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Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time and under those circumstances. | {
"signal": "see also",
"identifier": "960 F.2d 439, 446",
"parenthetical": "discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2d 439, 446 (5th Cir.1992) (discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations); McGuire Oil Co. v. Mapco, Inc., 958 F.2d 1552, 1563 (11th Cir.1992) (finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved)."
} | {
"signal": "cf.",
"identifier": "109 S.Ct. 1827, 1834",
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that “a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit”)."
} | 10,515,164 | a |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time and under those circumstances. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that “a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit”)."
} | {
"signal": "see also",
"identifier": "960 F.2d 439, 446",
"parenthetical": "discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2d 439, 446 (5th Cir.1992) (discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations); McGuire Oil Co. v. Mapco, Inc., 958 F.2d 1552, 1563 (11th Cir.1992) (finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved)."
} | 10,515,164 | b |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time and under those circumstances. | {
"signal": "cf.",
"identifier": "490 U.S. 319, 329",
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that “a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit”)."
} | {
"signal": "see also",
"identifier": "958 F.2d 1552, 1563",
"parenthetical": "finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2d 439, 446 (5th Cir.1992) (discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations); McGuire Oil Co. v. Mapco, Inc., 958 F.2d 1552, 1563 (11th Cir.1992) (finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved)."
} | 10,515,164 | b |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time and under those circumstances. | {
"signal": "cf.",
"identifier": "109 S.Ct. 1827, 1834",
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that “a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit”)."
} | {
"signal": "see also",
"identifier": "958 F.2d 1552, 1563",
"parenthetical": "finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2d 439, 446 (5th Cir.1992) (discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations); McGuire Oil Co. v. Mapco, Inc., 958 F.2d 1552, 1563 (11th Cir.1992) (finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved)."
} | 10,515,164 | b |
Sanctions are not appropriate when the plaintiffs' pretrial inquiries into the factual and legal bases of the complaint are sufficient. The district court, recognizing the difficulty in proving conspiratorial agreement, did not abuse its discretion in concluding that the plaintiffs' claims were reasonable at that time and under those circumstances. | {
"signal": "see also",
"identifier": "958 F.2d 1552, 1563",
"parenthetical": "finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved",
"sentence": "See id. (recognizing difficulty in proving conspiracy); see also Smith v. Our Lady of the Lake Hosp., Inc., 960 F.2d 439, 446 (5th Cir.1992) (discussing difficulty in direct proof of conspiracy and suggesting courthouse door not be barred for those needing discovery for proof of allegations); McGuire Oil Co. v. Mapco, Inc., 958 F.2d 1552, 1563 (11th Cir.1992) (finding claims may be meritless but not frivolous, given complexity of facts and legal issues involved)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that \"a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit\"",
"sentence": "Cf. Neitzke v. Williams, 490 U.S. 319, 329, 109 S.Ct. 1827, 1834, 104 L.Ed.2d 338 (1989) (stating that “a finding of a failure to state a claim does not invariably mean that the claim is without arguable merit”)."
} | 10,515,164 | a |
In addition, the Court notes the significance that, in this case, Class Counsel did not begin negotiating their fee until all of the settlement terms for the Class had been fully negotiated. (PI. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting a settlement agreement which contained an award of attorneys' fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, 148 F.3d at 335 (noting that parties properly negotiated settlement before negotiating attorneys’ fees); cf. Prandini v. National Tea Co., 557 F.2d 1015 (3d Cir.1977) (rejecting a settlement agreement which contained an award of attorneys’ fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys’ fees)."
} | {
"signal": "no signal",
"identifier": "962 F.Supp. 577, 577",
"parenthetical": "noting that parties properly negotiated settlement before negotiating attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, 148 F.3d at 335 (noting that parties properly negotiated settlement before negotiating attorneys’ fees); cf. Prandini v. National Tea Co., 557 F.2d 1015 (3d Cir.1977) (rejecting a settlement agreement which contained an award of attorneys’ fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys’ fees)."
} | 1,361,427 | b |
In addition, the Court notes the significance that, in this case, Class Counsel did not begin negotiating their fee until all of the settlement terms for the Class had been fully negotiated. (PI. | {
"signal": "no signal",
"identifier": "148 F.3d 335, 335",
"parenthetical": "noting that parties properly negotiated settlement before negotiating attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, 148 F.3d at 335 (noting that parties properly negotiated settlement before negotiating attorneys’ fees); cf. Prandini v. National Tea Co., 557 F.2d 1015 (3d Cir.1977) (rejecting a settlement agreement which contained an award of attorneys’ fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys’ fees)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting a settlement agreement which contained an award of attorneys' fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys' fees",
"sentence": "Fee Brief at 1.) See Prudential I, 962 F.Supp. at 577, aff'd, 148 F.3d at 335 (noting that parties properly negotiated settlement before negotiating attorneys’ fees); cf. Prandini v. National Tea Co., 557 F.2d 1015 (3d Cir.1977) (rejecting a settlement agreement which contained an award of attorneys’ fees, holding class counsel should not simultaneously negotiate both a settlement and the attorneys’ fees)."
} | 1,361,427 | a |
. Appellant, Coty Williams, appeals the summaiy denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief, which alleged multiple grounds for relief. We find that Williams is entitled to an opportunity to amend 'His third and fifth grounds for relief. | {
"signal": "see",
"identifier": "971 So.2d 754, 761",
"parenthetical": "holding that a defendant who files a legally insufficient rule 3.850 motion for failing to meet pleading requirements should be allowed at least one opportunity to amend",
"sentence": "See Spera v. State, 971 So.2d 754, 761 (Fla. 2007) (holding that a defendant who files a legally insufficient rule 3.850 motion for failing to meet pleading requirements should be allowed at least one opportunity to amend); see also Ferris v. State, 996 So.2d 228, 229 (Fla. 1st DCA 2008) (requiring an opportunity to amend because “the trial court did not deny, the claim on the basis of facial insufficiency, and, as such, the appellant could not have been aware of the application of Spera to this issue”)."
} | {
"signal": "see also",
"identifier": "996 So.2d 228, 229",
"parenthetical": "requiring an opportunity to amend because \"the trial court did not deny, the claim on the basis of facial insufficiency, and, as such, the appellant could not have been aware of the application of Spera to this issue\"",
"sentence": "See Spera v. State, 971 So.2d 754, 761 (Fla. 2007) (holding that a defendant who files a legally insufficient rule 3.850 motion for failing to meet pleading requirements should be allowed at least one opportunity to amend); see also Ferris v. State, 996 So.2d 228, 229 (Fla. 1st DCA 2008) (requiring an opportunity to amend because “the trial court did not deny, the claim on the basis of facial insufficiency, and, as such, the appellant could not have been aware of the application of Spera to this issue”)."
