... is clear and unambiguous\" (quoting In re Burke, 50 V.I. 346, 352 (V.I. 2008",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a... | 4,237,370 | b |
In some portions of the order, "parenting time" appears to refer to visitation rights while the child is in the physical custody of the other parent, but in other portions of the order, "parenting time" appears to refer to physical custody itself. The custody order must unambiguously set out the custody arrangement and... | {
"signal": "see also",
"identifier": "963 A.2d 535, 545",
"parenthetical": "remanding a custody order where \"the trial court's incorporation of . . . unidentified terms . . . createfd] unnecessary uncertainty\"",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a custody order may only be e... | {
"signal": "no signal",
"identifier": "61 V.I. 145, 149",
"parenthetical": "a custody order may only be enforced through contempt proceedings when \"the order ... is clear and unambiguous\" (quoting In re Burke, 50 V.I. 346, 352 (V.I. 2008",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a... | 4,237,370 | b |
In some portions of the order, "parenting time" appears to refer to visitation rights while the child is in the physical custody of the other parent, but in other portions of the order, "parenting time" appears to refer to physical custody itself. The custody order must unambiguously set out the custody arrangement and... | {
"signal": "see also",
"identifier": "136 S.W.3d 749, 755",
"parenthetical": "\"the trial court abused its discretion by failing to order the appellant's possession of and access to the child in clear and unambiguous terms\" because \"the appellant could not successfully enforce this judgment by contempt\"",
"... | {
"signal": "no signal",
"identifier": "50 V.I. 346, 352",
"parenthetical": "a custody order may only be enforced through contempt proceedings when \"the order ... is clear and unambiguous\" (quoting In re Burke, 50 V.I. 346, 352 (V.I. 2008",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a... | 4,237,370 | b |
In some portions of the order, "parenting time" appears to refer to visitation rights while the child is in the physical custody of the other parent, but in other portions of the order, "parenting time" appears to refer to physical custody itself. The custody order must unambiguously set out the custody arrangement and... | {
"signal": "see also",
"identifier": null,
"parenthetical": "remanding a custody order where \"the trial court's incorporation of . . . unidentified terms . . . createfd] unnecessary uncertainty\"",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a custody order may only be enforced through... | {
"signal": "no signal",
"identifier": "50 V.I. 346, 352",
"parenthetical": "a custody order may only be enforced through contempt proceedings when \"the order ... is clear and unambiguous\" (quoting In re Burke, 50 V.I. 346, 352 (V.I. 2008",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a... | 4,237,370 | b |
In some portions of the order, "parenting time" appears to refer to visitation rights while the child is in the physical custody of the other parent, but in other portions of the order, "parenting time" appears to refer to physical custody itself. The custody order must unambiguously set out the custody arrangement and... | {
"signal": "no signal",
"identifier": "50 V.I. 346, 352",
"parenthetical": "a custody order may only be enforced through contempt proceedings when \"the order ... is clear and unambiguous\" (quoting In re Burke, 50 V.I. 346, 352 (V.I. 2008",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a... | {
"signal": "see also",
"identifier": "963 A.2d 535, 545",
"parenthetical": "remanding a custody order where \"the trial court's incorporation of . . . unidentified terms . . . createfd] unnecessary uncertainty\"",
"sentence": "In re Custody of N.A.W., 61 V.I. 145, 149 (V.I. 2014) (a custody order may only be e... | 4,237,370 | a |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see",
"identifier": "75 N.Y.2d 327, 337-38",
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing inve... | {
"signal": "see also",
"identifier": "60 N.Y.2d 897, 898",
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory proc... | 5,649,755 | a |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory process at a pretria... | {
"signal": "see",
"identifier": "75 N.Y.2d 327, 337-38",
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing inve... | 5,649,755 | b |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see",
"identifier": "75 N.Y.2d 327, 337-38",
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing inve... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory process at a pretria... | 5,649,755 | a |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing investigations",
