context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
values |
|---|---|---|---|---|
Juveniles enjoy the privilege against self-incrimination guaranteed to adults by the Fifth and Fourteenth Amendments to the United States Constitution. | {
"signal": "cf.",
"identifier": "832 F.2d 229, 237-38",
"parenthetical": "distinguishing Perry as applying only when the defendant's testimo ny was required by a statutory presumption",
"sentence": "Simmons v. United States, 390 U.S. 377, 393-94, 88 S.Ct. 967, 975-77, 19 L.Ed.2d 1247 (1968); United States v. P... | {
"signal": "no signal",
"identifier": "788 F.2d 100, 115-16",
"parenthetical": "availability of judicial grant of use immunity with respect to defendant's testimony in rebutting the presumption of dangerousness sufficient to avoid violation of Fifth Amendment",
"sentence": "Simmons v. United States, 390 U.S. 3... | 10,345,903 | b |
As we have stated, in order to be a "meaningful offer" of UIM coverage, an offer must "intelligibly advise the insured of the nature of' UIM coverage. | {
"signal": "see",
"identifier": "545 S.E.2d 848, 848",
"parenthetical": "concluding that \"no [meaningful] offer was made\" when UIM form was presented to and signed by spouse' of named insured who was not authorized to reject UIM coverage",
"sentence": "Wannamaker, 354 S.E.2d at 556; see Estate of Hancock, 54... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting \"legislature's intent that all named insured be offered UIM coverage\"",
"sentence": "Wannamaker, 354 S.E.2d at 556; see Estate of Hancock, 545 S.E.2d at 848 (concluding that “no [meaningful] offer was made” when UIM form was presented to and... | 9,414,621 | a |
As we have stated, in order to be a "meaningful offer" of UIM coverage, an offer must "intelligibly advise the insured of the nature of' UIM coverage. | {
"signal": "see",
"identifier": "545 S.E.2d 848, 848",
"parenthetical": "concluding that \"no [meaningful] offer was made\" when UIM form was presented to and signed by spouse' of named insured who was not authorized to reject UIM coverage",
"sentence": "Wannamaker, 354 S.E.2d at 556; see Estate of Hancock, 54... | {
"signal": "see also",
"identifier": "518 S.E.2d 624, 626",
"parenthetical": "noting \"legislature's intent that all named insured be offered UIM coverage\"",
"sentence": "Wannamaker, 354 S.E.2d at 556; see Estate of Hancock, 545 S.E.2d at 848 (concluding that “no [meaningful] offer was made” when UIM form was... | 9,414,621 | a |
It cannot be disputed that this action by the Commission "fixed a legal relationship" between Delmarva and the municipalities. It is equally clear that the action of the Commission in reversing the AU on the discrimination issue "aggrieved" the municipalities within the meaning of SS 313(b). We therefore conclude that,... | {
"signal": "see also",
"identifier": null,
"parenthetical": "reviewing merits of Commission order establishing just and reasonable rates where wholesale customers of the utilities complained that the rates were based on an unfairly discriminatory demand allocation methodology",
"sentence": "See Papago Tribal U... | {
"signal": "see",
"identifier": "628 F.2d 239, 239",
"parenthetical": "describing an order establishing just and reasonable rates as \"[t]he quintessential reviewable order.\"",
"sentence": "See Papago Tribal Utility Authority, 628 F.2d at 239 (describing an order establishing just and reasonable rates as “[t]... | 373,272 | b |
This Court agrees that Minera Yanaco-cha's contacts with the IFC in the District are not "continuous and systematic" as required by due process. | {
"signal": "see also",
"identifier": "2003 WL 1807148, at *4",
"parenthetical": "holding that a foreign defendant was not present in New York for the purposes of jurisdiction simply because it engaged in financing transactions there",
"sentence": "See, e.g., Fan-del, 345 F.2d at 89 (“Washington presents many b... | {
"signal": "see",
"identifier": "345 F.2d 89, 89",
"parenthetical": "\"Washington presents many business organizations with special needs for a continuous and ponderable physical presence there, ... and that the purpose of Congress was not to make that presence in every case a base for the assertion of personal ... | 9,186,095 | b |
Other courts have forced plaintiffs to pay attorney fees under 42 U.S.C.A. SS 1988 precisely because they brought un reasonable, frivolous, meritless, or vexatious claims that they should have known were barred by the Tax Injunction Act. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "affirming award of attorney fees under 42 U.S.C.A. SS 1988 even though the underlying action was barred by the Tax Injunction Act, noting that Werch was a \"similar case\"",
"sentence": "See Werch v. City of Berlin, 673 F.2d 192, 195 (7th Cir.1982) (“Clea... | {
"signal": "see",
"identifier": "673 F.2d 192, 195",
"parenthetical": "\"Clearly, Werch should have known that his claim for injunctive relief would be dismissed for lack of subject matter jurisdiction [due to the Tax Injunction Act], Under these circumstances, Werch's claim for injunctive relief was meritless.\... | 1,618,140 | b |
In part, this concern over proper or genuine identity is borne out in the close attention courts have given to cases of forgery. They consistently have defined those activities which involved misrepresentation of identity as within the scope of SS 2314. For example, the use of a fictitious name as drawer of a check on ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "use of name other than that of actual person involved in transaction is ground for conviction",
"sentence": "See also United States v. Huntley, 535 F.2d 1400 (5 Cir.1976) (en banc), cert. denied, 430 U.S. 929 (1977) (use of name other than that of ac... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "an otherwise valid security, but with a forged endorsement is not a \"falsely made security\"",
"sentence": "Cf. United States v. Tyson, 690 F.2d 9 (1 Cir.1982) (an otherwise valid security, but with a forged endorsement is not a “falsely made security”).... | 1,859,407 | a |
In part, this concern over proper or genuine identity is borne out in the close attention courts have given to cases of forgery. They consistently have defined those activities which involved misrepresentation of identity as within the scope of SS 2314. For example, the use of a fictitious name as drawer of a check on ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "an otherwise valid security, but with a forged endorsement is not a \"falsely made security\"",
"sentence": "Cf. United States v. Tyson, 690 F.2d 9 (1 Cir.1982) (an otherwise valid security, but with a forged endorsement is not a “falsely made security”).... | {
"signal": "see also",
"identifier": null,
"parenthetical": "use of name other than that of actual person involved in transaction is ground for conviction",
"sentence": "See also United States v. Huntley, 535 F.2d 1400 (5 Cir.1976) (en banc), cert. denied, 430 U.S. 929 (1977) (use of name other than that of ac... | 1,859,407 | b |
We agree with the Langleys, however, that their complaint can be liberally construed to encompass all three of these asserted allegations of negligence. First, the most obvious cause of action stems from Shannon's alleged negligence for failure to diagnose the kitten as rabid at the first office visit. Second, the disp... | {
"signal": "see",
"identifier": null,
"parenthetical": "recognizing that failing to warn the caretaker of the dangerous condition of a potentially rabid animal and give proper confinement instructions can constitute negligence",
"sentence": "See McNew v. Decatur Veterinary Hosp., 85 Ga. App. 54 (68 SE2d 221) (... | {
"signal": "no signal",
"identifier": "246 Ga. App. 436, 438-439",
"parenthetical": "holding that knowing but failing to communicate a correct diagnosis may constitute a separate act of negligence",
"sentence": "Oliver v. Sutton, 246 Ga. App. 436, 438-439 (540 SE2d 645) (2000) (holding that knowing but failing... | 3,740,792 | b |
Matthys's estoppel argument is unpersuasive for a number of reasons. To begin, Matthys has not identified any case, post-Dormeyer, in which the Seventh Circuit has found equitable estoppel to be applicable in an FMLA interference case; and only a few District Courts in the Circuit have applied estoppel as to FMLA eligi... | {
"signal": "see also",
"identifier": "533 F.3d 594, 599-600",
"parenthetical": "Seventh Circuit reversed a lower court decision that had found equitable estoppel to be applicable to negate an FMLA eligibility defense, concluding that it was not necessary for the lower court to apply equitable estoppel wherein a ... | {
"signal": "see",
"identifier": "2001 WL 290382, at *8",
"parenthetical": "noting that, although the Seventh Circuit had previously discussed potential applicability of estoppel to an FMLA claim, the Circuit had never actually applied it to any particular case",
"sentence": "See Niese, 2001 WL 290382 at *8 (no... | 4,257,538 | b |
. In the district court, Defendants argued that there were eight ambiguities in the contract that rendered summary judgment inappropriate. On appeal, Defendants raise (and so we address) only three purported ambiguities. | {
"signal": "see",
"identifier": "380 F.3d 1308, 1310",
"parenthetical": "noting the \"long-standing rule in this circuit\" that issues not raised in initial briefs on appeal are waived",