} | 12,426,645 | a |
But if a monopsonist's uncompetitive prices are a result not solely of its market power, but also of practices that result in complete control of the input (supply) market, the effect of the monopsonist's practices may be an injury to competition. Moreover, although PSA claims against processors for practices associated with supply contracts have not enjoyed much success, these cases are factually different from the one before us. For example, the producers in these cases did not allege the existence of a monopsony. In addition, the supply contracts guaranteed producers a price tied to market prices, and overall, the arrangements created incentives and efficiencies that benefitted consumers. | {
"signal": "see also",
"identifier": "183 F.Supp.2d 824, 827",
"parenthetical": "granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marketing agreements are a more efficient means for both meat packers and cattle producers to operate in the market.”); IBP, Inc., 187 F.3d at 978 (explaining that the marketing agreements “essentially ensure[ ] that the potential for undue or arbitrary lowering of prices is eliminated”); see also Griffin v. Smithfield Foods, Inc., 183 F.Supp.2d 824, 827 (E.D.Va.2002) (granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA)."
} | {
"signal": "no signal",
"identifier": "420 F.3d 1284, 1284",
"parenthetical": "\"[I]t was undisputed ... that marketing agreements are a more efficient means for both meat packers and cattle producers to operate in the market.\"",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marketing agreements are a more efficient means for both meat packers and cattle producers to operate in the market.”); IBP, Inc., 187 F.3d at 978 (explaining that the marketing agreements “essentially ensure[ ] that the potential for undue or arbitrary lowering of prices is eliminated”); see also Griffin v. Smithfield Foods, Inc., 183 F.Supp.2d 824, 827 (E.D.Va.2002) (granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA)."
} | 3,562,144 | b |
But if a monopsonist's uncompetitive prices are a result not solely of its market power, but also of practices that result in complete control of the input (supply) market, the effect of the monopsonist's practices may be an injury to competition. Moreover, although PSA claims against processors for practices associated with supply contracts have not enjoyed much success, these cases are factually different from the one before us. For example, the producers in these cases did not allege the existence of a monopsony. In addition, the supply contracts guaranteed producers a price tied to market prices, and overall, the arrangements created incentives and efficiencies that benefitted consumers. | {
"signal": "see also",
"identifier": "183 F.Supp.2d 824, 827",
"parenthetical": "granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marketing agreements are a more efficient means for both meat packers and cattle producers to operate in the market.”); IBP, Inc., 187 F.3d at 978 (explaining that the marketing agreements “essentially ensure[ ] that the potential for undue or arbitrary lowering of prices is eliminated”); see also Griffin v. Smithfield Foods, Inc., 183 F.Supp.2d 824, 827 (E.D.Va.2002) (granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA)."
} | {
"signal": "no signal",
"identifier": "187 F.3d 978, 978",
"parenthetical": "explaining that the marketing agreements \"essentially ensure[ ] that the potential for undue or arbitrary lowering of prices is eliminated\"",
"sentence": "Pickett, 420 F.3d at 1284 (“[I]t was undisputed ... that marketing agreements are a more efficient means for both meat packers and cattle producers to operate in the market.”); IBP, Inc., 187 F.3d at 978 (explaining that the marketing agreements “essentially ensure[ ] that the potential for undue or arbitrary lowering of prices is eliminated”); see also Griffin v. Smithfield Foods, Inc., 183 F.Supp.2d 824, 827 (E.D.Va.2002) (granting summary judgment in favor of a defendant packer because the plaintiff producers had not identified any specific practices that violated the PSA)."
} | 3,562,144 | b |
[P 18] Sanderson's assertion the word "delivering" in N.D.R.Civ.P. 4(d)(2)(E) and 4(d)(2)(F) includes certified mail would render the inclusion of the specific mailing requirements under N.D.R.Civ.P. 4(d)(2)(A)(v) and 4(d)(2)(D)(iii) redundant and largely meaningless. | {
"signal": "cf.",
"identifier": "30 F.3d 75, 77",
"parenthetical": "holding the Rule 4 requirement of \"delivery\" to the appropriate United States Attorney required personal service, not service by certified mail",
"sentence": "See Bickel, 530 N.W.2d at 320 (stating a presumption the legislature acts with purpose and does not perform idle acts); cf. Helmets v. Sortino, 545 N.W.2d 796, 799 (N.D.1996) (hold ing, prior to the 1999 amendment of N.D.R.Civ.P. 4(d)(2)(A)(v) . and 4(d)(2)(D)(iii) to allow third-party commercial delivery, .that Federal Express delivery is not mail delivery); Gabriel v. United States, 30 F.3d 75, 77 (7th Cir.1994) (holding the Rule 4 requirement of “delivery” to the appropriate United States Attorney required personal service, not service by certified mail)."
} | {
"signal": "see",
"identifier": "530 N.W.2d 320, 320",
"parenthetical": "stating a presumption the legislature acts with purpose and does not perform idle acts",
"sentence": "See Bickel, 530 N.W.2d at 320 (stating a presumption the legislature acts with purpose and does not perform idle acts); cf. Helmets v. Sortino, 545 N.W.2d 796, 799 (N.D.1996) (hold ing, prior to the 1999 amendment of N.D.R.Civ.P. 4(d)(2)(A)(v) . and 4(d)(2)(D)(iii) to allow third-party commercial delivery, .that Federal Express delivery is not mail delivery); Gabriel v. United States, 30 F.3d 75, 77 (7th Cir.1994) (holding the Rule 4 requirement of “delivery” to the appropriate United States Attorney required personal service, not service by certified mail)."
} | 8,436,558 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | {
"signal": "see",
"identifier": "88 F.3d 191, 191",
"parenthetical": "pro se litigant's complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | 9,214,801 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | {
"signal": "see",
"identifier": "272 F.3d 921, 922-23",
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | 9,214,801 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see",
"identifier": null,
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | 9,214,801 | a |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | 9,214,801 | b |
The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status. | {
"signal": "see",
"identifier": null,
"parenthetical": "pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | {
"signal": "see also",
"identifier": "103 F.Supp.2d 893, 897-99",
"parenthetical": "complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid",
"sentence": "See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid)."
} | 9,214,801 | a |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the evidence. | {
"signal": "see",
"identifier": "298 S.C. 477, 481",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | {
"signal": "see also",
"identifier": "293 S.C. 85, 87",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | 3,710,237 | a |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the evidence. | {
"signal": "see also",
"identifier": "358 S.E.2d 719, 720",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | {
"signal": "see",
"identifier": "298 S.C. 477, 481",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | 3,710,237 | b |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the evidence. | {
"signal": "see",
"identifier": "381 S.E.2d 508, 510",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | {
"signal": "see also",
"identifier": "293 S.C. 85, 87",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | 3,710,237 | a |
As to the specific figures to which McCall asserts he is entitled, he provides this court with no support for them in the record. In short, McCall summarily asserts he is entitled to these amounts without showing why the circuit court's calculation of damages was erroneous or how McCall's figures are supported by the evidence. | {
"signal": "see",
"identifier": "381 S.E.2d 508, 510",
"parenthetical": "noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | {
"signal": "see also",
"identifier": "358 S.E.2d 719, 720",
"parenthetical": "noting our court is \"obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists\"",
"sentence": "See Weaver v. Recreation Dist., 328 S.C. 83, 88, 492 S.E.2d 79, 82 (1997); Ehlke v. Nemec Constr. Co., 298 S.C. 477, 481, 381 S.E.2d 508, 510 (Ct.App.1989) (noting an appealed order comes to the appellate court with a presumption of correctness and the burden is on appellant to demonstrate reversible error); See also Harris v. Campbell, 293 S.C. 85, 87, 358 S.E.2d 719, 720 (Ct.App.1987) (noting our court is “obliged to reverse when error is called to our attention, but we are not in the business of figuring out on our own whether error exists”)."