"sen... | {
"signal": "see also",
"identifier": "60 N.Y.2d 897, 898",
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory proc... | 5,649,755 | a |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing investigations",
"sen... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory process at a pretria... | 5,649,755 | a |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory process at a pretria... | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing investigations",
"sen... | 5,649,755 | b |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see also",
"identifier": "60 N.Y.2d 897, 898",
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory proc... | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing investigations",
"sen... | 5,649,755 | b |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing investigations",
"sen... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory process at a pretria... | 5,649,755 | a |
More to the point, we think that district attorneys and other prosecuting authorities cannot be compelled to participate in a hearing that would test the merits of their case in a civil deprivation proceeding brought by a separate government entity and that is at most tangential to the criminal case. Decisions of other... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the City of New York and the district attorneys' offices within it are separate entities",
"sentence": "See, e.g., People v. Chipp, 75 N.Y.2d 327, 337-38, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) (defendant cannot invoke compulsory process at a pretria... | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant cannot invoke compulsory process at a pretrial hearing testing the suggestiveness of a lineup, in part because of the risk that the defendant could use such hearings to leverage favorable plea bargains or compromise ongoing investigations",
"sen... | 5,649,755 | b |
A reliable differential diagnosis generally involves the performance of physical examinations, the taking of medical histories, and the review of clinical tests. While integrating scientific literature into the process might bolster the credibility of an expert's opinion, the absence of scholarly references in an exper... | {
"signal": "see",
"identifier": "892 F.Supp. 756, 774",
"parenthetical": "\"[I]f a person were doused with chemical X and immediately thereafter developed symptom Y, the need for published literature showing a correlation between the two may be lessened.\"",
"sentence": "See Cavallo v. Star Enter., 892 F.Supp.... | {
"signal": "see also",
"identifier": "167 F.3d 146, 154",
"parenthetical": "concluding that Daubert does not require a physician to \"rely on definitive published studies before concluding that exposure to a particular object or chemical was the most likely cause of a plaintiffs illness\"",
"sentence": "See Ca... | 4,063,277 | a |
A reliable differential diagnosis generally involves the performance of physical examinations, the taking of medical histories, and the review of clinical tests. While integrating scientific literature into the process might bolster the credibility of an expert's opinion, the absence of scholarly references in an exper... | {
"signal": "see also",
"identifier": "167 F.3d 146, 154",
"parenthetical": "concluding that Daubert does not require a physician to \"rely on definitive published studies before concluding that exposure to a particular object or chemical was the most likely cause of a plaintiffs illness\"",
"sentence": "See Ca... | {
"signal": "see",
"identifier": "100 F.3d 1150, 1159",
"parenthetical": "\"[I]f a person were doused with chemical X and immediately thereafter developed symptom Y, the need for published literature showing a correlation between the two may be lessened.\"",
"sentence": "See Cavallo v. Star Enter., 892 F.Supp. ... | 4,063,277 | b |
It appears to us from the record in this case that the Court of Federal Claims erred in finding that it had no jurisdiction to entertain arguments that were not directly based on a money-mandating statute. Claimants in the Court of Federal Claims may argue issues based on violations of the Constitution or of a statute ... | {
"signal": "no signal",
"identifier": "124 F.3d 1467, 1467",
"parenthetical": "holding that the Court of Federal Claims had jurisdiction to decide an alleged due process violation related to his claim for damages under a money-mandating statute",
"sentence": "Holley, 124 F.3d at 1467 (holding that the Court of... | {
"signal": "see also",
"identifier": "62 Fed.Cl. 673, 677-78",