"sentence": "See United States v. Curtis, 380 F.3d 1308, 1310 (11th Cir.2004) (noting the \"long-standing rule in this circu... | {
"signal": "see also",
"identifier": "463 F.3d 1182, 1195",
"parenthetical": "stating that if a party fails to provide arguments on the merits of an issue and makes only passing reference to the issue in its briefs, the argument is waived",
"sentence": "See United States v. Curtis, 380 F.3d 1308, 1310 (11th Ci... | 3,811,177 | a |
. In the district court, Defendants argued that there were eight ambiguities in the contract that rendered summary judgment inappropriate. On appeal, Defendants raise (and so we address) only three purported ambiguities. | {
"signal": "see",
"identifier": "380 F.3d 1308, 1310",
"parenthetical": "noting the \"long-standing rule in this circuit\" that issues not raised in initial briefs on appeal are waived",
"sentence": "See United States v. Curtis, 380 F.3d 1308, 1310 (11th Cir.2004) (noting the \"long-standing rule in this circu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that if a party fails to provide arguments on the merits of an issue and makes only passing reference to the issue in its briefs, the argument is waived",
"sentence": "See United States v. Curtis, 380 F.3d 1308, 1310 (11th Cir.2004) (noting t... | 3,811,177 | a |
. In the district court, Defendants argued that there were eight ambiguities in the contract that rendered summary judgment inappropriate. On appeal, Defendants raise (and so we address) only three purported ambiguities. | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that if a party fails to provide arguments on the merits of an issue and makes only passing reference to the issue in its briefs, the argument is waived",
"sentence": "See United States v. Curtis, 380 F.3d 1308, 1310 (11th Cir.2004) (noting t... | {
"signal": "see",
"identifier": "380 F.3d 1308, 1310",
"parenthetical": "noting the \"long-standing rule in this circuit\" that issues not raised in initial briefs on appeal are waived",
"sentence": "See United States v. Curtis, 380 F.3d 1308, 1310 (11th Cir.2004) (noting the \"long-standing rule in this circu... | 3,811,177 | b |
Had there been no dissent, it is unlikely scholars would have launched into the esoteric debate over which powers of Congress can be delegated and which cannot. It is the dissent that interjected the idea that the majority's discussion of constitutional problems turns on a "metaphysical distinction" between taxes and f... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"According to the dissent our opinion implies that the Secretary has unlimited authority to deny meritorious claims____ It hardly needs saying that our opinion carries no such implication.\"",
"sentence": "See, e.g., Bowen v. Yuckert, — U.S. -, 107 S.Ct.... | {
"signal": "no signal",
"identifier": "415 U.S. 352, 352",
"parenthetical": "incorporated by reference as dissent to National Cable, 415 U.S. at 344, 94 S.Ct. at 1150",
"sentence": "New England Power, 415 U.S. at 352, 94 S.Ct. at 1155 (Marshall, J., concurring) (incorporated by reference as dissent to National... | 4,333,816 | b |
Had there been no dissent, it is unlikely scholars would have launched into the esoteric debate over which powers of Congress can be delegated and which cannot. It is the dissent that interjected the idea that the majority's discussion of constitutional problems turns on a "metaphysical distinction" between taxes and f... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"According to the dissent our opinion implies that the Secretary has unlimited authority to deny meritorious claims____ It hardly needs saying that our opinion carries no such implication.\"",
"sentence": "See, e.g., Bowen v. Yuckert, — U.S. -, 107 S.Ct.... | {
"signal": "no signal",
"identifier": "415 U.S. 352, 352",
"parenthetical": "incorporated by reference as dissent to National Cable, 415 U.S. at 344, 94 S.Ct. at 1150",
"sentence": "New England Power, 415 U.S. at 352, 94 S.Ct. at 1155 (Marshall, J., concurring) (incorporated by reference as dissent to National... | 4,333,816 | b |
Had there been no dissent, it is unlikely scholars would have launched into the esoteric debate over which powers of Congress can be delegated and which cannot. It is the dissent that interjected the idea that the majority's discussion of constitutional problems turns on a "metaphysical distinction" between taxes and f... | {
"signal": "no signal",
"identifier": "415 U.S. 344, 344",
"parenthetical": "incorporated by reference as dissent to National Cable, 415 U.S. at 344, 94 S.Ct. at 1150",
"sentence": "New England Power, 415 U.S. at 352, 94 S.Ct. at 1155 (Marshall, J., concurring) (incorporated by reference as dissent to National... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"According to the dissent our opinion implies that the Secretary has unlimited authority to deny meritorious claims____ It hardly needs saying that our opinion carries no such implication.\"",
"sentence": "See, e.g., Bowen v. Yuckert, — U.S. -, 107 S.Ct.... | 4,333,816 | a |
Had there been no dissent, it is unlikely scholars would have launched into the esoteric debate over which powers of Congress can be delegated and which cannot. It is the dissent that interjected the idea that the majority's discussion of constitutional problems turns on a "metaphysical distinction" between taxes and f... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"According to the dissent our opinion implies that the Secretary has unlimited authority to deny meritorious claims____ It hardly needs saying that our opinion carries no such implication.\"",
"sentence": "See, e.g., Bowen v. Yuckert, — U.S. -, 107 S.Ct.... | {
"signal": "no signal",
"identifier": "415 U.S. 344, 344",
"parenthetical": "incorporated by reference as dissent to National Cable, 415 U.S. at 344, 94 S.Ct. at 1150",
"sentence": "New England Power, 415 U.S. at 352, 94 S.Ct. at 1155 (Marshall, J., concurring) (incorporated by reference as dissent to National... | 4,333,816 | b |
Had there been no dissent, it is unlikely scholars would have launched into the esoteric debate over which powers of Congress can be delegated and which cannot. It is the dissent that interjected the idea that the majority's discussion of constitutional problems turns on a "metaphysical distinction" between taxes and f... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"According to the dissent our opinion implies that the Secretary has unlimited authority to deny meritorious claims____ It hardly needs saying that our opinion carries no such implication.\"",
"sentence": "See, e.g., Bowen v. Yuckert, — U.S. -, 107 S.Ct.... | {
"signal": "no signal",
"identifier": "94 S.Ct. 1150, 1150",
"parenthetical": "incorporated by reference as dissent to National Cable, 415 U.S. at 344, 94 S.Ct. at 1150",
"sentence": "New England Power, 415 U.S. at 352, 94 S.Ct. at 1155 (Marshall, J., concurring) (incorporated by reference as dissent to Nation... | 4,333,816 | b |
Had there been no dissent, it is unlikely scholars would have launched into the esoteric debate over which powers of Congress can be delegated and which cannot. It is the dissent that interjected the idea that the majority's discussion of constitutional problems turns on a "metaphysical distinction" between taxes and f... | {
"signal": "no signal",
"identifier": "94 S.Ct. 1150, 1150",
"parenthetical": "incorporated by reference as dissent to National Cable, 415 U.S. at 344, 94 S.Ct. at 1150",
"sentence": "New England Power, 415 U.S. at 352, 94 S.Ct. at 1155 (Marshall, J., concurring) (incorporated by reference as dissent to Nation... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"According to the dissent our opinion implies that the Secretary has unlimited authority to deny meritorious claims____ It hardly needs saying that our opinion carries no such implication.\"",
"sentence": "See, e.g., Bowen v. Yuckert, — U.S. -, 107 S.Ct.... | 4,333,816 | a |
Requiring a reasonable basis for higher nonresident rates accords with the overwhelming majority of cases from other jurisdictions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[A]l-though not obligated to serve non-residents in the absence of a contractual relationship, a municipality is prohibited from discriminating unreasonably in rates or manner of service when it elects to serve non-residents.\"",
"sentence": "See Jung v... | {
"signal": "see",
"identifier": null,
"parenthetical": "based on statute requiring PSC to fix reasonable rate for service to nonresidents",
"sentence": "See Jung v. City of Phoenix, 160 Ariz. 38, 770 P.2d 342 (1989); Delony v. Rucker, 227 Ark. 869, 302 S.W.2d 287 (1957) (interpreting statute requiring reasonab... | 11,876,752 | b |
Requiring a reasonable basis for higher nonresident rates accords with the overwhelming majority of cases from other jurisdictions. | {
"signal": "see",
"identifier": null,
"parenthetical": "based on statute requiring PSC to fix reasonable rate for service to nonresidents",
"sentence": "See Jung v. City of Phoenix, 160 Ariz. 38, 770 P.2d 342 (1989); Delony v. Rucker, 227 Ark. 869, 302 S.W.2d 287 (1957) (interpreting statute requiring reasonab... | {
"signal": "cf.",
"identifier": "117 Ill.Dec. 681, 683",
"parenthetical": "\"[A]l-though not obligated to serve non-residents in the absence of a contractual relationship, a municipality is prohibited from discriminating unreasonably in rates or manner of service when it elects to serve non-residents.\"",
"sen... | 11,876,752 | a |