} | 3,710,237 | a |
When the motion was filed, Nattah's claims against Secretary Gates had been dismissed with prejudice. This Court agrees with the approach that "[w]hen a plaintiffs first amended complaint asserts claims against defendants who have been dismissed from the suit," courts have "discretion in denying amendment as to those defendants." | {
"signal": "see also",
"identifier": "240 F.2d 406, 408",
"parenthetical": "holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice",
"sentence": "Johnson v. Dist. of Columbia, 244 F.R.D. 1, 4 (D.D.C.2007) (Lamberth, J.); see Bancoult v. McNamara, 214 F.R.D. 5, 8-9 (D.D.C.2003) (granting motion to amend complaint “as a matter of course” as to defendants against whom claims remained pending, but denying the motion as futile as to dismissed defendant); see also Cassell v. Michaux, 240 F.2d 406, 408 (D.C.Cir.1956) (holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice)."
} | {
"signal": "see",
"identifier": "214 F.R.D. 5, 8-9",
"parenthetical": "granting motion to amend complaint \"as a matter of course\" as to defendants against whom claims remained pending, but denying the motion as futile as to dismissed defendant",
"sentence": "Johnson v. Dist. of Columbia, 244 F.R.D. 1, 4 (D.D.C.2007) (Lamberth, J.); see Bancoult v. McNamara, 214 F.R.D. 5, 8-9 (D.D.C.2003) (granting motion to amend complaint “as a matter of course” as to defendants against whom claims remained pending, but denying the motion as futile as to dismissed defendant); see also Cassell v. Michaux, 240 F.2d 406, 408 (D.C.Cir.1956) (holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice)."
} | 5,712,541 | b |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the parties, or the equivalent of either of those. This approach is consistent with the approach taken by the majority of the circuits that have considered the issue. | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.”)."
} | {
"signal": "see",
"identifier": "290 F.3d 159, 165",
"parenthetical": "holding that an order characterized as a stipulated settlement conferred prevailing party status because it used mandatory language, bore the judge's signature, and was judicially enforceable",
"sentence": "See, e.g., Roberson v. Giuliani, 346 F.3d 75, 81 (2d Cir.2003) (“We therefore join the majority of courts to have considered the issue since Buckhannon in concluding that judicial action other than a judgment on the merits or a consent decree can support an award of attorney’s fees, so long as such action carries with it sufficient judicial imprimatur.” (footnote and citation omitted)); Truesdell v. Philadelphia Hous. Auth., 290 F.3d 159, 165 (3d Cir.2002) (holding that an order characterized as a stipulated settlement conferred prevailing party status because it used mandatory language, bore the judge’s signature, and was judicially enforceable); Smyth v. Rivero, 282 F.3d 268, 281 (4th Cir.2002) (“We doubt that the Supreme Court’s guidance in Buckhannon was intended to be interpreted so restrictively as to require that the words ‘consent decree’ be used explicitly.”); T.D. v. LaGrange Sch. Dist. No. 102, 349 F.3d 469, 478 (7th Cir.2003) (“[S]ome settlement agreements, even though not explicitly labeled as a ‘consent decree’ may confer ‘prevailing party’ status, if they are sufficiently analogous to a consent decree.”); Am. Disability Ass’n, Inc. v. Chmielarz, 289 F.3d 1315, 1319 (11th Cir.2002) (“[T]he essential test established by [Buckhannon] requires the plaintiff to achieve a ‘judicially sanctioned change in the legal relationship of the par ties.’ ” (citation omitted)); Oil, Chem. & Atomic Workers Int’l Union v. Dep’t of Energy, 288 F.3d 452, 458-59 (D.C.Cir.2002) (implying that a stipulated order of dismissal could confer prevailing party status if it carried sufficient judicial imprimatur to materially change the legal relationship of the parties)."
} | 9,012,866 | b |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the parties, or the equivalent of either of those. This approach is consistent with the approach taken by the majority of the circuits that have considered the issue. | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.”)."
} | {
"signal": "see",
"identifier": "282 F.3d 268, 281",
"parenthetical": "\"We doubt that the Supreme Court's guidance in Buckhannon was intended to be interpreted so restrictively as to require that the words 'consent decree' be used explicitly.\"",
"sentence": "See, e.g., Roberson v. Giuliani, 346 F.3d 75, 81 (2d Cir.2003) (“We therefore join the majority of courts to have considered the issue since Buckhannon in concluding that judicial action other than a judgment on the merits or a consent decree can support an award of attorney’s fees, so long as such action carries with it sufficient judicial imprimatur.” (footnote and citation omitted)); Truesdell v. Philadelphia Hous. Auth., 290 F.3d 159, 165 (3d Cir.2002) (holding that an order characterized as a stipulated settlement conferred prevailing party status because it used mandatory language, bore the judge’s signature, and was judicially enforceable); Smyth v. Rivero, 282 F.3d 268, 281 (4th Cir.2002) (“We doubt that the Supreme Court’s guidance in Buckhannon was intended to be interpreted so restrictively as to require that the words ‘consent decree’ be used explicitly.”); T.D. v. LaGrange Sch. Dist. No. 102, 349 F.3d 469, 478 (7th Cir.2003) (“[S]ome settlement agreements, even though not explicitly labeled as a ‘consent decree’ may confer ‘prevailing party’ status, if they are sufficiently analogous to a consent decree.”); Am. Disability Ass’n, Inc. v. Chmielarz, 289 F.3d 1315, 1319 (11th Cir.2002) (“[T]he essential test established by [Buckhannon] requires the plaintiff to achieve a ‘judicially sanctioned change in the legal relationship of the par ties.’ ” (citation omitted)); Oil, Chem. & Atomic Workers Int’l Union v. Dep’t of Energy, 288 F.3d 452, 458-59 (D.C.Cir.2002) (implying that a stipulated order of dismissal could confer prevailing party status if it carried sufficient judicial imprimatur to materially change the legal relationship of the parties)."
