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“[O]ne important ingredient of an EIS is the discussion of steps that can be taken to mitigate adverse environmental consequences.”

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social worker may testify to the existence of a mental disorder

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reaffirming Johnson and stating that, when a defendant receives a term of supervised release for his initial offense, “whether that release is later revoked or sustained, it constitutes a part of the final sentence for his crime”

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"[First Amendment] [a]ssociational activities need not be tolerated where they infringe reasonable campus rules, interrupt classes, or substantially interfere with the opportunity of other students to obtain an education."

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stating "the opinion as to the construction of a regulatory statute of the expert administrative agency charged with the enforcement of that statute i s entitled to great weight"

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courtlistener_HTML_Query_45

“[The plaintiff] may have ERISA standing even if he is ultimately not entitled to receive benefits under the plan.”

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holding that Vermont conviction for third-degree arson, defined as the willful and malicious burning of personal property, qualified as “arson” under 924(e)

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courtlistener_HTML_Query_47

holding that an officer who was engaged in arresting a suspect, and who did not observe his fellow officer's use of excessive force on a second suspect, did not have a duty to intervene

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courtlistener_HTML_Query_48

“The Fourth Amendment contains no provision expressly precluding the use of evidence obtained in violation of its commands.”

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courtlistener_HTML_Query_49

clarifying “that this ‘heavy burden’ is . . . the burden to establish waiver by a preponderance of the evidence” (citing Colorado v. Connelly, 479 U.S. 157, 168 (1986)

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applying independent source doctrine where warrant was still supported by probable cause even after excising illegally-obtained information

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courtlistener_HTML_Query_51

“[W]e therefore join our sister circuits and hold that compensatory education awards fit comfortably within the ‘broad discretion’ of courts fashioning and enforcing IDEA remedies.”

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courtlistener_HTML_Query_52

holding that a plaintiff who has suffered no damages cannot recover on a 5 conversion claim

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courtlistener_HTML_Query_53

explaining that “the State’s interest in assuring the privacy of ” party affiliation is not “a ‘compelling’ one” because that “spe- cific privacy interest . . . is not [like] the confidentiality of medical records or personal finances”

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“[w]hether the guarantor is entitled to a full discharge or only pro tanto, it is released from its liability to the extent of the injury caused by the willful or negligent acts of [the creditor]”

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defendant who had been identified as a suspect, voluntarily accompanied police to station house, interviewed less than thirty minutes, and permitted to return to his home was not in custody

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holding that Eleventh Amendment sovereign immunity is an immunity from suit, the denial of which is appealable as a collateral order

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courtlistener_HTML_Query_57

where plaintiff knew about unavailability of expert witness for approximately five months prior to trial date and was, as a result, unable to proceed on day of trial, dismissal warranted

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courtlistener_HTML_Query_58

"It is a familiar rule of construction of contracts, and especially insurance contracts, that they are construed most strongly against the party drafting the contract, and most favorably to the policyholder."

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courtlistener_HTML_Query_59

holding that a unilateral expectation does not constitute a constitutionally protected entitlement

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courtlistener_HTML_Query_60

affirming the "competing demands" posed by "the defendant's right to discovery . . . and the statutory prohibition against the release of particular information because of the public policy expressed in the statutes to keep [those] items confidential"

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courtlistener_HTML_Query_61

“The burden is on the nonmoving party . . . to show what material facts would be discovered that would preclude summary judgment.”

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courtlistener_HTML_Query_62

finding that the likelihood of harm was not entirely unforeseeable and so the moving party was not entitled to summary judgment

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courtlistener_HTML_Query_63

“[O]ur holding that Captain Norwood did not use excessive force is fatal to Hicks’s claims that the remaining defendants unconstitutionally failed to intervene.”

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courtlistener_HTML_Query_64

“Unlike the 30-day placement in Sandin, placement [in Supermax] is indefinite . . . .”

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courtlistener_HTML_Query_65

Due Process Clause prohibits impeachment of defendant’s exculpatory story by using defendant’s 24 post-arrest, post-Miranda silence

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courtlistener_HTML_Query_66

determining Arizona Rule of Evidence 611(a) “could be construed” to allow telephonic testimony in a civil mental health proceeding

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courtlistener_HTML_Query_67

finding consent may be obtained “either from the person whose property is searched, or from someone, such as a spouse, with actual or apparent authority over the premises”

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courtlistener_HTML_Query_68

holding that a California law prohibiting an employer from knowingly employing an illegal alien was not unconstitutional as a regulation of immigration or as being preempted under the Supremacy Clause

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courtlistener_HTML_Query_69

requiring a full and fair opportunity to litigate a claim as a prerequisite to application of preclusion doctrines

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courtlistener_HTML_Query_70

explaining that an employee is a supervisor for purposes of a hostile-work-environment claim “if he or she is ‘empowered by the employer to take tangible employment actions’” against the victim (quoting Vance v. Ball State Univ., 570 U.S. 421, 424 (2013))

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courtlistener_HTML_Query_71

holding that "a district court may not grant an aberrant behavior departure if the offense of conviction was a serious drug trafficking offense."

