66 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,208 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  2. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 9,014 times   7 Legal Analyses
    Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"
  3. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,366 times   169 Legal Analyses
    Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"
  4. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 4,062 times   51 Legal Analyses
    Holding that it is "not a new proposition" that a plaintiff had standing to challenge the denial of a gun licensing permit
  5. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,660 times   22 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment
  6. Davis v. Scherer

    468 U.S. 183 (1984)   Cited 3,786 times   1 Legal Analyses
    Holding that the only relevant inquiry is whether federal law rights are clearly established; it does not matter that the officer simultaneously violates state law rights that are clearly established
  7. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,381 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"
  8. City of Boerne v. Flores

    521 U.S. 507 (1997)   Cited 1,838 times   21 Legal Analyses
    Holding that RFRA is unconstitutional in so far as it permits suits against state actors
  9. Turner Broadcasting System, Inc. v. Federal Communications Commission

    512 U.S. 622 (1994)   Cited 1,335 times   7 Legal Analyses
    Holding that rules that distinguish "based only upon the manner in which speakers transmit their messages to viewers, and not upon the messages they carry" are content-neutral
  10. Babbitt v. Farm Workers

    442 U.S. 289 (1979)   Cited 1,940 times
    Holding a case justiciable even though the plaintiffs disavowed any intent to "propagate untruths"
  11. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 63,336 times   187 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,767 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,290 times   192 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,183 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  15. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,914 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought
  16. Section 837 - Functions, powers and duties of division

    N.Y. Exec. Law § 837   Cited 21 times

    The division shall have the following functions, powers and duties: 1. Advise and assist the governor in developing policies, plans and programs for improving the coordination, administration and effectiveness of the criminal justice system; 2. Make recommendations to agencies in the criminal justice system for improving their administration and effectiveness: 3. Act as the official state planning agency pursuant to the federal acts; in accordance therewith, prepare, evaluate and revise statewide

  17. Section 7.09 - Powers of the office and commissioner; how exercised

    N.Y. Mental Hyg. Law § 7.09   Cited 10 times

    (a) The commissioner shall exercise all powers vested in the office. He may delegate any function, power, or duty assigned to him or to the office of mental health to a director of a facility operated by such office or to any other officer or employee of such office, unless otherwise provided by law. He may enter into agreements with the executive director of the justice center for the protection of people with special needs or the other commissioners of the department in order to ensure that programs

  18. Section 400.02 - Statewide license and record database

    N.Y. Penal Law § 400.02   Cited 5 times

    1. There shall be a statewide license and record database which shall be created and maintained by the division of state police the cost of which shall not be borne by any municipality. Records assembled or collected for purposes of inclusion in such database shall not be subject to disclosure pursuant to article six of the public officers law. All records containing granted license applications from all licensing authorities shall be monthly checked by the division of criminal justice services in

  19. Section 164.512 - Uses and disclosures for which an authorization or opportunity to agree or object is not required

    45 C.F.R. § 164.512   Cited 1,370 times   123 Legal Analyses
    Approving disclosure to health oversight agency of protected health information to determine eligibility for government benefit programs
  20. Section 543.1 - Background and intent

    N.Y. Comp. Codes R. & Regs. tit. 14 § 543.1   Cited 2 times

    (a) The Federal Brady Handgun Violence Prevention Act of 1993 (Brady Act) prohibits any person from selling or otherwise disposing of any firearm or ammunition to any person who has been involuntarily "committed to a mental institution" (18 U.S.C. section 922 [d][4]) and further prohibits any person who has been involuntarily "committed to a mental institution" from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition; or receiving