Requiring a reasonable basis for higher nonresident rates accords with the overwhelming majority of cases from other jurisdictions. | {
"signal": "cf.",
"identifier": "520 N.E.2d 1032, 1034",
"parenthetical": "\"[A]l-though not obligated to serve non-residents in the absence of a contractual relationship, a municipality is prohibited from discriminating unreasonably in rates or manner of service when it elects to serve non-residents.\"",
"sen... | {
"signal": "see",
"identifier": null,
"parenthetical": "based on statute requiring PSC to fix reasonable rate for service to nonresidents",
"sentence": "See Jung v. City of Phoenix, 160 Ariz. 38, 770 P.2d 342 (1989); Delony v. Rucker, 227 Ark. 869, 302 S.W.2d 287 (1957) (interpreting statute requiring reasonab... | 11,876,752 | b |
Requiring a reasonable basis for higher nonresident rates accords with the overwhelming majority of cases from other jurisdictions. | {
"signal": "see",
"identifier": null,
"parenthetical": "based on statute requiring PSC to fix reasonable rate for service to nonresidents",
"sentence": "See Jung v. City of Phoenix, 160 Ariz. 38, 770 P.2d 342 (1989); Delony v. Rucker, 227 Ark. 869, 302 S.W.2d 287 (1957) (interpreting statute requiring reasonab... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[A]l-though not obligated to serve non-residents in the absence of a contractual relationship, a municipality is prohibited from discriminating unreasonably in rates or manner of service when it elects to serve non-residents.\"",
"sentence": "See Jung v... | 11,876,752 | a |
Requiring a reasonable basis for higher nonresident rates accords with the overwhelming majority of cases from other jurisdictions. | {
"signal": "cf.",
"identifier": "117 Ill.Dec. 681, 683",
"parenthetical": "\"[A]l-though not obligated to serve non-residents in the absence of a contractual relationship, a municipality is prohibited from discriminating unreasonably in rates or manner of service when it elects to serve non-residents.\"",
"sen... | {
"signal": "see",
"identifier": null,
"parenthetical": "based on statute requiring PSC to fix reasonable rate for service to nonresidents",
"sentence": "See Jung v. City of Phoenix, 160 Ariz. 38, 770 P.2d 342 (1989); Delony v. Rucker, 227 Ark. 869, 302 S.W.2d 287 (1957) (interpreting statute requiring reasonab... | 11,876,752 | b |
Requiring a reasonable basis for higher nonresident rates accords with the overwhelming majority of cases from other jurisdictions. | {
"signal": "cf.",
"identifier": "520 N.E.2d 1032, 1034",
"parenthetical": "\"[A]l-though not obligated to serve non-residents in the absence of a contractual relationship, a municipality is prohibited from discriminating unreasonably in rates or manner of service when it elects to serve non-residents.\"",
"sen... | {
"signal": "see",
"identifier": null,
"parenthetical": "based on statute requiring PSC to fix reasonable rate for service to nonresidents",
"sentence": "See Jung v. City of Phoenix, 160 Ariz. 38, 770 P.2d 342 (1989); Delony v. Rucker, 227 Ark. 869, 302 S.W.2d 287 (1957) (interpreting statute requiring reasonab... | 11,876,752 | b |
* Indeed, the Fourth Circuit has declined to adopt an analysis, as some circuit courts have, which focuses on whether the government must look to the content of the speaker's message. | {
"signal": "see also",
"identifier": "512 U.S. 622, 642-43",
"parenthetical": "\"[T]he mere assertion of a content-neutral purpose [is not] enough to save a law which, on its face, discriminates based on content.\"",
"sentence": "See Clatterbuck, 708 F.3d at 556; see also Turner Broad. Sys., Inc. v. FCC, 512 U... | {
"signal": "see",
"identifier": "706 F.3d 302, 302",
"parenthetical": "\"In our view ... such an approach imputes a censorial purpose to every content distinction, and thereby applies the highest judicial scrutiny to laws that do not always imperil the preeminent First Amendment values that such scrutiny serves ... | 4,293,651 | b |
* Indeed, the Fourth Circuit has declined to adopt an analysis, as some circuit courts have, which focuses on whether the government must look to the content of the speaker's message. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he mere assertion of a content-neutral purpose [is not] enough to save a law which, on its face, discriminates based on content.\"",
"sentence": "See Clatterbuck, 708 F.3d at 556; see also Turner Broad. Sys., Inc. v. FCC, 512 U.S. 622, 642-43, 1... | {
"signal": "see",
"identifier": "706 F.3d 302, 302",
"parenthetical": "\"In our view ... such an approach imputes a censorial purpose to every content distinction, and thereby applies the highest judicial scrutiny to laws that do not always imperil the preeminent First Amendment values that such scrutiny serves ... | 4,293,651 | b |
* Indeed, the Fourth Circuit has declined to adopt an analysis, as some circuit courts have, which focuses on whether the government must look to the content of the speaker's message. | {
"signal": "see",
"identifier": "706 F.3d 302, 302",
"parenthetical": "\"In our view ... such an approach imputes a censorial purpose to every content distinction, and thereby applies the highest judicial scrutiny to laws that do not always imperil the preeminent First Amendment values that such scrutiny serves ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he mere assertion of a content-neutral purpose [is not] enough to save a law which, on its face, discriminates based on content.\"",
"sentence": "See Clatterbuck, 708 F.3d at 556; see also Turner Broad. Sys., Inc. v. FCC, 512 U.S. 622, 642-43, 1... | 4,293,651 | a |
Supporting our conclusion is the fact that the only other circuits to have considered vagueness challenges to SS 2320 have similarly rejected such arguments. | {
"signal": "see also",
"identifier": "45 F.3d 577, 580",
"parenthetical": "determining that the phrase \"at the time of the manufacture or production,\" as used in the authorized-use exception to SS 2320, is not unconstitutionally vague",
"sentence": "See United States v. McEvoy, 820 F.2d 1170, 1172-73 (11th C... | {
"signal": "see",
"identifier": "820 F.2d 1170, 1172-73",
"parenthetical": "holding that SS 2320, as a whole, is not unconstitutionally vague",
"sentence": "See United States v. McEvoy, 820 F.2d 1170, 1172-73 (11th Cir.1987) (holding that § 2320, as a whole, is not unconstitutionally vague); see also United St... | 3,871,091 | b |
Supporting our conclusion is the fact that the only other circuits to have considered vagueness challenges to SS 2320 have similarly rejected such arguments. | {
"signal": "see also",
"identifier": "817 F.2d 41, 44",
"parenthetical": "'We have considered Gantos' argumentf] that SS 2320 is unconstitutional ... and find [it] to be without merit.\"",
"sentence": "See United States v. McEvoy, 820 F.2d 1170, 1172-73 (11th Cir.1987) (holding that § 2320, as a whole, is not ... | {
"signal": "see",
"identifier": "820 F.2d 1170, 1172-73",
"parenthetical": "holding that SS 2320, as a whole, is not unconstitutionally vague",
"sentence": "See United States v. McEvoy, 820 F.2d 1170, 1172-73 (11th Cir.1987) (holding that § 2320, as a whole, is not unconstitutionally vague); see also United St... | 3,871,091 | b |
Here, as in Kincaid, the plaintiff's proof was insufficient in law and fact to overcome the ballistic reports, the witness's statements, and the police testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "beneficiary under policy covering death resulting from accidental bodily injury could not recover under evidence that immediately previous to shooting, insured had suggested playing Russian Roulette and had taken certain steps conforming to that design and ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "Russian Roulette death no less intentional than had gun been fully loaded and cannot be result of accident, but rather it should be presumed that the participant intended that he should be killed or injured should fate stop cartridge in spinning cylind... | 7,522,266 | a |
Here, as in Kincaid, the plaintiff's proof was insufficient in law and fact to overcome the ballistic reports, the witness's statements, and the police testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "beneficiary under policy covering death resulting from accidental bodily injury could not recover under evidence that immediately previous to shooting, insured had suggested playing Russian Roulette and had taken certain steps conforming to that design and ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "Russian Roulette death no less intentional than had gun been fully loaded and cannot be result of accident, but rather it should be presumed that the participant intended that he should be killed or injured should fate stop cartridge in spinning cylind... | 7,522,266 | a |
Here, as in Kincaid, the plaintiff's proof was insufficient in law and fact to overcome the ballistic reports, the witness's statements, and the police testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "Russian Roulette death no less intentional than had gun been fully loaded and cannot be result of accident, but rather it should be presumed that the participant intended that he should be killed or injured should fate stop cartridge in spinning cylind... | {
"signal": "see",
"identifier": null,
"parenthetical": "beneficiary under policy covering death resulting from accidental bodily injury could not recover under evidence that immediately previous to shooting, insured had suggested playing Russian Roulette and had taken certain steps conforming to that design and ... | 7,522,266 | b |