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same, rejecting district court’s legal conclusion that circuit precedent had been abrogated by Begay v. United States, 553 U.S. 137 (2008)

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courtlistener_HTML_Query_73

clear error standard of review

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courtlistener_HTML_Query_74

binding opinion of Roberts, C.J.

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courtlistener_HTML_Query_75

recognizing that "Congress used the verb 'order' elsewhere in Section 3583(d), implying that its choice of the verb 'provide' was intentional here"

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courtlistener_HTML_Query_76

upholding election scheme as not severely burdensome when it required unaffiliated candidates to file a petition with signatures of at least 3% of qualified voters by its primary election date

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courtlistener_HTML_Query_77

“[T]he precedential value of the reasoning in a plurality opinion is questionable.”

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courtlistener_HTML_Query_78

"It is not enough . . . to disbelieve the employer; the factfinder must believe the plaintiff's explanation of intentional discrimination." (emphasis in original)

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courtlistener_HTML_Query_79

affirming application of aggravating-role adjustment where district court found that unnamed “lower-level drug dealers” were participants

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“The sound application of a principle that makes one master in his own house precludes him from imposing his control in the house of another who is master there.”

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courtlistener_HTML_Query_81

not published in the Federal Supplement

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courtlistener_HTML_Query_82

proposed order confirming certification of class action for settlement purposes

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courtlistener_HTML_Query_83

“Sentencing is vested in the discretion of the trial court and will not be disturbed absent a manifest abuse of that discretion.”

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finding it necessary to review full administrative record before Sec- retary of agency at time of decision

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concluding that natural-person taxpayer’s invocation of the Fifth Amendment privilege barred prosecution under federal wagering tax statutes requiring taxpayers, inter alia, to register with the 35 IRS their compliance with said statutes

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courtlistener_HTML_Query_86

articulating non-exclusive list of factors to consider when determining substantial influence

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holding that high-caliber firearms located within easy reach in a room containing drugs were possessed “in furtherance of” a drug offense

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courtlistener_HTML_Query_88

explaining that because the defendant “was specifically charged with [possession with intent to distribute cocaine], the trial judge was [required] to find that [he] possessed cocaine in order to convict”

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courtlistener_HTML_Query_89

“[W]e consider the totality of the evidence as a whole and in the appropriate context.”

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courtlistener_HTML_Query_90

recognizing that AEDPA’s pre-filing authorization requirement “further restricts the availability of relief to habeas petitioners”

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courtlistener_HTML_Query_91

“To establish a well-founded fear of persecution, petitioners must show their fear to be both objectively reasonable and subjectively genu- ine.”

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courtlistener_HTML_Query_92

“The overwhelming weight of authority requires a buyer like Economy to prove that its seller specifically warranted the product for a defined period of time in the future.”

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courtlistener_HTML_Query_93

no enforceable contract for the sale of apartment hotel building where parties had not yet resolved such matters as possession, inventory, interim management, and disposition of interim profits

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courtlistener_HTML_Query_94

“[W]e will not root through the hundreds of documents and thousands of pages that make up the record here to make [the plaintiff’s] case for him.”

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courtlistener_HTML_Query_95

holding that a complaint failed to state a claim when no cognizable property interest was pled after the Army Corps ofEngineers denied plaintiff s proposal for a mitigation bank on its property

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concluding unmetered, four-passenger “Red Top” sedans operating under contract with air carriers to transport passengers to and from the airport not taxicabs

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holding that the term "attorneys fees" includes "fees for par- alegal services"

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courtlistener_HTML_Query_98

stating that “‘the essence’ of the claimed right [must be] a right not to stand trial”

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courtlistener_HTML_Query_99

“[S]uccessful challenges to the proportionality of particular sentences should be exceedingly rare.” (internal quotation marks omitted)

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courtlistener_HTML_Query_100

“Under these circumstances it is of no significance that the pier could be separately repaired or even replaced. (So could a single wall of a building.)”