} | 9,012,866 | b |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the parties, or the equivalent of either of those. This approach is consistent with the approach taken by the majority of the circuits that have considered the issue. | {
"signal": "see",
"identifier": "349 F.3d 469, 478",
"parenthetical": "\"[S]ome settlement agreements, even though not explicitly labeled as a 'consent decree' may confer 'prevailing party' status, if they are sufficiently analogous to a consent decree.\"",
"sentence": "See, e.g., Roberson v. Giuliani, 346 F.3d 75, 81 (2d Cir.2003) (“We therefore join the majority of courts to have considered the issue since Buckhannon in concluding that judicial action other than a judgment on the merits or a consent decree can support an award of attorney’s fees, so long as such action carries with it sufficient judicial imprimatur.” (footnote and citation omitted)); Truesdell v. Philadelphia Hous. Auth., 290 F.3d 159, 165 (3d Cir.2002) (holding that an order characterized as a stipulated settlement conferred prevailing party status because it used mandatory language, bore the judge’s signature, and was judicially enforceable); Smyth v. Rivero, 282 F.3d 268, 281 (4th Cir.2002) (“We doubt that the Supreme Court’s guidance in Buckhannon was intended to be interpreted so restrictively as to require that the words ‘consent decree’ be used explicitly.”); T.D. v. LaGrange Sch. Dist. No. 102, 349 F.3d 469, 478 (7th Cir.2003) (“[S]ome settlement agreements, even though not explicitly labeled as a ‘consent decree’ may confer ‘prevailing party’ status, if they are sufficiently analogous to a consent decree.”); Am. Disability Ass’n, Inc. v. Chmielarz, 289 F.3d 1315, 1319 (11th Cir.2002) (“[T]he essential test established by [Buckhannon] requires the plaintiff to achieve a ‘judicially sanctioned change in the legal relationship of the par ties.’ ” (citation omitted)); Oil, Chem. & Atomic Workers Int’l Union v. Dep’t of Energy, 288 F.3d 452, 458-59 (D.C.Cir.2002) (implying that a stipulated order of dismissal could confer prevailing party status if it carried sufficient judicial imprimatur to materially change the legal relationship of the parties)."
} | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.”)."
} | 9,012,866 | a |
In sum, under our decisions in Brickwood, Former Employees of Motorola, and Vaughn, in order to demonstrate that it is a "prevailing party," an EAJA applicant must show that it obtained an enforceable judgment on the merits or a court-ordered consent decree that materially altered the legal relationship between the parties, or the equivalent of either of those. This approach is consistent with the approach taken by the majority of the circuits that have considered the issue. | {
"signal": "but see",
"identifier": "315 F.3d 990, 993",
"parenthetical": "\"Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.\"",
"sentence": "But see Christina A. v. Bloomberg, 315 F.3d 990, 993 (8th Cir.2003) (“Buckhannon ... makes it clear that a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.”)."
} | {
"signal": "see",
"identifier": "288 F.3d 452, 458-59",
"parenthetical": "implying that a stipulated order of dismissal could confer prevailing party status if it carried sufficient judicial imprimatur to materially change the legal relationship of the parties",
"sentence": "See, e.g., Roberson v. Giuliani, 346 F.3d 75, 81 (2d Cir.2003) (“We therefore join the majority of courts to have considered the issue since Buckhannon in concluding that judicial action other than a judgment on the merits or a consent decree can support an award of attorney’s fees, so long as such action carries with it sufficient judicial imprimatur.” (footnote and citation omitted)); Truesdell v. Philadelphia Hous. Auth., 290 F.3d 159, 165 (3d Cir.2002) (holding that an order characterized as a stipulated settlement conferred prevailing party status because it used mandatory language, bore the judge’s signature, and was judicially enforceable); Smyth v. Rivero, 282 F.3d 268, 281 (4th Cir.2002) (“We doubt that the Supreme Court’s guidance in Buckhannon was intended to be interpreted so restrictively as to require that the words ‘consent decree’ be used explicitly.”); T.D. v. LaGrange Sch. Dist. No. 102, 349 F.3d 469, 478 (7th Cir.2003) (“[S]ome settlement agreements, even though not explicitly labeled as a ‘consent decree’ may confer ‘prevailing party’ status, if they are sufficiently analogous to a consent decree.”); Am. Disability Ass’n, Inc. v. Chmielarz, 289 F.3d 1315, 1319 (11th Cir.2002) (“[T]he essential test established by [Buckhannon] requires the plaintiff to achieve a ‘judicially sanctioned change in the legal relationship of the par ties.’ ” (citation omitted)); Oil, Chem. & Atomic Workers Int’l Union v. Dep’t of Energy, 288 F.3d 452, 458-59 (D.C.Cir.2002) (implying that a stipulated order of dismissal could confer prevailing party status if it carried sufficient judicial imprimatur to materially change the legal relationship of the parties)."
} | 9,012,866 | b |
Again, the court has considerable doubt that the evidence presented at trial will show anything but that Land O' Lakes acted in a reasonable fashion either to assist Corcoran or to protect its own reasonable financial interests. However, the court concludes that on the present record, the question is one for the jury. | {
"signal": "cf.",
"identifier": "128 F.3d 1205, 1205",
"parenthetical": "requiring particular deference to the non-movant on summary judgment in discrimination cases, because such cases are based on inferences from circumstantial evidence of discriminatory motive",
"sentence": "Cf., e.g., Snow, 128 F.3d at 1205 (requiring particular deference to the non-movant on summary judgment in discrimination cases, because such cases are based on inferences from circumstantial evidence of discriminatory motive); Webb, 94 F.3d at 486 (same); Wooten, 58 F.3d at 385 (same)."
} | {
"signal": "see",
"identifier": "90 F.3d 1376, 1376-77",
"parenthetical": "on a motion for summary judgment, the court must determine whether there are genuine issues for trial",
"sentence": "See Quick, 90 F.3d at 1376-77 (on a motion for summary judgment, the court must determine whether there are genuine issues for trial); Johnson, 906 F.2d at 1237. In particular, the question of a defendant’s motive, as it can be inferred from circumstantial evidence, seems to the court to be a matter particularly appropriaté for jury determination."
} | 11,630,373 | b |
The state argues for a more expansive interpretation of the statute, asserting that the costs of attending the trial resulted from the crime because the expenses would not have been incurred "but for" Palubicki's commission of the crime. | {
"signal": "see also",
"identifier": "2004 WL 556946, at *3",
"parenthetical": "ruling that restitution is appropriate when a victim would not have incurred expense \"but for\" the unlawful activity",
"sentence": "See In re Welfare of D.D.G., 532 N.W.2d 279, 282-83 (Minn.App.1995) (ruling that because a reward offer would not have occurred “but for” the defendant’s bomb threat, the school district was entitled to restitution); see also State v. DeGrote, No. A03-908, 2004 WL 556946, at *3 (Minn. App. Mar.23, 2004) (ruling that restitution is appropriate when a victim would not have incurred expense “but for” the unlawful activity)."
} | {
"signal": "see",
"identifier": "532 N.W.2d 279, 282-83",
"parenthetical": "ruling that because a reward offer would not have occurred \"but for\" the defendant's bomb threat, the school district was entitled to restitution",
"sentence": "See In re Welfare of D.D.G., 532 N.W.2d 279, 282-83 (Minn.App.1995) (ruling that because a reward offer would not have occurred “but for” the defendant’s bomb threat, the school district was entitled to restitution); see also State v. DeGrote, No. A03-908, 2004 WL 556946, at *3 (Minn. App. Mar.23, 2004) (ruling that restitution is appropriate when a victim would not have incurred expense “but for” the unlawful activity)."