"parenthetical": "holding that the Court of Federal Claims had pendant jurisdiction over a state law contract claim that was part of the same case as a claim over which the Court of Federal Claims had jurisdiction pursuant to 28 U.S.C. SS 1498(b",
... | 3,938,772 | a |
Here, Plaintiff was questioned on two separate occasions concerning whether he would testify in his former coworkers employment discrimination lawsuit. Plaintiff responded, apparently on both occasions, that he would "tell the truth" if subpoenaed. While Plaintiffs statements in December 2007 do not satisfy the causal ... | {
"signal": "see",
"identifier": "246 F.3d 344, 355",
"parenthetical": "finding that \"a time lapse of up to four months has been found sufficient to satisfy the causal connection for summary judgment purposes\"",
"sentence": "See, e.g., Evans v. City of Houston, 246 F.3d 344, 355 (5th Cir.2001) (finding that “... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding that a three-week lapse between protected activity and adverse employment action was sufficient to show a causal link",
"sentence": "See, e.g., Evans v. City of Houston, 246 F.3d 344, 355 (5th Cir.2001) (finding that “a time lapse of up to fo... | 4,174,007 | a |
Here, Plaintiff was questioned on two separate occasions concerning whether he would testify in his former coworkers employment discrimination lawsuit. Plaintiff responded, apparently on both occasions, that he would "tell the truth" if subpoenaed. While Plaintiffs statements in December 2007 do not satisfy the causal ... | {
"signal": "see",
"identifier": "246 F.3d 344, 355",
"parenthetical": "finding that \"a time lapse of up to four months has been found sufficient to satisfy the causal connection for summary judgment purposes\"",
"sentence": "See, e.g., Evans v. City of Houston, 246 F.3d 344, 355 (5th Cir.2001) (finding that “... | {
"signal": "see also",
"identifier": "233 Fed.Appx. 334, 338",
"parenthetical": "concluding that two-and-one-half months is short enough to support an inference of a causal link",
"sentence": "See, e.g., Evans v. City of Houston, 246 F.3d 344, 355 (5th Cir.2001) (finding that “a time lapse of up to four months... | 4,174,007 | a |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "see also",
"identifier": "457 U.S. 922, 928",
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourteen... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | 7,656,020 | b |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "see also",
"identifier": "102 S.Ct. 2744, 2749",
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourt... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | 7,656,020 | b |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "see also",
"identifier": null,
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourteenth Amendment cl... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | 7,656,020 | b |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "see also",
"identifier": "457 U.S. 922, 928",
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourteen... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | 7,656,020 | b |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | {
"signal": "see also",
"identifier": "102 S.Ct. 2744, 2749",
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourt... | 7,656,020 | a |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "see also",
"identifier": null,
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourteenth Amendment cl... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | 7,656,020 | b |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "see also",
"identifier": "457 U.S. 922, 928",
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourteen... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | 7,656,020 | b |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "see also",
"identifier": "102 S.Ct. 2744, 2749",
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourt... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | 7,656,020 | b |
Section 1983 does not provide relief for all constitutional injuries only for those injuries caused by persons who are state actors or acting "under color" of state law. The ".under color" of law requirement of SS 1983 has been viewed in the same manner as the "state action" requirement of the Fourteenth Amendment. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "In SS 1983 claims, as in Fourteenth Amendment claims, the question is whether the infringement of rights is attributable to the state",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "state action and under color of law are obviously related even if not completely identical",
"sentence": "United States v. Price, 383 U.S. 787, 794 n. 7, 86 S.Ct. 1152, 1157 n. 7, 16 L.Ed.2d 267 (1966) (In § 1983 claims, as in Fourteenth Amendment cl... | 7,656,020 | a |