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courtlistener_HTML_Query_101

concluding that the defendant forfeited its argument against the introduc- tion of summaries of expense records by failing to move to compel discovery of the records

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courtlistener_HTML_Query_102

taxpayer's uncontradicted testimony need not be accepted

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courtlistener_HTML_Query_103

holding that the absence of a separate document rendered an order nonfinal, even though the order granting summary judgment was fifteen pages long and contained detailed legal reasoning

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courtlistener_HTML_Query_104

explaining that petitioner cannot disguise legal argument as factual one

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a city cannot be held vicariously liable for constitutional wrongs committed by its employees

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stating that an attack on the constitutionality of the statute under which defendant was convicted and sentenced is properly pursued by motion under 28 U.S.C. § 2255

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courtlistener_HTML_Query_107

describing the factually-specific evidence required to state a valid disparate impact claim

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courtlistener_HTML_Query_108

concluding that a weapons frisk was permissible "[b]ecause [the officer] reasonably suspected that Johnson might be involved in drug dealing, kidnapping, or prostitution"

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courtlistener_HTML_Query_109

explaining that an order denying motion for reconsideration is not reviewable on appeal

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courtlistener_HTML_Query_110

applying the standard from Wilson

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courtlistener_HTML_Query_111

"Whatever the exact contours of the aided in the agency relation standard, its requirements will always be met when a supervisor takes a tangible employment action against a subordinate."

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courtlistener_HTML_Query_112

“Failure to provide the necessary clarity for judicial review requires that the action be vacated.”

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courtlistener_HTML_Query_113

“The decision to hold an evidentiary hearing is committed to the discretion of the district court and our review is for abuse of that discretion.”

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courtlistener_HTML_Query_114

strand of wire along survey line

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courtlistener_HTML_Query_115

“Seeger does not raise this issue in his initial brief, and he was not permitted to raise the issue for the first time in his reply brief. See, e.g., Catron v. Citizens Union Bank, 229 S.W.3d 54, 59 (Ky. App. 2006

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courtlistener_HTML_Query_116

‘‘[w]ithout a dedication there can, of course, be no acceptance’’

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courtlistener_HTML_Query_117

holding that the “appropriateness of brevity or length” of a judge’s statement of reasons “depends upon circumstances”

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courtlistener_HTML_Query_118

petitioner failed to raise a claim at trial or direct appeal, which effectively prevented petitioner from raising the claim in collateral proceedings, resulting in the claim being deemed exhausted

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courtlistener_HTML_Query_119

rejecting argument that verbatim copying of religious text was reasonable simply because use was religious in nature

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addressing the importance of courtroom dignity and decorum in the context of handling a disruptive defendant

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courtlistener_HTML_Query_121

“The [district] court reasonably concluded that [the defendant] was ‘potentially a very dangerous person . . . .’”

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courtlistener_HTML_Query_122

affirming 137.5% capacity as a remedial target in case alleging unconstitutional overcrowding

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the legislature's records are "properly the subject of judicial notice"

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a later- enacted statute can operate to amend or repeal an earlier provision

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describing Gillespie as permitting jurisdiction over "unsettled issue of national significance" when jurisdictional problem only identified late in the litigation; holds that "[i]f Gillespie were extended beyond the unique facts of that case, § 1291 would be stripped of all significance."

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holding that a trial court's finding of ineffective assistance of counsel in a Rule 32 proceeding does not "necessarily equate" to a finding of "a violation of our ethical rules"

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“We have held that the public disclosure of a ‘transaction[]’ within [31 U.S.C. § 3730(e)(4)(A)] requires the disclosure of . . . the misrepresented state of facts and the true state of facts so that the inference of fraud may be drawn.” (citing Dunleavy, 123 F.3d at 740-41)

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courtlistener_HTML_Query_128

"[I]nsofar as self-interest is found to have motivated [plaintiffs'] speech, [their] expression is entitled to less weight in the Pickering balancing than speech on matters of public concern intended to serve the public interest."

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courtlistener_HTML_Query_129

an accused may be found competent to waive the presentation of mitigation evidence

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construing the "automatic waiver" statute, M.C.L. § 769.1[3], which mandates an inquiry nearly identical to M.C.L. § 712A.18[1][n]

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plaintiff would have standing to challenge road development because of impact on scenery and wildlife if it or its members would be significantly affected by the development

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mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual’s claim is clear and certain, the official’s duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available

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courtlistener_HTML_Query_133

arguments unsupported by legal authority will not be considered

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"[A]bsent exceptional circumstances, an issue not raised in district court will not be heard on appeal."

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courtlistener_HTML_Query_135

"If the interest of the absent parties may be affected or bound by the decree, they must be brought before the court, or it will not proceed to a decree." (internal quotation marks omitted)

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courtlistener_HTML_Query_136

“We are not at liberty to overturn Iowa Supreme Court precedent.”

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courtlistener_HTML_Query_137

"The inference [of pretext], along with the components of the plaintiff 's prima facie case, allow a jury to conclude that the employer was actually motivated by illegal bias . . . ."

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courtlistener_HTML_Query_138

“[E]ven if the asserted interest [in the ‘peace’ and ‘decorum’ of the Supreme Court] is legitimate by itself, it cannot justify the total ban at issue here.”

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“[W]e recognize the Commonwealth cannot force another jurisdiction to act[.]”

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