Here, as in Kincaid, the plaintiff's proof was insufficient in law and fact to overcome the ballistic reports, the witness's statements, and the police testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "beneficiary under policy covering death resulting from accidental bodily injury could not recover under evidence that immediately previous to shooting, insured had suggested playing Russian Roulette and had taken certain steps conforming to that design and ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "Russian Roulette death no less intentional than had gun been fully loaded and cannot be result of accident, but rather it should be presumed that the participant intended that he should be killed or injured should fate stop cartridge in spinning cylind... | 7,522,266 | a |
Whether "regarded as" plaintiffs are entitled to reasonable accommodation under the ADA is an issue of first impression for this circuit. Some circuits have considered the issue and concluded that "regarded as" plaintiffs are not entitled to reasonable accommodations under the ADA. | {
"signal": "but see",
"identifier": "87 F.3d 26, 33",
"parenthetical": "allowing \"regarded as\" plaintiff to proceed, concluding that whether plaintiff could have performed his job with reasonable accommodation was an issue for the jury",
"sentence": "But see Katz v. City Metal Co., Inc., 87 F.3d 26, 33 (1st ... | {
"signal": "see",
"identifier": "186 F.3d 907, 916-17",
"parenthetical": "holding that \"regarded as\" disabled plaintiffs are not entitled to reasonable accommodation",
"sentence": "See Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Cir.1999) (holding that “regarded as” disabled plaintiffs are not entitle... | 9,350,605 | b |
Whether "regarded as" plaintiffs are entitled to reasonable accommodation under the ADA is an issue of first impression for this circuit. Some circuits have considered the issue and concluded that "regarded as" plaintiffs are not entitled to reasonable accommodations under the ADA. | {
"signal": "but see",
"identifier": "200 F.Supp.2d 151, 163",
"parenthetical": "recognizing that the Second Circuit Court of Appeals has yet to decide the issue but concluding that employers have a duty to accommodate in \"regarded as\" cases",
"sentence": "But see Katz v. City Metal Co., Inc., 87 F.3d 26, 33 ... | {
"signal": "see",
"identifier": "186 F.3d 907, 916-17",
"parenthetical": "holding that \"regarded as\" disabled plaintiffs are not entitled to reasonable accommodation",
"sentence": "See Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Cir.1999) (holding that “regarded as” disabled plaintiffs are not entitle... | 9,350,605 | b |
Whether "regarded as" plaintiffs are entitled to reasonable accommodation under the ADA is an issue of first impression for this circuit. Some circuits have considered the issue and concluded that "regarded as" plaintiffs are not entitled to reasonable accommodations under the ADA. | {
"signal": "see",
"identifier": null,
"parenthetical": "declining to rule on this issue but noting that the argument that employers are not required to provide reasonable accommodation for perceived disabilities has \"considerable force\"",
"sentence": "See Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Ci... | {
"signal": "but see",
"identifier": "87 F.3d 26, 33",
"parenthetical": "allowing \"regarded as\" plaintiff to proceed, concluding that whether plaintiff could have performed his job with reasonable accommodation was an issue for the jury",
"sentence": "But see Katz v. City Metal Co., Inc., 87 F.3d 26, 33 (1st ... | 9,350,605 | a |
Whether "regarded as" plaintiffs are entitled to reasonable accommodation under the ADA is an issue of first impression for this circuit. Some circuits have considered the issue and concluded that "regarded as" plaintiffs are not entitled to reasonable accommodations under the ADA. | {
"signal": "but see",
"identifier": "200 F.Supp.2d 151, 163",
"parenthetical": "recognizing that the Second Circuit Court of Appeals has yet to decide the issue but concluding that employers have a duty to accommodate in \"regarded as\" cases",
"sentence": "But see Katz v. City Metal Co., Inc., 87 F.3d 26, 33 ... | {
"signal": "see",
"identifier": null,
"parenthetical": "declining to rule on this issue but noting that the argument that employers are not required to provide reasonable accommodation for perceived disabilities has \"considerable force\"",
"sentence": "See Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Ci... | 9,350,605 | b |
If the court finds the contract language is ambiguous, it must weigh extrinsic evidence to determine the parties' intent, and, therefore, the matter is inappropriate to resolve on summary judgment. | {
"signal": "see also",
"identifier": "66 Fed.Cl. 736, 743",
"parenthetical": "When a contract is \"ambiguous, necessitating a review of extrinsic evidence to determine the parties' intent,\" summary judgment is not appropriate \"if material facts are genuinely in dispute.\"",
"sentence": "See Beta Sys., Inc. v... | {
"signal": "see",
"identifier": "838 F.2d 1183, 1183",
"parenthetical": "\"To the extent that the contract terms are ambiguous, requiring weighing of external evidence, the matter is not amenable to summary resolution.\"",
"sentence": "See Beta Sys., Inc. v. United States, 838 F.2d at 1183 (“To the extent that... | 4,008,790 | b |
Local 90 claims that the use of American flags at the construction sites was a "grass roots effort" that was unauthorized by the Union. Plaintiffs contend the use of the American flags was at least ratified by the Union, as Local 90 did not take any steps to correct the illegal actions of its members while the actions ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding the union liable for the unlawful picketing of its members, and deeming it significant that the union made no effort to disavow either the union hall statements of its agents or the picket line incidents",
"sentence": "See BE & K Constr. Co. ... | {
"signal": "see",
"identifier": "23 F.3d 1459, 1466-67",
"parenthetical": "defining ratification as the affir-mance by a person of a prior act that did not bind him but which was done or professedly done on his account, whereby the act, as to some or all persons, is given effect as if originally authorized by hi... | 9,241,760 | b |
The district court properly dismissed the action because Torres had access to court-appointed counsel. | {
"signal": "see",
"identifier": "690 F.2d 1267, 1271-72",
"parenthetical": "the offer of court-appointed counsel satisfies the Fifth Amendment obligation to provide meaningful access to the courts, even where detainee is denied pretrial access to a law library",
"sentence": "See United States v. Wilson, 690 F.... | {
"signal": "see also",
"identifier": "518 U.S. 343, 350-51",
"parenthetical": "prisoners have no per se right to a law library",
"sentence": "See United States v. Wilson, 690 F.2d 1267, 1271-72 (9th Cir.1982) (the offer of court-appointed counsel satisfies the Fifth Amendment obligation to provide meaningful a... | 5,721,099 | a |
The district court properly dismissed the action because Torres had access to court-appointed counsel. | {
"signal": "see",
"identifier": "690 F.2d 1267, 1271-72",
"parenthetical": "the offer of court-appointed counsel satisfies the Fifth Amendment obligation to provide meaningful access to the courts, even where detainee is denied pretrial access to a law library",
"sentence": "See United States v. Wilson, 690 F.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "prisoners have no per se right to a law library",
"sentence": "See United States v. Wilson, 690 F.2d 1267, 1271-72 (9th Cir.1982) (the offer of court-appointed counsel satisfies the Fifth Amendment obligation to provide meaningful access to the court... | 5,721,099 | a |
The district court properly dismissed the action because Torres had access to court-appointed counsel. | {
"signal": "see",
"identifier": "690 F.2d 1267, 1271-72",
"parenthetical": "the offer of court-appointed counsel satisfies the Fifth Amendment obligation to provide meaningful access to the courts, even where detainee is denied pretrial access to a law library",
"sentence": "See United States v. Wilson, 690 F.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "prisoners have no per se right to a law library",
"sentence": "See United States v. Wilson, 690 F.2d 1267, 1271-72 (9th Cir.1982) (the offer of court-appointed counsel satisfies the Fifth Amendment obligation to provide meaningful access to the court... | 5,721,099 | a |
Finding that arbitrability is facially established, the Rule 12(b)(6) standard applies. | {
"signal": "see also",
"identifier": "114 F.3d 1410, 1426",
"parenthetical": "stating that even if a \"[cjomplaint does not explicitly refer to or cite [a document] ... the critical [issue] is whether the claims in the complaint are 'based' on an extrinsic document and not merely whether the extrinsic document w... | {
"signal": "see",
"identifier": "716 F.3d 776, 776",
"parenthetical": "stating, under the Rule 12(b)(6) standard, \"[w]e consider only the complaint, exhibits attached to the complaint, matters of public record, as well as undisputedly authentic documents if the complainant's claims are based upon these document... | 12,269,385 | b |