} | 8,342,272 | b |
In disparate pay cases, if a plaintiff cannot show her job responsibilities are substantially the same as the comparators, she cannot establish a prima facie case by comparing her compensation to that of the comparators. | {
"signal": "see also",
"identifier": "601 Fed.Appx. 280, 285",
"parenthetical": "plaintiff failed to establish a prima facie case of racially motivated disparate pay, because the two white comparator employees were hired at different times, held different positions, apd worked under different supervisors, and there was no evidence that the plaintiff and these white employees had similar job duties, disciplinary histories, or levels of experience",
"sentence": "See, e.g., Johnson v. TCB Const. Co., 334 Fed.Appx. 666, 670-(5th Cir.2009) (plaintiff’s attempt to compare his job to an operator’s for disparate pay purposes failed because plaintiffs work and that of the operators was not substantially the same job); see also Jackson v. Honeywell Int’l, Inc., 601 Fed.Appx. 280, 285 (5th Cir.2015) (plaintiff failed to establish a prima facie case of racially motivated disparate pay, because the two white comparator employees were hired at different times, held different positions, apd worked under different supervisors, and there was no evidence that the plaintiff and these white employees had similar job duties, disciplinary histories, or levels of experience). Simply put, “[e]mployees who hold different job positions are not similarly situated.”"
} | {
"signal": "see",
"identifier": null,
"parenthetical": "plaintiff's attempt to compare his job to an operator's for disparate pay purposes failed because plaintiffs work and that of the operators was not substantially the same job",
"sentence": "See, e.g., Johnson v. TCB Const. Co., 334 Fed.Appx. 666, 670-(5th Cir.2009) (plaintiff’s attempt to compare his job to an operator’s for disparate pay purposes failed because plaintiffs work and that of the operators was not substantially the same job); see also Jackson v. Honeywell Int’l, Inc., 601 Fed.Appx. 280, 285 (5th Cir.2015) (plaintiff failed to establish a prima facie case of racially motivated disparate pay, because the two white comparator employees were hired at different times, held different positions, apd worked under different supervisors, and there was no evidence that the plaintiff and these white employees had similar job duties, disciplinary histories, or levels of experience). Simply put, “[e]mployees who hold different job positions are not similarly situated.”"
} | 6,840,204 | b |
In light of the district court judge's extensive curative instructions, the strength of the evidence of Scott's guilt on the offenses for which he was convicted, and the jury's independence in rejecting five of the alleged predicate acts, we conclude that Scott was not prejudiced by any improper conduct on the judge's part, either individually or in the aggregate. | {
"signal": "see",
"identifier": "376 F.3d 1002, 1009",
"parenthetical": "holding that the trial judge's misconduct at trial did not prejudice the defendant in light of the court's curative instructions",
"sentence": "See United States v. Morgan, 376 F.3d 1002, 1009 (9th Cir.2004) (holding that the trial judge’s misconduct at trial did not prejudice the defendant in light of the court’s curative instructions); see also United States v. McDonald, 576 F.2d 1350, 1358 (9th Cir.1978) (noting that while charges of judicial misconduct are not “dismissed lightly,” and although a few of the judge’s remarks were “sharp, even sarcastic,” they did not warrant a new trial)."
} | {
"signal": "see also",
"identifier": "576 F.2d 1350, 1358",
"parenthetical": "noting that while charges of judicial misconduct are not \"dismissed lightly,\" and although a few of the judge's remarks were \"sharp, even sarcastic,\" they did not warrant a new trial",
"sentence": "See United States v. Morgan, 376 F.3d 1002, 1009 (9th Cir.2004) (holding that the trial judge’s misconduct at trial did not prejudice the defendant in light of the court’s curative instructions); see also United States v. McDonald, 576 F.2d 1350, 1358 (9th Cir.1978) (noting that while charges of judicial misconduct are not “dismissed lightly,” and although a few of the judge’s remarks were “sharp, even sarcastic,” they did not warrant a new trial)."
} | 3,383,320 | a |
Based on this language in the Indian General Allotment Act, courts have determined that "the protections of the Nonin-tercourse Act do not apply to land which has been rendered freely alienable by Congress, held by private parties, and subsequently acquired by an Indian tribe." | {
"signal": "see also",
"identifier": "5 F.3d 1355, 1359",
"parenthetical": "holding that \"once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply\"",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Wash., 5 F.3d 1355, 1359 (9th Cir.1993) (holding that “once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply”); Mashpee Tribe v. Watt, 542 F.Supp. 797, 803 (D.Mass.1982); Bay Mills Indian Cmty. v. State, 244 Mich.App. 739, 626 N.W.2d 169, 174 (2001); Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 130 Wash.2d 862, 929 P.2d 379, 387 (1996); cf. City of Sher- rill, N.Y. v. Oneida Indian Nation of N.Y., 544 U.S. 197, 202-03, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005) (holding that the Oneida tribe could not “unilaterally revive its ancient sovereignty” over land “through open-market purchases from current titleholders” even though the land had previously been reservation land)."
} | {
"signal": "cf.",
"identifier": "544 U.S. 197, 202-03",
"parenthetical": "holding that the Oneida tribe could not \"unilaterally revive its ancient sovereignty\" over land \"through open-market purchases from current titleholders\" even though the land had previously been reservation land",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Wash., 5 F.3d 1355, 1359 (9th Cir.1993) (holding that “once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply”); Mashpee Tribe v. Watt, 542 F.Supp. 797, 803 (D.Mass.1982); Bay Mills Indian Cmty. v. State, 244 Mich.App. 739, 626 N.W.2d 169, 174 (2001); Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 130 Wash.2d 862, 929 P.2d 379, 387 (1996); cf. City of Sher- rill, N.Y. v. Oneida Indian Nation of N.Y., 544 U.S. 197, 202-03, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005) (holding that the Oneida tribe could not “unilaterally revive its ancient sovereignty” over land “through open-market purchases from current titleholders” even though the land had previously been reservation land)."
} | 7,014,683 | a |
Based on this language in the Indian General Allotment Act, courts have determined that "the protections of the Nonin-tercourse Act do not apply to land which has been rendered freely alienable by Congress, held by private parties, and subsequently acquired by an Indian tribe." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that the Oneida tribe could not \"unilaterally revive its ancient sovereignty\" over land \"through open-market purchases from current titleholders\" even though the land had previously been reservation land",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Wash., 5 F.3d 1355, 1359 (9th Cir.1993) (holding that “once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply”); Mashpee Tribe v. Watt, 542 F.Supp. 797, 803 (D.Mass.1982); Bay Mills Indian Cmty. v. State, 244 Mich.App. 739, 626 N.W.2d 169, 174 (2001); Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 130 Wash.2d 862, 929 P.2d 379, 387 (1996); cf. City of Sher- rill, N.Y. v. Oneida Indian Nation of N.Y., 544 U.S. 197, 202-03, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005) (holding that the Oneida tribe could not “unilaterally revive its ancient sovereignty” over land “through open-market purchases from current titleholders” even though the land had previously been reservation land)."
} | {
"signal": "see also",
"identifier": "5 F.3d 1355, 1359",
"parenthetical": "holding that \"once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply\"",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Wash., 5 F.3d 1355, 1359 (9th Cir.1993) (holding that “once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply”); Mashpee Tribe v. Watt, 542 F.Supp. 797, 803 (D.Mass.1982); Bay Mills Indian Cmty. v. State, 244 Mich.App. 739, 626 N.W.2d 169, 174 (2001); Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 130 Wash.2d 862, 929 P.2d 379, 387 (1996); cf. City of Sher- rill, N.Y. v. Oneida Indian Nation of N.Y., 544 U.S. 197, 202-03, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005) (holding that the Oneida tribe could not “unilaterally revive its ancient sovereignty” over land “through open-market purchases from current titleholders” even though the land had previously been reservation land)."