Moreover, if a petition sufficiently alleges a claim pursuant to Section 853(n), the burden of demonstrating a petitioner's ownership of or right, title, or interest in property included in a preliminary order of forfeiture is "ultimately on the petitioner to prove ... by a preponderance of the evidence," rather than o... | {
"signal": "no signal",
"identifier": "404 F.3d 1119, 1125",
"parenthetical": "\"The petitioner bears the burden of proving his right, title, or interest under SS 853(n",
"sentence": "Pacheco, 393 F.3d at 351; United States v. Nava, 404 F.3d 1119, 1125 (9th Cir.2005) (“The petitioner bears the burden of provin... | {
"signal": "see",
"identifier": "459 F.3d 381, 381",
"parenthetical": "\"An ancillary proceeding is evidently the only avenue for a post-indictment third-party claim to forfeited property ....\"",
"sentence": "See De Almeida, 459 F.3d at 381 (“An ancillary proceeding is evidently the only avenue for a post-ind... | 4,306,460 | a |
The court finds no compelling reason to exercise its supplemental jurisdiction and determines in the interest of comity and federalism that plaintiffs remaining state law claims be heard in state court. | {
"signal": "see",
"identifier": "972 F.2d 1545, 1559",
"parenthetical": "district court did not abuse its discretion in declining to exercise supplemental jurisdiction over pendant state law claims where it dismissed federal securities and RICO claims before trial",
"sentence": "See Boone v. Carlsbad Bancorp.,... | {
"signal": "see also",
"identifier": "789 F.Supp. 1102, 1107-08",
"parenthetical": "court declined to exercise jurisdiction over state statutory claim where it granted summary judgment in favor of defendant on plaintiffs Title VII claim",
"sentence": "See Boone v. Carlsbad Bancorp., Inc., 972 F.2d 1545, 1559 (... | 7,849,977 | a |
The court finds no compelling reason to exercise its supplemental jurisdiction and determines in the interest of comity and federalism that plaintiffs remaining state law claims be heard in state court. | {
"signal": "see also",
"identifier": "789 F.Supp. 1102, 1107-08",
"parenthetical": "court declined to exercise jurisdiction over state statutory claim where it granted summary judgment in favor of defendant on plaintiffs Title VII claim",
"sentence": "See Boone v. Carlsbad Bancorp., Inc., 972 F.2d 1545, 1559 (... | {
"signal": "see",
"identifier": "834 F.Supp. 1328, 1334",
"parenthetical": "court granted summary judgment on plaintiffs federal claims and declined to exercise jurisdiction over state law claims",
"sentence": "See Boone v. Carlsbad Bancorp., Inc., 972 F.2d 1545, 1559 (10th Cir.1992) (district court did not ab... | 7,849,977 | b |
This inadmissible evidence from Dr. Stuemky, Dr. Tremaine, and Ms. Amlin magnified the impact of these errors on the members in a case where the panel requested clarifying instructions from the judge and deliberated on findings for almost six hours. Each evidentiary error was significant, and together they denied Appel... | {
"signal": "see",
"identifier": "47 M.J. 410, 410",
"parenthetical": "plain error for expert to act as human lie detector",
"sentence": "See Birdsall, 47 M.J. at 410 (plain error for expert to act as human lie detector); United States v. Garza, 608 F.2d 659, 664-66 (5th Cir.1979)(it was plain error for the pro... | {
"signal": "but see",
"identifier": "310 F.3d 1074, 1078",
"parenthetical": "where there was substantial evidence of guilt, no plain error for expert to opine that accused \"had an intent to kill a policeman\"",
"sentence": "See Birdsall, 47 M.J. at 410 (plain error for expert to act as human lie detector); Un... | 34,221 | a |
This inadmissible evidence from Dr. Stuemky, Dr. Tremaine, and Ms. Amlin magnified the impact of these errors on the members in a case where the panel requested clarifying instructions from the judge and deliberated on findings for almost six hours. Each evidentiary error was significant, and together they denied Appel... | {
"signal": "but see",
"identifier": "310 F.3d 1074, 1078",
"parenthetical": "where there was substantial evidence of guilt, no plain error for expert to opine that accused \"had an intent to kill a policeman\"",
"sentence": "See Birdsall, 47 M.J. at 410 (plain error for expert to act as human lie detector); Un... | {
"signal": "see",
"identifier": "608 F.2d 659, 664-66",
"parenthetical": "it was plain error for the prosecutor to \"testify\" as an expert witness and opine in closing argument as to the guilt or innocence of the accused",
"sentence": "See Birdsall, 47 M.J. at 410 (plain error for expert to act as human lie d... | 34,221 | b |