It can scarcely be argued that the Government builds streets, which are ordinarily traditional public fora, for the primary purpose of fostering First Amendment activities. At least, the Supreme Court does not think it can be. | {
"signal": "see",
"identifier": "308 U.S. 147, 160",
"parenthetical": "\"Municipal authorities, as trustees for the public, have the duty to keep their communities' streets open and available for movement of people and property, the primary purpose to which the streets are dedicated,.\"",
"sentence": "See Schn... | {
"signal": "see also",
"identifier": "392 F.2d 89, 89",
"parenthetical": "acknowledging that Port Authority bus terminal is \"designed for precisely the purpose of transit,\" but nevertheless finding it to be a public forum",
"sentence": "See Schneider v. State, 308 U.S. 147, 160, 60 S.Ct. 146, 150, 84 L.Ed. 1... | 1,789,064 | a |
It can scarcely be argued that the Government builds streets, which are ordinarily traditional public fora, for the primary purpose of fostering First Amendment activities. At least, the Supreme Court does not think it can be. | {
"signal": "see",
"identifier": "60 S.Ct. 146, 150",
"parenthetical": "\"Municipal authorities, as trustees for the public, have the duty to keep their communities' streets open and available for movement of people and property, the primary purpose to which the streets are dedicated,.\"",
"sentence": "See Schn... | {
"signal": "see also",
"identifier": "392 F.2d 89, 89",
"parenthetical": "acknowledging that Port Authority bus terminal is \"designed for precisely the purpose of transit,\" but nevertheless finding it to be a public forum",
"sentence": "See Schneider v. State, 308 U.S. 147, 160, 60 S.Ct. 146, 150, 84 L.Ed. 1... | 1,789,064 | a |
It can scarcely be argued that the Government builds streets, which are ordinarily traditional public fora, for the primary purpose of fostering First Amendment activities. At least, the Supreme Court does not think it can be. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Municipal authorities, as trustees for the public, have the duty to keep their communities' streets open and available for movement of people and property, the primary purpose to which the streets are dedicated,.\"",
"sentence": "See Schneider v. State,... | {
"signal": "see also",
"identifier": "392 F.2d 89, 89",
"parenthetical": "acknowledging that Port Authority bus terminal is \"designed for precisely the purpose of transit,\" but nevertheless finding it to be a public forum",
"sentence": "See Schneider v. State, 308 U.S. 147, 160, 60 S.Ct. 146, 150, 84 L.Ed. 1... | 1,789,064 | a |
Even if we had some hesitation about the correctness of our holding in this case (which we do not), we would be inclined to opt for a liberal approach to the statute of limitations because of the remedial nature of the wrongful death statute. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We have repeatedly recognized that because the wrongful death act alleviates the harshness of the common law, it is to be given a liberal construction to achieve its beneficent purposes.\"",
"sentence": "See, e.g., Bradshaw v. Soulsby, 210 W.Va. 682, 55... | {
"signal": "see also",
"identifier": "694 P.2d 147, 147",
"parenthetical": "observing that \"[it] is profoundly unfair to deprive a litigant of his right to bring a lawsuit before he has had any reasonable opportunity to do so\"",
"sentence": "See, e.g., Bradshaw v. Soulsby, 210 W.Va. 682, 558 S.E.2d 681, 686 ... | 8,951,447 | a |
Even if we had some hesitation about the correctness of our holding in this case (which we do not), we would be inclined to opt for a liberal approach to the statute of limitations because of the remedial nature of the wrongful death statute. | {
"signal": "see",
"identifier": "558 S.E.2d 681, 686",
"parenthetical": "\"We have repeatedly recognized that because the wrongful death act alleviates the harshness of the common law, it is to be given a liberal construction to achieve its beneficent purposes.\"",
"sentence": "See, e.g., Bradshaw v. Soulsby, ... | {
"signal": "see also",
"identifier": "694 P.2d 147, 147",
"parenthetical": "observing that \"[it] is profoundly unfair to deprive a litigant of his right to bring a lawsuit before he has had any reasonable opportunity to do so\"",
"sentence": "See, e.g., Bradshaw v. Soulsby, 210 W.Va. 682, 558 S.E.2d 681, 686 ... | 8,951,447 | a |
From the record, we conclude that the timing of the stop in this context does not raise suspicion. Uribe's vehicle was not, for example, exiting a scene following gunfire via the only available street, nor was Uribe acting suspiciously in an area known for criminal activity. | {
"signal": "see also",
"identifier": "639 F.3d 1250, 1257-58",
"parenthetical": "finding reasonable suspicion based on an early-morning detention in an area known for criminal activity, information from an armed private security officer and a police dispatcher that the defendants were suspected of having a weapo... | {
"signal": "see",
"identifier": "561 F.3d 676, 678",
"parenthetical": "finding the timing of a stop suspicious because it \"reinforced the suspicion [that the vehicle was connected to reported gunfire] since few people are on the road at 2:30 a.m. and ... there was no other traffic\" leaving the apartment comple... | 3,546,251 | b |
From the record, we conclude that the timing of the stop in this context does not raise suspicion. Uribe's vehicle was not, for example, exiting a scene following gunfire via the only available street, nor was Uribe acting suspiciously in an area known for criminal activity. | {
"signal": "see also",
"identifier": "985 F.2d 151, 154",
"parenthetical": "finding reasonable suspicion when officers observed the defendant appearing to engage in a hand-to-hand drug transaction in a known drug area at 1:00 a.m.",
"sentence": "See United States v. Brewer, 561 F.3d 676, 678 (7th Cir.2009) (fi... | {
"signal": "see",
"identifier": "561 F.3d 676, 678",
"parenthetical": "finding the timing of a stop suspicious because it \"reinforced the suspicion [that the vehicle was connected to reported gunfire] since few people are on the road at 2:30 a.m. and ... there was no other traffic\" leaving the apartment comple... | 3,546,251 | b |
Both the federal and Commonwealth cases involve only Commonwealth law, but this factor does not necessarily counsel in favor of dismissal. Although the presence of a federal law issue "must always be a major consideration weighing against surrender [of jurisdiction]," Moses H. See also Arkwright-Boston Mfrs. | {
"signal": "cf.",
"identifier": "733 F.2d 1047, 1051",
"parenthetical": "\"garden variety\" federal diversity case applying well-settled state law principles",
"sentence": "Cf. Giardina v. Fontana, 733 F.2d 1047, 1051 (2d Cir.1984) (“garden variety” federal diversity case applying well-settled state law princi... | {
"signal": "no signal",
"identifier": "762 F.2d 205, 211",
"parenthetical": "case raises \"serious questions of state law, which include whether a party may recover in tort for a purely economic loss, absent physical injury ... and the construction of state and municipal building, safety, and fire codes\"",
"s... | 10,529,925 | b |
. Certain statements contained in Plaintiffs' 56.1 Statement also lack citations to any evidence in violation of Local Rule 56.1(d) and Federal Rule of Civil Procedure 56(c). | {
"signal": "see",
"identifier": "51 F.Supp.3d 414, 417-19",
"parenthetical": "finding statements \"lackfing] citations to admissible evidence\" to violate these rules",
"sentence": "See Baity v. Kralik, 51 F.Supp.3d 414, 417-19 (S.D.N.Y.2014) (finding statements \"lackfing] citations to admissible evidence” to... | {
"signal": "see also",
"identifier": "258 F.3d 62, 73-74",
"parenthetical": "explaining that where there are no citations to admissible evidence, or the cited materials do not support the purported undisputed facts in a party's Rule 56.1 statement, those assertions may be disregarded",
"sentence": "See Baity v... | 4,336,844 | a |
. The United States Court of Appeals for the Ninth Circuit has recognized that "language dif-Acuities may impair the ability of a person in custody to waive [their Miranda rights] in a free and aware manner." | {
"signal": "see also",
"identifier": "790 F.2d 464, 469",
"parenthetical": "holding that accused's waiver of Miranda rights was unknowing and unintelligent where accused spoke broken English, had a deficient understanding of the English language and knew nothing about the American criminal justice system",
"se... | {
"signal": "but see",
"identifier": "6 F.3d 1360, 1365-66",
"parenthetical": "concluding that an accused who received Miranda warnings in Spanish and who then stated that he understood those rights knowingly and intelligently waived them",
"sentence": "But see U.S. v. Bautista-Avila, 6 F.3d 1360, 1365-66 (9th ... | 10,344,888 | a |
The presentence report reflects that the instant offenses are the first for which Brown was charged as an adult. See App. at 64. And although Brown has a lengthy history of juvenile adjudications, the only violent offense appears to be a 2009 battery incident. | {
"signal": "see",
"identifier": null,
"parenthetical": "recognizing that the significance of a criminal history in sentencing \"varies based on the gravity, nature and number of prior offenses as they relate to the current offense\"",
"sentence": "See, e.g., Wooley v. State, 716 N.E.2d 919, 929 n. 4 (Ind.1999)... | {
"signal": "see also",
"identifier": "818 N.E.2d 927, 929",