} | 7,014,683 | b |
Based on this language in the Indian General Allotment Act, courts have determined that "the protections of the Nonin-tercourse Act do not apply to land which has been rendered freely alienable by Congress, held by private parties, and subsequently acquired by an Indian tribe." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that the Oneida tribe could not \"unilaterally revive its ancient sovereignty\" over land \"through open-market purchases from current titleholders\" even though the land had previously been reservation land",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Wash., 5 F.3d 1355, 1359 (9th Cir.1993) (holding that “once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply”); Mashpee Tribe v. Watt, 542 F.Supp. 797, 803 (D.Mass.1982); Bay Mills Indian Cmty. v. State, 244 Mich.App. 739, 626 N.W.2d 169, 174 (2001); Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 130 Wash.2d 862, 929 P.2d 379, 387 (1996); cf. City of Sher- rill, N.Y. v. Oneida Indian Nation of N.Y., 544 U.S. 197, 202-03, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005) (holding that the Oneida tribe could not “unilaterally revive its ancient sovereignty” over land “through open-market purchases from current titleholders” even though the land had previously been reservation land)."
} | {
"signal": "see also",
"identifier": "5 F.3d 1355, 1359",
"parenthetical": "holding that \"once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply\"",
"sentence": "Cass Cnty., 643 N.W.2d at 696; see also Lummi Indian Tribe v. Whatcom Cnty., Wash., 5 F.3d 1355, 1359 (9th Cir.1993) (holding that “once Congress removes restraints on alienation of [Indian] land, the protections of the Nonintercourse Act no longer apply”); Mashpee Tribe v. Watt, 542 F.Supp. 797, 803 (D.Mass.1982); Bay Mills Indian Cmty. v. State, 244 Mich.App. 739, 626 N.W.2d 169, 174 (2001); Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 130 Wash.2d 862, 929 P.2d 379, 387 (1996); cf. City of Sher- rill, N.Y. v. Oneida Indian Nation of N.Y., 544 U.S. 197, 202-03, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005) (holding that the Oneida tribe could not “unilaterally revive its ancient sovereignty” over land “through open-market purchases from current titleholders” even though the land had previously been reservation land)."
} | 7,014,683 | b |
At first blush, "[o]ffers made by buyers to owners would appear to be [competent] to show the value was at least equal to the offers." The former Fifth Circuit has so held in a host of condemnation cases in which a landowner sought to introduce evidence of an unaccepted offer. | {
"signal": "see",
"identifier": "355 F.2d 811, 811-14",
"parenthetical": "holding to that effect with respect to unexercised options to purchase land, which the court likened to unaccepted offers",
"sentence": "See Smith, 355 F.2d at 811-14 (holding to that effect with respect to unexercised options to purchase land, which the court likened to unaccepted offers); cf. Atlantic Coast Line R. Co., 132 F.2d at 963 (affirming exclusion of expert opinions, apparently based largely upon asking price not accepted)."
} | {
"signal": "cf.",
"identifier": "132 F.2d 963, 963",
"parenthetical": "affirming exclusion of expert opinions, apparently based largely upon asking price not accepted",
"sentence": "See Smith, 355 F.2d at 811-14 (holding to that effect with respect to unexercised options to purchase land, which the court likened to unaccepted offers); cf. Atlantic Coast Line R. Co., 132 F.2d at 963 (affirming exclusion of expert opinions, apparently based largely upon asking price not accepted)."
} | 4,198,977 | a |
Substantial evidence supports the agency's dispositive conclusion that Perez Herrera failed to establish the government of Mexico was or would be unwilling or unable to control her alleged persecutor. | {
"signal": "see also",
"identifier": "399 F.3d 1148, 1154",
"parenthetical": "record did not compel finding government unwilling or unable to control private persecutors where police took reports and investigated complaints, though unable to solve crimes",
"sentence": "See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005) (considering country reports and petitioner’s specific case in determining petitioner failed to establish the government was unable or unwilling to control persecutors); see also Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (record did not compel finding government unwilling or unable to control private persecutors where police took reports and investigated complaints, though unable to solve crimes)."
} | {
"signal": "see",
"identifier": "409 F.3d 1069, 1072",
"parenthetical": "considering country reports and petitioner's specific case in determining petitioner failed to establish the government was unable or unwilling to control persecutors",
"sentence": "See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005) (considering country reports and petitioner’s specific case in determining petitioner failed to establish the government was unable or unwilling to control persecutors); see also Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (record did not compel finding government unwilling or unable to control private persecutors where police took reports and investigated complaints, though unable to solve crimes)."
} | 4,158,738 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "see also",
"identifier": "497 U.S. 227, 242",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere",
"sentence": "See also Sawyer v. Smith, 497 U.S. 227, 242, 110 S. Ct. 2822, 2831 (1990) (concluding that the substantive rule exception “has no application” to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere)."
} | {
"signal": "no signal",
"identifier": "494 U.S. 484, 495",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule)."
} | 4,262,140 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "see also",
"identifier": "110 S. Ct. 2822, 2831",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere",
"sentence": "See also Sawyer v. Smith, 497 U.S. 227, 242, 110 S. Ct. 2822, 2831 (1990) (concluding that the substantive rule exception “has no application” to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere)."
} | {
"signal": "no signal",
"identifier": "494 U.S. 484, 495",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule)."
} | 4,262,140 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "see also",
"identifier": "497 U.S. 227, 242",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere",
"sentence": "See also Sawyer v. Smith, 497 U.S. 227, 242, 110 S. Ct. 2822, 2831 (1990) (concluding that the substantive rule exception “has no application” to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere)."
} | {
"signal": "no signal",
"identifier": "110 S. Ct. 1257, 1263-64",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule)."
} | 4,262,140 | b |
P18 By contrast, the Court has held that sentencing rules that do not "prohibit the imposition of [a particular sentence] on a particular class of persons" are not substantive. | {
"signal": "no signal",
"identifier": "110 S. Ct. 1257, 1263-64",
"parenthetical": "concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule",
"sentence": "Saffle v. Parks, 494 U.S. 484, 495, 110 S. Ct. 1257, 1263-64 (1990) (concluding that a prohibition against instructing a death penalty jury to avoid sympathy when determining punishment is not a substantive rule)."
} | {
"signal": "see also",
"identifier": "110 S. Ct. 2822, 2831",
"parenthetical": "concluding that the substantive rule exception \"has no application\" to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere",
"sentence": "See also Sawyer v. Smith, 497 U.S. 227, 242, 110 S. Ct. 2822, 2831 (1990) (concluding that the substantive rule exception “has no application” to a new rule prohibiting the imposition of capital punishment by a jury that has been led to believe that the ultimate decision to impose the death penalty rests elsewhere)."
} | 4,262,140 | a |
We do not suggest that a stipulation cannot be used to meet the requirements of West Virginia Code SS 49-6-2(c). Clearly, a stipulation is a valid means of establishing the parties' assent to the averments contained within an abuse or neglect petition. | {
"signal": "see also",
"identifier": "673 A.2d 1259, 1270",
"parenthetical": "finding that \"[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child\"",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. 5 (noting use of stipulation to make showing of abuse and neglect); see also In re D.R., 673 A.2d 1259, 1270 (D.C.Ct.App.1996) (finding that “[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child”); In re Shollenberger, No. 1995CA00135, 1996 WL 363538, slip op. at 1 (Ohio Ct.App."
