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...no right of appeal from a final order in a proceeding to test the validity of a warrant [of] remov[al] ...”). This case concerns the third, § 2253(c), which provides...), we described Clay 's interpretation as comporting “with the most natural reading of the statutory text” and saw “no reason to depart” from it in “construing the similar language of § 2244(d)(1...: The text of § 2244(d)(1)(A), which marks finality as of “the conclusion of direct review or the expiration of the time for seeking such review,” consists of two prongs. Each prong—the “conclusion of...
...warp the facts of the confession. Admissions, retold at a trial, are much like hearsay, that is, statements not made at the pending trial. They had neither the compulsion of the oath nor the test of...
...other case, the test of the Board's jurisdiction is not the volume of the interstate commerce which may be affected, but the existence of a relationship of the employer and his employees to the commerce...
...).
The report cited in the text is the recently issued first segment of a study which the Commission was directed to make by a 1961 amendment to the Securities Exchange Act...
..., Reck had been in custody almost 80 hours without counsel, without contact with his family, without a court appearance and without charge or bail. The text of this joint confession reveals mostly yes...the Illinois Post-Conviction Hearing Act was filed to test the validity of Reck's 199-year sentence imposed 16 years previously. His application was denied after a full hearing by the trial court, and...
...postconviction proceedings. "Respecting the State's grant of a right to test their detention," the Court said, "the Fourteenth Amendment weighs the interests of rich and poor criminals in equal scale...
...police asked him to submit to a "lie-detector" test. He was not told of his rights to counsel or to a preliminary examination before a magistrate, nor was he warned that he might keep silent and "that any...
...government agents had done everything "reasonably necessary and proper" to make a witness available is factual in nature and consequently subject to the clearly erroneous test..., compare United States v. Thompson, 558 F.2d 522, 524 (9th Cir. 1977) (probable cause reviewable under the clearly erroneous test...standard of review jurisprudence generally.
Although rule 52(a) is a rule of civil procedure, the clearly erroneous test which it...
...not.
The plain text of the relevant regulation requires the ALJ first to determine whether Brueggemann is disabled. 20....
As we discuss in the text, the record reflects that Brueggemann had ceased drinking by the time of the hearing, and had lengthy periods of sobriety during the relevant time period...
...accompanying text.
The defense called only one witness, Officer Madry, during its presentation at the evidentiary hearing. Madry testified that he recalled "exchanging words...S.Ct. 1970. At the evidentiary hearing Pinkston failed to establish either prong of this long-standing test.
Initially, we note this court has held that injuries, such as...
...limitation of § 706(d), which provides that "a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter." That text expressly conditioned...were enacted to protect. See Grogan v. Garner, 498 U. S., at 287. The text of § 706(d) therefore provides adequate authority for...).
A statutory provision protecting a borrower from waiver is not a shield against forfeiture. Nothing in the text of either § 706 or § 1307(c) (or the legislative history of...
...on a clean slate, I would adhere to the statute's text. But Thermtron's limiting construction applies equally to this case as it did to...Court's adherence to precedent in this case represents a welcome departure from its sometimes single-minded focus on literal text. Accordingly, I join the Court's opinion...departure from the literal text, see ante, at 2 (STEVENS, J., concurring), the world is mad.
This mess — entirely of our own making — does not in my view require expert...
...were made to the text of 18 U.S.C. § 4208 or any related statute in a way that might affect its meaning.
Until 2004, the Commission conducted all parole...). The "savings clause" of § 2255 allows for a § 2241 action if § 2255 is "inadequate or ineffective to test the legality of the detention...] parole commission's actions" in retroactively applying parole guidelines must be brought under § 2241 and not § 2255). Section 2241 also exists to provide a remedy to test the legality of detention...
...modification. Thus, we find Jackson and Serment state a non-frivolous claim. As to the second aspect of the test, we have explained that the Supreme Court did not use the term "vested benefits" in the...
...; his determination is reviewable only if he misapplies, overlooks, or gives a wrong or improper effect to any test or consideration which it was his duty to regard." Greenfield Development Co. v. Wood...
...adequate to support a conclusion." ( Consolidated Edison Co. v. National Labor Relations Board, 305 U.S. 197, 229.) The same test is...applying the test than in formulating it. The evidence produced by one party must be considered in connection with the evidence produced by the other parties. Evidence which unexplained might be conclusive...
...reported to doctors that he felt weak. In November 1990, he experienced arrhythmia after a treadmill exercise, although the test was negative and adequate; progress notes indicate some fatigue. In...but a decrease in cardiac size since February 1991. Frankl experienced no chest pain in a treadmill test, but the test was stopped after eight minutes due to Frankl's fatigue. Nothing in Frankl's...
...court to test appellant's ability to read, write and comprehend the English language. Alexander first testified about appellant's school records which indicated that during his public school years...language as "disabled."
"Q. All right. Based on your examination of these test scores and [appellant's] school records, how would you characterize — based on.... Significantly impaired."
Alexander then testified about the various tests he administered to appellant to "test his current ability with respect to his ability to read...
...the Act, regulations restricting eligibility for widow's disability benefits. Pp. 623-624.
(b) Section 405(g)'s text and structure define the court of appeals...
...VII disparate treatment cases, the Supreme Court has articulated the McDonnell Douglas/Burdine test to allocate the burdens of proof. Under this standard, the plaintiff bears the initial burden...circumstances" test: determining when an employer's conduct raises an inference of discrimination under the Supreme Court's McDonnell Douglas/Burdine standard.
Under that test...that Mr. Harding has stated a prima facie case for purposes of summary judgment; the court should then proceed to the remainder of the McDonnell Douglas/Burdine test to determine whether summary...