"parenthetical": "concluding that history of four alcohol-related misdemeanors did not support aggravation of sentence for Class B felony child molesting even though alcohol was involved in the instant offense",
"sentence": "See also Ruiz v. State, 81... | 6,932,095 | a |
The presentence report reflects that the instant offenses are the first for which Brown was charged as an adult. See App. at 64. And although Brown has a lengthy history of juvenile adjudications, the only violent offense appears to be a 2009 battery incident. | {
"signal": "see",
"identifier": null,
"parenthetical": "recognizing that the significance of a criminal history in sentencing \"varies based on the gravity, nature and number of prior offenses as they relate to the current offense\"",
"sentence": "See, e.g., Wooley v. State, 716 N.E.2d 919, 929 n. 4 (Ind.1999)... | {
"signal": "cf.",
"identifier": "762 N.E.2d 92, 97",
"parenthetical": "affirming enhanced sentence for murder where criminal history reflected an escalation of violence",
"sentence": "Cf. Vasquez v. State, 762 N.E.2d 92, 97 (Ind.2001) (affirming enhanced sentence for murder where criminal history reflected an ... | 6,932,095 | a |
The presentence report reflects that the instant offenses are the first for which Brown was charged as an adult. See App. at 64. And although Brown has a lengthy history of juvenile adjudications, the only violent offense appears to be a 2009 battery incident. | {
"signal": "see also",
"identifier": "818 N.E.2d 927, 929",
"parenthetical": "concluding that history of four alcohol-related misdemeanors did not support aggravation of sentence for Class B felony child molesting even though alcohol was involved in the instant offense",
"sentence": "See also Ruiz v. State, 81... | {
"signal": "cf.",
"identifier": "762 N.E.2d 92, 97",
"parenthetical": "affirming enhanced sentence for murder where criminal history reflected an escalation of violence",
"sentence": "Cf. Vasquez v. State, 762 N.E.2d 92, 97 (Ind.2001) (affirming enhanced sentence for murder where criminal history reflected an ... | 6,932,095 | a |
Primarily, landlord relies upon the fact that Articles 12 and 21 of the lease specifically establish tenant's liability for its negligence or that of its agents or employees. Although this is the general undertaking of the lease, the parties established different rules for fire damage. As a matter of contract construct... | {
"signal": "cf.",
"identifier": "120 Vt. 138, 141",
"parenthetical": "\"a special provision will be held to override a general provision. . . where the two cannot stand together\"",
"sentence": "Parkhurst v. Gibson, 573 A.2d 454, 458 (N.H. 1990) (“generally accepted interpretive rule is that a general, prelimi... | {
"signal": "no signal",
"identifier": "573 A.2d 454, 458",
"parenthetical": "\"generally accepted interpretive rule is that a general, preliminary clause should not ordinarily take precedence over specific provisions of a contract\"",
"sentence": "Parkhurst v. Gibson, 573 A.2d 454, 458 (N.H. 1990) (“generally ... | 846,768 | b |
Primarily, landlord relies upon the fact that Articles 12 and 21 of the lease specifically establish tenant's liability for its negligence or that of its agents or employees. Although this is the general undertaking of the lease, the parties established different rules for fire damage. As a matter of contract construct... | {
"signal": "cf.",
"identifier": "134 A.2d 620, 622",
"parenthetical": "\"a special provision will be held to override a general provision. . . where the two cannot stand together\"",
"sentence": "Parkhurst v. Gibson, 573 A.2d 454, 458 (N.H. 1990) (“generally accepted interpretive rule is that a general, prelim... | {
"signal": "no signal",
"identifier": "573 A.2d 454, 458",
"parenthetical": "\"generally accepted interpretive rule is that a general, preliminary clause should not ordinarily take precedence over specific provisions of a contract\"",
"sentence": "Parkhurst v. Gibson, 573 A.2d 454, 458 (N.H. 1990) (“generally ... | 846,768 | b |
. We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. | {
"signal": "but see",
"identifier": "97 F.3d 1345, 1350",
"parenthetical": "finding that counsel's failure to raise methamphetamine-type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that ... | {
"signal": "see",
"identifier": "98 F.3d 1155, 1157-58",
"parenthetical": "holding that petitioner, who did not raise the methamphetamine-type issue at sentencing or on direct appeal, was barred from raising that issue for the first time in SS 2255 motion, and that petitioner did not satisfy either the performan... | 199,832 | b |
. We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that petitioner, who did not raise the methamphetamine-type issue at sentencing or on direct appeal, was barred from raising that issue for the first time in SS 2255 motion, and that petitioner did not satisfy either the performance prong or prejudi... | {
"signal": "but see",
"identifier": "97 F.3d 1345, 1350",
"parenthetical": "finding that counsel's failure to raise methamphetamine-type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that ... | 199,832 | a |
. We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. | {
"signal": "but see",
"identifier": "97 F.3d 1345, 1350",
"parenthetical": "finding that counsel's failure to raise methamphetamine-type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that petitioner, who did not raise the methamphetamine-type issue at sentencing or on direct appeal, was barred from raising that issue for the first time in SS 2255 motion, and that petitioner did not satisfy either the performance prong or prejudi... | 199,832 | b |
. We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. | {
"signal": "see",
"identifier": "97 F.3d 1074, 1077",
"parenthetical": "finding that petitioner \"ha[d] not met his heavy burden of showing a reasonable probability that his sentence would have been different if his counsel had required the government to prove that the offense involved d-methamphetamine''",
"s... | {
"signal": "but see",
"identifier": "97 F.3d 1345, 1350",
"parenthetical": "finding that counsel's failure to raise methamphetamine-type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that ... | 199,832 | a |
. We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. | {
"signal": "see",
"identifier": "97 F.3d 750, 751",
"parenthetical": "holding that defendant failed to establish prejudice from counsel's failure to argue at sentencing that drug involved was L-methamphetamine and not D-methamphetamine",
"sentence": "See United States v. McMullen, 98 F.3d 1155, 1157-58 (9th Ci... | {
"signal": "but see",
"identifier": "97 F.3d 1345, 1350",
"parenthetical": "finding that counsel's failure to raise methamphetamine-type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that ... | 199,832 | a |
. We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that defendant failed to establish prejudice from counsel's failure to argue at sentencing that drug involved was L-methamphetamine and not D-methamphetamine",
"sentence": "See United States v. McMullen, 98 F.3d 1155, 1157-58 (9th Cir.1996) (holdi... | {
"signal": "but see",
"identifier": "97 F.3d 1345, 1350",
"parenthetical": "finding that counsel's failure to raise methamphetamine-type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that ... | 199,832 | a |
. We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. | {
"signal": "but see",
"identifier": "97 F.3d 1345, 1350",
"parenthetical": "finding that counsel's failure to raise methamphetamine-type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that defendant failed to establish prejudice from counsel's failure to argue at sentencing that drug involved was L-methamphetamine and not D-methamphetamine",
"sentence": "See United States v. McMullen, 98 F.3d 1155, 1157-58 (9th Cir.1996) (holdi... | 199,832 | b |
Certain courts have used this dichotomy in stressing that, because Congress failed to address the retroactive impact of the Act's amendments to 28 U.S.C. SSSS 2254 and 2255, no legislative intent can be discerned and the courts should proceed to the second stage of Landgraf analysis wherein retroactivity is predicated ... | {
"signal": "but see",
"identifier": "114 F.3d 1484, 1494-97",
"parenthetical": "holding that the first stage of Landgraf analysis is conclusive, and that only the Act's habeas amendments for death penalty cases may be applied retrospectively",
"sentence": "Reyes v. Keane, 90 F.3d 676, 679 (2d Cir.1996); see al... | {
"signal": "see also",
"identifier": "101 F.3d 1565, 1570",
"parenthetical": "\"The fairest inference from the variety of applicability provisions throughout the [Act] is that Congress was quite capable of and willing to express its intent about prospective or retrospective application when it had such an intent... | 914,361 | b |
Lastly, this Court is not persuaded by Plaintiffs assertion that this testimony must be excluded under Rule 403 because a jury might improperly assume that Skinner is an expert and that her conclusion that the questioned writing belongs to Plaintiff is correct. (R. 26, Pl.'s Reply Br. at 6.) A proper limiting instructi... | {
"signal": "cf.",
"identifier": "15 F.3d 635, 641",
"parenthetical": "a jury is presumed to have followed the district court's instructions",
"sentence": "Cf. United States v. Kreiser, 15 F.3d 635, 641 (7th Cir.1994) (a jury is presumed to have followed the district court’s instructions)."