} | {
"signal": "see",
"identifier": "172 W.Va. 52, 52",
"parenthetical": "noting use of stipulation to make showing of abuse and neglect",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. 5 (noting use of stipulation to make showing of abuse and neglect); see also In re D.R., 673 A.2d 1259, 1270 (D.C.Ct.App.1996) (finding that “[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child”); In re Shollenberger, No. 1995CA00135, 1996 WL 363538, slip op. at 1 (Ohio Ct.App."
} | 8,578,328 | b |
We do not suggest that a stipulation cannot be used to meet the requirements of West Virginia Code SS 49-6-2(c). Clearly, a stipulation is a valid means of establishing the parties' assent to the averments contained within an abuse or neglect petition. | {
"signal": "see also",
"identifier": "673 A.2d 1259, 1270",
"parenthetical": "finding that \"[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child\"",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. 5 (noting use of stipulation to make showing of abuse and neglect); see also In re D.R., 673 A.2d 1259, 1270 (D.C.Ct.App.1996) (finding that “[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child”); In re Shollenberger, No. 1995CA00135, 1996 WL 363538, slip op. at 1 (Ohio Ct.App."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting use of stipulation to make showing of abuse and neglect",
"sentence": "See T.C., 172 W.Va. at 52, 303 S.E.2d at 690 n. 5 (noting use of stipulation to make showing of abuse and neglect); see also In re D.R., 673 A.2d 1259, 1270 (D.C.Ct.App.1996) (finding that “[i]n a stipulation dated June 19, 1994, the mother admitted to both prenatal and postnatal drug abuse that impaired her ability to provide for her child”); In re Shollenberger, No. 1995CA00135, 1996 WL 363538, slip op. at 1 (Ohio Ct.App."
} | 8,578,328 | b |
Judge Grady ordered IH to make its files available to the PBGC because IH was unwilling to bear the expense of searching for the documents that PBGC wanted. IH apparently did not raise the problem of searching through its files to identify privileged matters, a task it claims to have undertaken previously in any event. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "disclosure pursuant to SEC subpoena without objection would result in waiver unless confidentiality was expressly reserved, e.g., by stipulation or protective order",
"sentence": "See also Transamerica, 573 F.2d at 649-50, 652 (privilege claims preserved where disclosure problems were brought to trial judge’s attention); cf. Maryville Academy v. Loeb Rhoades & Co., 559 F.Supp. 7 (N.D.Ill.1982) (compliance with SEC subpoena resulted in waiver); Teachers Insurance and Annuity Ass’n v. Shamrock Broadcasting Co., 521 F.Supp. 638 (S.D.N.Y.1981) (disclosure pursuant to SEC subpoena without objection would result in waiver unless confidentiality was expressly reserved, e.g., by stipulation or protective order)."
} | {
"signal": "see also",
"identifier": "573 F.2d 649, 649-50, 652",
"parenthetical": "privilege claims preserved where disclosure problems were brought to trial judge's attention",
"sentence": "See also Transamerica, 573 F.2d at 649-50, 652 (privilege claims preserved where disclosure problems were brought to trial judge’s attention); cf. Maryville Academy v. Loeb Rhoades & Co., 559 F.Supp. 7 (N.D.Ill.1982) (compliance with SEC subpoena resulted in waiver); Teachers Insurance and Annuity Ass’n v. Shamrock Broadcasting Co., 521 F.Supp. 638 (S.D.N.Y.1981) (disclosure pursuant to SEC subpoena without objection would result in waiver unless confidentiality was expressly reserved, e.g., by stipulation or protective order)."
} | 7,403,393 | b |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contract for services between the registrar and registrant." | {
"signal": "no signal",
"identifier": "60 F. Supp.2d 561, 561",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | {
"signal": "cf.",
"identifier": "150 Va. 796, 827",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | 165,915 | a |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contract for services between the registrar and registrant." | {
"signal": "cf.",
"identifier": "143 S.E. 317, 327",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | {
"signal": "no signal",
"identifier": "60 F. Supp.2d 561, 561",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | 165,915 | b |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contract for services between the registrar and registrant." | {
"signal": "cf.",
"identifier": "150 Va. 796, 827",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | {
"signal": "no signal",
"identifier": "392 F. Supp. 1089, 1094-95",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | 165,915 | b |
In other words, whatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from NSI's services that make the domain names operational Internet addresses. Therefore, we conclude that "a domain name registration is the product of a contract for services between the registrar and registrant." | {
"signal": "cf.",
"identifier": "143 S.E. 317, 327",
"parenthetical": "where \"contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,\" one party cannot assign it without consent of other party",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | {
"signal": "no signal",
"identifier": "392 F. Supp. 1089, 1094-95",
"parenthetical": "analyzing garnishment of services and concluding that automobile insurer's duty to defend is not gamishable",
"sentence": "Dorer, 60 F. Supp.2d at 561. A contract for services is not “a liability” as that term is used in § 8.01-511 and hence is not subject to garnishment. See Sykes v. Beal, 392 F. Supp. 1089, 1094-95 (D. Conn. 1975) (analyzing garnishment of services and concluding that automobile insurer’s duty to defend is not gamishable); cf. J. Maury Dove Co., Inc. v. New River Coal Co., 150 Va. 796, 827, 143 S.E. 317, 327 (1928) (where “contract contains mutual obligations and liabilities, or involve[s] a relation of personal confidence,” one party cannot assign it without consent of other party); McGuire v. Brown, Guardian, 114 Va. 235, 242, 76 S.E. 295, 297 (1912) (holding contract for personal services is not assignable)."
} | 165,915 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "460 U.S. 47, 47",
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "505 U.S. 678, 678",
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": "473 U.S. 803, 803-04, 806, 808-09",
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman to support, inter alia, propositions that \"[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,\" and that a * speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "relying on Lehman as stating the Court's \"usual test for reasonableness\" in a nonpublic forum",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | a |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
We reject this argument. The Court relied upon and reaffirmed Lehman's rationale in Perry and subsequent eases, and there is no suggestion in the Court's jurisprudence that the advertising panels are properly classified as designated fora. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting the same argument presented by appellants in this case and noting that \"the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "Lehman supports conclusion that there is \"room\" for \"reasonable and viewpoint-neutral content-based discrimination in nonpublic forums\"",
"sentence": "See, e.g., Perry, 460 U.S. at 47, 103 S.Ct. 948 (relying on restriction upheld in Lehman to support the proposition that selective access does not transform government property into a public forum); ISKCON, 505 U.S. at 678, 112 S.Ct. 2701 (Lehman reflects forum-based analysis and supports proposition that lower level of scrutiny applies when government acts as a proprietor); Cornelius, 473 U.S. at 803-04, 806, 808-09, 105 S.Ct. 3439 (relying on Lehman to support, inter alia, propositions that “[n]ot every instrumentality used for communication ... is a traditional public forum or a public forum by designation,” and that a • speaker may be excluded from a nonpublic forum if he wishes to address a topic not within the purpose of the forum); United States v. Kokinda, 497 U.S. 720, 725-26, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (extensively quoting from Lehman and noting the lower level of scrutiny applied to the ban on political advertising); id. at 737, 110 S.Ct. 3115 (relying on Lehman as stating the Court’s “usual test for reasonableness” in a nonpublic forum); R.A.V. v. St. Paul, 505 U.S. 377, 390 n. 6, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (Lehman supports conclusion that there is “room” for “reasonable and viewpoint-neutral content-based discrimination in nonpublic forums”); see also Lebron v. National R.R. Passenger Corp., 69 F.3d 650, 657 n. 3 (2d Cir.1995), cert. denied, 517 U.S. 1188, 116 S.Ct. 1675, 134 L.Ed.2d 778 (1996) (rejecting the same argument presented by appellants in this case and noting that “the Supreme Court has repeatedly reaffirmed a broader reading of Lehman, often specifically citing to the plurality opinion”)."
