“In determining whether the Articles have been reproduced and distributed ‘as part of’ a ‘revision’ of the collective works in issue, we focus on the Articles as presented to, and perceptible by, the user of the Databases… In this case, ...Read More »
01-0025, 01-0026 In Re the Termination of Parental Rights to Melanie R.L., Brandon C.M.: State v. Rhea F.
Rhea F. contends that there was a failure of proof that she was denied physical placement or visitation by reason of a court order containing notice of the conditions of return. We agree and reverse the orders terminating Rhea’s parental ...Read More »
Trish A. Jonas appeals her conviction for operating a motor vehicle with a prohibited alcohol content (PAC). She contends that the circuit court erred in refusing to suppress the results of her breath test because (1) the police interfered with ...Read More »
“[Graham v. Connor, 490 U.S. 386 (1989) and Anderson v. Creighton, 483 U.S. 635 (1987)] refute the excessive force/probable cause distinction on which much of respondent’s position seems to depend. The deference owed officers facing suits for alleged excessive force ...
Tagged with: Constitutional LawRead More »
“Congress undertook to negotiate with the Coeur d’Alene Tribe for reduction in the territory of an Executive Order reservation that Idaho concedes included the submerged lands at issue here. Congress was aware that the submerged lands were included and clearly ...Read More »
“Section 2244(d)(2) … employs the word ‘State,’ but not the word ‘Federal,’ as a modifier for ‘review.’ It is well settled that ‘ ‘[w]here Congress includes particular language in one section of a statute but omits it in another section ...Read More »
“[T]he fact that a river as a whole is navigable is not dispositive for purposes of maritime law. See, e.g., Leblanc v. Cleveland, 198 F.3d 353 (2d Cir. 1999) (dammed river not navigable even though it was capable of supporting ...Read More »
00-2770 In the Matter of Bond Appeal from the United States District Court for the Central District of Illinois, Mills, J., Cudahy, J.
“[I]n spite of Dempsey’s failure to obtain the fees she requested, we note that she has set forth several reasonable arguments regarding the manner in which her fee requests were handled. For example, the bankruptcy court never provided her with ...Read More »