23 Cited authorities

  1. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,658 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license
  2. Twum v. Immigration & Naturalization Service

    411 F.3d 54 (2d Cir. 2005)   Cited 436 times
    Stating that "[w]e have upheld the application of [the Lozada] requirements to screen ineffective assistance claims where appropriate" because "these requirements serve to deter meritless claims and to provide a basis for determining whether counsel's assistance was in fact ineffective"
  3. Huddleston v. United States

    415 U.S. 814 (1974)   Cited 307 times
    Holding that "acqui[re]" in § 922 means "to come into possession, control, or power of disposal of," and encompasses the act of redeeming a firearm by a pawnor
  4. Matter of George L

    85 N.Y.2d 295 (N.Y. 1995)   Cited 86 times
    In Matter of George L. (85 N.Y.2d 295), we stated that generally a finding of a defendant's current dangerousness for purposes of CPL 330.20(1)(c)(ii)
  5. U.S. v. Waters

    23 F.3d 29 (2d Cir. 1994)   Cited 38 times
    Holding that ex post facto challenge to statute of conviction was waived by pleading guilty without preserving the issue
  6. Matter of Francis S

    206 A.D.2d 4 (N.Y. App. Div. 1994)   Cited 15 times
    Describing petitioner's extensive past criminal and mental background
  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 287,955 times   130 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  8. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 272,120 times   788 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  9. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 48,507 times   169 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"
  10. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 7,686 times   9 Legal Analyses
    Referring to the death of "a party" whose "claim is not extinguished"
  11. Section 921 - Definitions

    18 U.S.C. § 921   Cited 3,556 times   35 Legal Analyses
    Adopting this definition
  12. Rule 5.2 - Privacy Protection For Filings Made with the Court

    Fed. R. Civ. P. 5.2   Cited 2,687 times   7 Legal Analyses
    Stating only the initials of a person "known to be a minor" may be provided in court filings
  13. Section 9.27 - Involuntary admission on medical certification

    N.Y. Mental Hyg. Law § 9.27   Cited 133 times
    Requiring certificates of "two examining physicians, accompanied by an application for the admission" of a patient
  14. Section 9.39 - Emergency admissions for immediate observation, care, and treatment

    N.Y. Mental Hyg. Law § 9.39   Cited 102 times
    Requiring a hearing within five days of request for patients admitted on an emergency basis for observation for up to fifteen days
  15. Section 9.01 - Definitions

    N.Y. Mental Hyg. Law § 9.01   Cited 56 times

    As used in this article: "in need of care and treatment" means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. "in need of involuntary care and treatment" means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. "likelihood to result in serious harm" or "likely

  16. Section 9.37 - Involuntary admission on certificate of a director of community services or his designee

    N.Y. Mental Hyg. Law § 9.37   Cited 44 times

    (a)[Effective until July 1, 2024] The director of a hospital, upon application by a director of community services or an examining physician duly designated by him or her, may receive and care for in such hospital as a patient any person who, in the opinion of the director of community services or the director's designee, has a mental illness for which immediate inpatient care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or herself or others

  17. Section 25.6 - Accessing records in the system

    28 C.F.R. § 25.6   Cited 33 times
    Providing that a "Denied" response will be issued when a matching record "is found in either the NICS Index, NCIC, or III"
  18. Section 25.1 - Purpose and authority

    28 C.F.R. § 25.1   Cited 13 times

    The purpose of this subpart is to establish policies and procedures implementing the Brady Handgun Violence Prevention Act (Brady Act), Public Law 103-159 , 107 Stat. 1536. The Brady Act requires the Attorney General to establish a National Instant Criminal Background Check System (NICS) to be contacted by any licensed importer, licensed manufacturer, or licensed dealer of firearms for information as to whether the transfer of a firearm to any person who is not licensed under 18 U.S.C. 923 would

  19. Section 25.7 - Querying records in the system

    28 C.F.R. § 25.7   Cited 7 times

    (a) The following search descriptors will be required in all queries of the system for purposes of a background check: (1) Name; (2) Sex; (3) Race; (4) Complete date of birth; and (5) State of residence. (b) A unique numeric identifier may also be provided to search for additional records based on exact matches by the numeric identifier. Examples of unique numeric identifiers for purposes of this system are: Social Security number (to comply with Privacy Act requirements, a Social Security number

  20. Section 25.3 - System information

    28 C.F.R. § 25.3   Cited 6 times

    (a) There is established at the FBI a National Instant Criminal Background Check System. (b) The system will be based at the Federal Bureau of Investigation, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306-0147. (c) The system manager and address are: Director, Federal Bureau of Investigation, J. Edgar Hoover F.B.I. Building, 935 Pennsylvania Avenue, NW, Washington, D.C. 20535. 28 C.F.R. § 25.3

  21. Section 643.1 - Background and intent

    N.Y. Comp. Codes R. & Regs. tit. 14 § 643.1

    (a) The Federal Brady Handgun Violence Prevention Act of 1993 (Brady Act), as amended, among other provisions, 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