} | {
"signal": "see",
"identifier": "28 F.3d 604, 608",
"parenthetical": "finding that the district court's limiting instruction dispelled any potential prejudice against the plaintiff",
"sentence": "See Berry v. Deloney, 28 F.3d 604, 608 (7th Cir.1994) (finding that the district court’s limiting instruction dispe... | 11,189,086 | b |
See also H.R.Rep. No. 102-367 at 4 (same). Consequently, the ATS "should remain intact." | {
"signal": "see also",
"identifier": "480 U.S. 522, 524",
"parenthetical": "\"It is well settled ... that repeals by implication are not favored.\"",
"sentence": "See also Rodriguez v. United States, 480 U.S. 522, 524, 107 S.Ct. 1391, 94 L.Ed.2d 533 (1987) (\"It is well settled ... that repeals by implication ... | {
"signal": "see",
"identifier": "348 F.Supp.2d 1145, 1145",
"parenthetical": "finding that the plaintiff could bring a claim for extrajudicial killing under both the TVPA and ATCA because \"the enactment of the TVPA did not diminish the scope of the ATCA in any way\"",
"sentence": "See Saravia, 348 F.Supp.2d a... | 8,939,734 | b |
See also H.R.Rep. No. 102-367 at 4 (same). Consequently, the ATS "should remain intact." | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"It is well settled ... that repeals by implication are not favored.\"",
"sentence": "See also Rodriguez v. United States, 480 U.S. 522, 524, 107 S.Ct. 1391, 94 L.Ed.2d 533 (1987) (\"It is well settled ... that repeals by implication are not favored... | {
"signal": "see",
"identifier": "348 F.Supp.2d 1145, 1145",
"parenthetical": "finding that the plaintiff could bring a claim for extrajudicial killing under both the TVPA and ATCA because \"the enactment of the TVPA did not diminish the scope of the ATCA in any way\"",
"sentence": "See Saravia, 348 F.Supp.2d a... | 8,939,734 | b |
See also H.R.Rep. No. 102-367 at 4 (same). Consequently, the ATS "should remain intact." | {
"signal": "see",
"identifier": "348 F.Supp.2d 1145, 1145",
"parenthetical": "finding that the plaintiff could bring a claim for extrajudicial killing under both the TVPA and ATCA because \"the enactment of the TVPA did not diminish the scope of the ATCA in any way\"",
"sentence": "See Saravia, 348 F.Supp.2d a... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"It is well settled ... that repeals by implication are not favored.\"",
"sentence": "See also Rodriguez v. United States, 480 U.S. 522, 524, 107 S.Ct. 1391, 94 L.Ed.2d 533 (1987) (\"It is well settled ... that repeals by implication are not favored... | 8,939,734 | a |
See also H.R.Rep. No. 102-367 at 4 (same). Consequently, the ATS "should remain intact." | {
"signal": "see",
"identifier": "2002 WL 319887, at *4",
"parenthetical": "finding that \"the TVPA did not preempt torture and summary execution claims under the ATCA\"",
"sentence": "See Saravia, 348 F.Supp.2d at 1145 (finding that the plaintiff could bring a claim for extrajudicial killing under both the TVP... | {
"signal": "see also",
"identifier": "480 U.S. 522, 524",
"parenthetical": "\"It is well settled ... that repeals by implication are not favored.\"",
"sentence": "See also Rodriguez v. United States, 480 U.S. 522, 524, 107 S.Ct. 1391, 94 L.Ed.2d 533 (1987) (\"It is well settled ... that repeals by implication ... | 8,939,734 | a |
See also H.R.Rep. No. 102-367 at 4 (same). Consequently, the ATS "should remain intact." | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"It is well settled ... that repeals by implication are not favored.\"",
"sentence": "See also Rodriguez v. United States, 480 U.S. 522, 524, 107 S.Ct. 1391, 94 L.Ed.2d 533 (1987) (\"It is well settled ... that repeals by implication are not favored... | {
"signal": "see",
"identifier": "2002 WL 319887, at *4",
"parenthetical": "finding that \"the TVPA did not preempt torture and summary execution claims under the ATCA\"",
"sentence": "See Saravia, 348 F.Supp.2d at 1145 (finding that the plaintiff could bring a claim for extrajudicial killing under both the TVP... | 8,939,734 | b |
See also H.R.Rep. No. 102-367 at 4 (same). Consequently, the ATS "should remain intact." | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"It is well settled ... that repeals by implication are not favored.\"",
"sentence": "See also Rodriguez v. United States, 480 U.S. 522, 524, 107 S.Ct. 1391, 94 L.Ed.2d 533 (1987) (\"It is well settled ... that repeals by implication are not favored... | {
"signal": "see",
"identifier": "2002 WL 319887, at *4",
"parenthetical": "finding that \"the TVPA did not preempt torture and summary execution claims under the ATCA\"",
"sentence": "See Saravia, 348 F.Supp.2d at 1145 (finding that the plaintiff could bring a claim for extrajudicial killing under both the TVP... | 8,939,734 | b |
Moreover, Berry's use of the scale was a blatant attempt to quantify reasonable doubt, a practice which has met with strong disapproval in federal courts. | {
"signal": "no signal",
"identifier": "476 F.2d 1211, 1213-15",
"parenthetical": "disapproving of any reference to balancing test in reasonable doubt instruction",
"sentence": "United States v. Anglada, 524 F.2d 296, 300 (2d Cir.1975) (while not reversible error, “characterization of the standard as quantitati... | {
"signal": "cf.",
"identifier": "202 F.2d 592, 594",
"parenthetical": "jury instruction encouraging jury to \"balance\" the evidence and acquit if the evidence was \"as equally consistent with innocence\" as with guilt, improperly suggested a preponderance of the evidence standard",
"sentence": "Cf. United Sta... | 10,539,848 | a |
Moreover, the notice of claim requirement under New York County Law SS 52(1) does not apply to claims brought against the defendants as there is a clear distinction between claims brought against municipal defendants and claims brought against county defendants. | {
"signal": "see",
"identifier": "182 F.Supp.2d 278, 290-291",
"parenthetical": "\"employment discrimination claims [brought] against municipal as opposed to county defendants are exempt from the notice of claim requirement\"",
"sentence": "See Keating v. Gaffney, 182 F.Supp.2d 278, 290-291 (E.D.N.Y.2001) (“emp... | {
"signal": "see also",
"identifier": "2000 WL 914629, at * 7",
"parenthetical": "describing distinction between claims brought against municipal defendants and claims against county defendants",
"sentence": "See Keating v. Gaffney, 182 F.Supp.2d 278, 290-291 (E.D.N.Y.2001) (“employment discrimination claims [b... | 9,060,253 | a |
The Commonwealth now argues that we must reverse the District Court because in 2003 Lincoln waived the issue he intends to raise in his reinstated appeal. The Commonwealth's shifting positions cause us to consider whether to impose an equitable bar (called judicial estoppel) on its new argument. | {
"signal": "cf.",
"identifier": "132 S.Ct. 1826, 1834-36",
"parenthetical": "court of appeals abused its discretion by ignoring state's waiver of statute of limitations defense under Anti-terrorism and Effective Death Penalty Act of 1996",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applyi... | {
"signal": "see",
"identifier": "488 F.3d 187, 194",
"parenthetical": "applying forfeiture rule in habeas case due in part to the Commonwealth's manner of handling the matter",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applying forfeiture rule in habeas case due in part to the Commonweal... | 5,749,520 | b |
The Commonwealth now argues that we must reverse the District Court because in 2003 Lincoln waived the issue he intends to raise in his reinstated appeal. The Commonwealth's shifting positions cause us to consider whether to impose an equitable bar (called judicial estoppel) on its new argument. | {
"signal": "see",
"identifier": "488 F.3d 187, 194",
"parenthetical": "applying forfeiture rule in habeas case due in part to the Commonwealth's manner of handling the matter",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applying forfeiture rule in habeas case due in part to the Commonweal... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "court of appeals abused its discretion by ignoring state's waiver of statute of limitations defense under Anti-terrorism and Effective Death Penalty Act of 1996",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applying forfeiture rule in... | 5,749,520 | a |
The Commonwealth now argues that we must reverse the District Court because in 2003 Lincoln waived the issue he intends to raise in his reinstated appeal. The Commonwealth's shifting positions cause us to consider whether to impose an equitable bar (called judicial estoppel) on its new argument. | {
"signal": "see",
"identifier": "520 F.3d 997, 1002",
"parenthetical": "judicially es-topping Oregon from taking inconsistent positions in state and federal courts with respect to habeas petitioner's procedural default",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applying forfeiture rule ... | {
"signal": "cf.",
"identifier": "132 S.Ct. 1826, 1834-36",
"parenthetical": "court of appeals abused its discretion by ignoring state's waiver of statute of limitations defense under Anti-terrorism and Effective Death Penalty Act of 1996",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applyi... | 5,749,520 | a |
The Commonwealth now argues that we must reverse the District Court because in 2003 Lincoln waived the issue he intends to raise in his reinstated appeal. The Commonwealth's shifting positions cause us to consider whether to impose an equitable bar (called judicial estoppel) on its new argument. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "court of appeals abused its discretion by ignoring state's waiver of statute of limitations defense under Anti-terrorism and Effective Death Penalty Act of 1996",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applying forfeiture rule in... | {
"signal": "see",
"identifier": "520 F.3d 997, 1002",
"parenthetical": "judicially es-topping Oregon from taking inconsistent positions in state and federal courts with respect to habeas petitioner's procedural default",
"sentence": "See Nara v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (applying forfeiture rule ... | 5,749,520 | b |
We find that these arguments lack merit. The Supreme Court has held that officers may "detain an occupant of the place to be searched" and may use "reasonable force to effectuate the detention." | {
"signal": "cf.",
"identifier": "352 F.3d 994, 1007",