Further, Plaintiffs dissatisfaction with Harley I, that is, what he perceives to be a dramatic undercutting of ERISA's protection of defined benefit plans from fiduciary breach, is insufficient to survive summary judgment. The Eighth Circuit Court of Appeals noted that its standing "decision does not insulate a fiducia... | {
"signal": "cf.",
"identifier": "530 U.S. 238, 247",
"parenthetical": "\"[29 U.S.C. SS 1132(a)] itself demonstrates Congress' care in delineating the universe of plaintiffs who may bring certain civil actions.\"",
"sentence": "Harley I, 284 F.3d at 908 n. 5. Even though most fiduciaries who breach their statut... | {
"signal": "see also",
"identifier": "105 F.3d 210, 214",
"parenthetical": "stating that only the Secretary of Labor, participants, beneficiaries or fiduciaries of plans may bring suit under 29 U.S.C. SS 1109",
"sentence": "Harley I, 284 F.3d at 908 n. 5. Even though most fiduciaries who breach their statutory... | 5,607,497 | b |
Further, Plaintiffs dissatisfaction with Harley I, that is, what he perceives to be a dramatic undercutting of ERISA's protection of defined benefit plans from fiduciary breach, is insufficient to survive summary judgment. The Eighth Circuit Court of Appeals noted that its standing "decision does not insulate a fiducia... | {
"signal": "see also",
"identifier": "105 F.3d 210, 214",
"parenthetical": "stating that only the Secretary of Labor, participants, beneficiaries or fiduciaries of plans may bring suit under 29 U.S.C. SS 1109",
"sentence": "Harley I, 284 F.3d at 908 n. 5. Even though most fiduciaries who breach their statutory... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[29 U.S.C. SS 1132(a)] itself demonstrates Congress' care in delineating the universe of plaintiffs who may bring certain civil actions.\"",
"sentence": "Harley I, 284 F.3d at 908 n. 5. Even though most fiduciaries who breach their statutory obligations... | 5,607,497 | a |
Further, Plaintiffs dissatisfaction with Harley I, that is, what he perceives to be a dramatic undercutting of ERISA's protection of defined benefit plans from fiduciary breach, is insufficient to survive summary judgment. The Eighth Circuit Court of Appeals noted that its standing "decision does not insulate a fiducia... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[29 U.S.C. SS 1132(a)] itself demonstrates Congress' care in delineating the universe of plaintiffs who may bring certain civil actions.\"",
"sentence": "Harley I, 284 F.3d at 908 n. 5. Even though most fiduciaries who breach their statutory obligations... | {
"signal": "see also",
"identifier": "105 F.3d 210, 214",
"parenthetical": "stating that only the Secretary of Labor, participants, beneficiaries or fiduciaries of plans may bring suit under 29 U.S.C. SS 1109",
"sentence": "Harley I, 284 F.3d at 908 n. 5. Even though most fiduciaries who breach their statutory... | 5,607,497 | b |
Neisler does not gain any ground by seeking relief under Title III of the ADA, a theory that he specifically mentions for the first time on appeal. That title prohibits discrimination by places of public accommodation; it does not cover claims of employment discrimination. | {
"signal": "see also",
"identifier": "735 F.3d 628, 628",
"parenthetical": "concluding that \"Title I specifically, comprehensively, and exclusively addresses disability discrimination in employment\"",
"sentence": "See 42 U.S.C. § 12182(a); Menkowitz v. Pottstown Mem’l Med. Center, 154 F.3d 113, 118-19 (3d Ci... | {
"signal": "see",
"identifier": "154 F.3d 113, 118-19",
"parenthetical": "\"[I]t is evident that Congress sought to regulate disability discrimination in the area of employment exclusively through Title I, notwithstanding the broad language of Title III.\"",
"sentence": "See 42 U.S.C. § 12182(a); Menkowitz v. ... | 4,363,428 | b |
Neisler does not gain any ground by seeking relief under Title III of the ADA, a theory that he specifically mentions for the first time on appeal. That title prohibits discrimination by places of public accommodation; it does not cover claims of employment discrimination. | {
"signal": "see",
"identifier": "154 F.3d 113, 118-19",
"parenthetical": "\"[I]t is evident that Congress sought to regulate disability discrimination in the area of employment exclusively through Title I, notwithstanding the broad language of Title III.\"",
"sentence": "See 42 U.S.C. § 12182(a); Menkowitz v. ... | {
"signal": "see also",
"identifier": "450 F.3d 338, 342",
"parenthetical": "concluding that \"Title I specifically, comprehensively, and exclusively addresses disability discrimination in employment\"",
"sentence": "See 42 U.S.C. § 12182(a); Menkowitz v. Pottstown Mem’l Med. Center, 154 F.3d 113, 118-19 (3d Ci... | 4,363,428 | a |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.