"parenthetical": "holding that detaining club patrons in handcuffs for three hours after subjecting them to strip searches and warrant checks was unlawful",
"sentence": "Cf. Williams v. Kaufman County, 352 F.3d 994, 1007 (5th Cir.2003) (holding that detaini... | {
"signal": "no signal",
"identifier": "544 U.S. 93, 98-99",
"parenthetical": "holding that a two-hour detention in handcuffs of a person present at an address being searched for weapons related to gang activity was reasonable",
"sentence": "Muehler v. Mena, 544 U.S. 93, 98-99, 125 S.Ct. 1465, 161 L.Ed.2d 299 (... | 5,680,671 | b |
We find that these arguments lack merit. The Supreme Court has held that officers may "detain an occupant of the place to be searched" and may use "reasonable force to effectuate the detention." | {
"signal": "cf.",
"identifier": "352 F.3d 994, 1007",
"parenthetical": "holding that detaining club patrons in handcuffs for three hours after subjecting them to strip searches and warrant checks was unlawful",
"sentence": "Cf. Williams v. Kaufman County, 352 F.3d 994, 1007 (5th Cir.2003) (holding that detaini... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that a two-hour detention in handcuffs of a person present at an address being searched for weapons related to gang activity was reasonable",
"sentence": "Muehler v. Mena, 544 U.S. 93, 98-99, 125 S.Ct. 1465, 161 L.Ed.2d 299 (2005) (holding t... | 5,680,671 | b |
We find that these arguments lack merit. The Supreme Court has held that officers may "detain an occupant of the place to be searched" and may use "reasonable force to effectuate the detention." | {
"signal": "cf.",
"identifier": "352 F.3d 994, 1007",
"parenthetical": "holding that detaining club patrons in handcuffs for three hours after subjecting them to strip searches and warrant checks was unlawful",
"sentence": "Cf. Williams v. Kaufman County, 352 F.3d 994, 1007 (5th Cir.2003) (holding that detaini... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that a two-hour detention in handcuffs of a person present at an address being searched for weapons related to gang activity was reasonable",
"sentence": "Muehler v. Mena, 544 U.S. 93, 98-99, 125 S.Ct. 1465, 161 L.Ed.2d 299 (2005) (holding t... | 5,680,671 | b |
Even though Mahabir included the Superior Court's order denying her motion for reconsideration in the notice of appeal, because she fails to make any arguments concerning this motion in her appellate brief, and we ultimately resolve this appeal based on a de novo review of the underlying order that was the subject of t... | {
"signal": "see also",
"identifier": "503 F.3d 544, 548",
"parenthetical": "\"We do not address the order denying [the] motion for reconsideration, as our decision as to the first order renders that issue moot.\"",
"sentence": "In re L.O.F., 62 V.I. 655, 659 n.5 (V.I. 2015); Judi’s of St. Croix Car Rental v. W... | {
"signal": "no signal",
"identifier": "49 V.I. 396, 407-08",
"parenthetical": "declining to address arguments regarding the denial of a motion to reconsider after reversing the underlying order",
"sentence": "In re L.O.F., 62 V.I. 655, 659 n.5 (V.I. 2015); Judi’s of St. Croix Car Rental v. Weston, 49 V.I. 396,... | 5,749,160 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "cf.",
"identifier": "241 Cal.App.2d 361, 365",
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2... | {
"signal": "no signal",
"identifier": "379 U.S. 536, 551-552",
"parenthetical": "\"breach of peace\" offense defined as \"to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.... | 1,183,296 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "no signal",
"identifier": "379 U.S. 536, 551-552",
"parenthetical": "\"breach of peace\" offense defined as \"to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. ... | 1,183,296 | a |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "cf.",
"identifier": "241 Cal.App.2d 361, 365",
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2... | {
"signal": "no signal",
"identifier": "13 L.Ed.2d 471, 482-483",
"parenthetical": "\"breach of peace\" offense defined as \"to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 ... | 1,183,296 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "no signal",
"identifier": "13 L.Ed.2d 471, 482-483",
"parenthetical": "\"breach of peace\" offense defined as \"to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. ... | 1,183,296 | a |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"breach of peace\" offense defined as \"to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common l... | {
"signal": "cf.",
"identifier": "241 Cal.App.2d 361, 365",
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2... | 1,183,296 | a |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"breach of peace\" offense defined as \"to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common l... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. ... | 1,183,296 | a |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "no signal",
"identifier": "372 U.S. 229, 234-236",
"parenthetical": "\"breach of peace\" defined as \"a violation of public order, a disturbance of the public tranquility . . .\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common law crime... | {
"signal": "cf.",
"identifier": "241 Cal.App.2d 361, 365",
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2... | 1,183,296 | a |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. ... | {
"signal": "no signal",
"identifier": "372 U.S. 229, 234-236",
"parenthetical": "\"breach of peace\" defined as \"a violation of public order, a disturbance of the public tranquility . . .\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common law crime... | 1,183,296 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "no signal",
"identifier": "9 L.Ed.2d 697, 701-702",
"parenthetical": "\"breach of peace\" defined as \"a violation of public order, a disturbance of the public tranquility . . .\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common law crim... | {
"signal": "cf.",
"identifier": "241 Cal.App.2d 361, 365",
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2... | 1,183,296 | a |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. ... | {
"signal": "no signal",
"identifier": "9 L.Ed.2d 697, 701-702",
"parenthetical": "\"breach of peace\" defined as \"a violation of public order, a disturbance of the public tranquility . . .\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common law crim... | 1,183,296 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "cf.",
"identifier": "241 Cal.App.2d 361, 365",
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"breach of peace\" defined as \"a violation of public order, a disturbance of the public tranquility . . .\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common law crime of criminal libel,... | 1,183,296 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"breach of peace\" defined as \"a violation of public order, a disturbance of the public tranquility . . .\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. 1407] (common law crime of criminal libel,... | 1,183,296 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "cf.",
"identifier": "241 Cal.App.2d 361, 365",
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2... | {
"signal": "no signal",
"identifier": "280 F.Supp. 968, 969",
"parenthetical": "\"disorderly conduct\" ordinance proscribing, inter alia, \"mak[ing], aid[ing], countenancing], or assisting] in making any . . . disturbance\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471,... | 1,183,296 | b |
Numerous criminal provisions, interpreted to authorize the imposition of penalties on individuals who create "disturbances" or engage in similar activity, have been overturned by the courts as unconstitutionally vague. | {
"signal": "no signal",
"identifier": "280 F.Supp. 968, 969",
"parenthetical": "\"disorderly conduct\" ordinance proscribing, inter alia, \"mak[ing], aid[ing], countenancing], or assisting] in making any . . . disturbance\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471,... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"disturbance of the peace\" violation encompassing \"any act . . . which by causing consternation and alarm, disturbs the peace and quiet of the community\"",
"sentence": "(E.g., Ashton v. Kentucky (1966) 384 U.S. 195, 198 [16 L.Ed.2d 469, 471, 86 S.Ct. ... | 1,183,296 | a |
Moreover, the Congress chose to allow the Secretary to regulate transportation hazards in underground coal mines on a mine-by-mine basis; it did not require that such regulation be subject to formal preenforcement review or notice-and-comment. Compare 30 U.S.C. SS 811(a), (d) (providing for notice-and-comment rule-maki... | {
"signal": "see also",
"identifier": "536 F.2d 406, 406-07",
"parenthetical": "operator may obtain review of proposed ventilation plan in citation proceeding after failing to adopt proposed plan",
"sentence": "Carbon Cnty. Coal Co., 7 FMSHRC 1367, 1371 (1985) (review of operator’s challenge to ventilation plan... | {
"signal": "no signal",
"identifier": "7 FMSHRC 1367, 1371",
"parenthetical": "review of operator's challenge to ventilation plan \"may be obtained by the operator's refusal to adopt the disputed provision, thus triggering litigation before the Commission\" pursuant to section 109, 30 U.S.C. SS 820",
"sentence... | 3,839,951 | b |
At common law, where the charge was not for a completed offense, but for an attempt to commit it, only intention would suffice and mere recklessness was not enough. See Robinson, Element Analysis, 35 Stan.L.Rev. at 749-50. The relevant case law from other jurisdictions makes it clear that recklessness and negligence ar... | {
"signal": "but see",
"identifier": null,
"parenthetical": "\"there is no logical or legal inconsistency involved in the recognition of attempted reckless manslaughter as a crime\"",
"sentence": "But see People v. Thomas, 729 P.2d 972 (Colo.1986) (en banc) (“there is no logical or legal inconsistency involved ... | {
"signal": "see",
"identifier": null,
"parenthetical": "no such offense as attempted manslaughter because recklessness required for manslaughter",
"sentence": "See, e.g., Stennet v. State, 564 So.2d 95 (Ala.Crim.App.1990) (no such offense as attempted manslaughter because recklessness required for manslaughter... | 10,023,196 | b |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.