} | 11,708,063 | b |
Given this evidence and Natural Heritage's role as an advocacy organization, there is no evidence that defendants' concern for the vitality of the heronry was a pretext. As compared to plaintiff's contentions -- that defendants were motivated by Mr. Baker's dated and somewhat elusive opposition to unrealized legislation and by Mr. Baker's suit against Dr. Parsons, threatened after defendants had already expressed opposition to the proposed pier -- defendants' explanation "seems both the most logical inference and one that is wholly consistent with the alleged [delays and] irregularities" in defendants' review process. | {
"signal": "no signal",
"identifier": "964 F.2d 39, 39, 43",
"parenthetical": "holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit \"failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit “failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views”); see also Cloutier, 714 F.2d at 1192 (“It is difficult to infer that defendants were motivated by dislike of plaintiffs’ exercise of free speech rather than simply by disapproval of the proposed [pier].”); cf. Pilgrim, 118 F.3d at 871 (“The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].”)."
} | {
"signal": "see also",
"identifier": "714 F.2d 1192, 1192",
"parenthetical": "\"It is difficult to infer that defendants were motivated by dislike of plaintiffs' exercise of free speech rather than simply by disapproval of the proposed [pier].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit “failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views”); see also Cloutier, 714 F.2d at 1192 (“It is difficult to infer that defendants were motivated by dislike of plaintiffs’ exercise of free speech rather than simply by disapproval of the proposed [pier].”); cf. Pilgrim, 118 F.3d at 871 (“The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].”)."
} | 11,545,198 | a |
Given this evidence and Natural Heritage's role as an advocacy organization, there is no evidence that defendants' concern for the vitality of the heronry was a pretext. As compared to plaintiff's contentions -- that defendants were motivated by Mr. Baker's dated and somewhat elusive opposition to unrealized legislation and by Mr. Baker's suit against Dr. Parsons, threatened after defendants had already expressed opposition to the proposed pier -- defendants' explanation "seems both the most logical inference and one that is wholly consistent with the alleged [delays and] irregularities" in defendants' review process. | {
"signal": "no signal",
"identifier": "964 F.2d 39, 39, 43",
"parenthetical": "holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit \"failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit “failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views”); see also Cloutier, 714 F.2d at 1192 (“It is difficult to infer that defendants were motivated by dislike of plaintiffs’ exercise of free speech rather than simply by disapproval of the proposed [pier].”); cf. Pilgrim, 118 F.3d at 871 (“The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].”)."
} | {
"signal": "cf.",
"identifier": "118 F.3d 871, 871",
"parenthetical": "\"The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit “failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views”); see also Cloutier, 714 F.2d at 1192 (“It is difficult to infer that defendants were motivated by dislike of plaintiffs’ exercise of free speech rather than simply by disapproval of the proposed [pier].”); cf. Pilgrim, 118 F.3d at 871 (“The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].”)."
} | 11,545,198 | a |
Given this evidence and Natural Heritage's role as an advocacy organization, there is no evidence that defendants' concern for the vitality of the heronry was a pretext. As compared to plaintiff's contentions -- that defendants were motivated by Mr. Baker's dated and somewhat elusive opposition to unrealized legislation and by Mr. Baker's suit against Dr. Parsons, threatened after defendants had already expressed opposition to the proposed pier -- defendants' explanation "seems both the most logical inference and one that is wholly consistent with the alleged [delays and] irregularities" in defendants' review process. | {
"signal": "cf.",
"identifier": "118 F.3d 871, 871",
"parenthetical": "\"The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit “failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views”); see also Cloutier, 714 F.2d at 1192 (“It is difficult to infer that defendants were motivated by dislike of plaintiffs’ exercise of free speech rather than simply by disapproval of the proposed [pier].”); cf. Pilgrim, 118 F.3d at 871 (“The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].”)."
} | {
"signal": "see also",
"identifier": "714 F.2d 1192, 1192",
"parenthetical": "\"It is difficult to infer that defendants were motivated by dislike of plaintiffs' exercise of free speech rather than simply by disapproval of the proposed [pier].\"",
"sentence": "Custodio, 964 F.2d at 39, 43 (holding that the plaintiffs First Amendment retaliation claim regarding a waste disposal permit “failfed] for lack of evidence that whatever shortcomings and irregularities occurred were in retaliation for [his] personal political views”); see also Cloutier, 714 F.2d at 1192 (“It is difficult to infer that defendants were motivated by dislike of plaintiffs’ exercise of free speech rather than simply by disapproval of the proposed [pier].”); cf. Pilgrim, 118 F.3d at 871 (“The only inference that can be drawn ... is that for whatever reason [plaintiff] received different treatment, it was as likely due to a clash of personalities as [racial discrimination].”)."
} | 11,545,198 | b |
Plaintiffs first attempted to obtain relief from the Federal Energy Regulatory Commission ("FERC") or the United States Court of Appeals for the Ninth Circuit. These efforts were unsuccessful. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.”), cert. denied, 552 U.S. 1076, 128 S.Ct. 804,169 L.Ed.2d 606 (2007); see also City of Redding v. FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]”)."
} | {
"signal": "see also",
"identifier": "693 F.3d 828, 841",
"parenthetical": "\"FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.”), cert. denied, 552 U.S. 1076, 128 S.Ct. 804,169 L.Ed.2d 606 (2007); see also City of Redding v. FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]”)."
} | 4,301,830 | a |
Plaintiffs first attempted to obtain relief from the Federal Energy Regulatory Commission ("FERC") or the United States Court of Appeals for the Ninth Circuit. These efforts were unsuccessful. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.”), cert. denied, 552 U.S. 1076, 128 S.Ct. 804,169 L.Ed.2d 606 (2007); see also City of Redding v. FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]”)."
} | {
"signal": "see also",
"identifier": "693 F.3d 828, 841",
"parenthetical": "\"FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.”), cert. denied, 552 U.S. 1076, 128 S.Ct. 804,169 L.Ed.2d 606 (2007); see also City of Redding v. FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]”)."
} | 4,301,830 | a |
Plaintiffs first attempted to obtain relief from the Federal Energy Regulatory Commission ("FERC") or the United States Court of Appeals for the Ninth Circuit. These efforts were unsuccessful. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.”), cert. denied, 552 U.S. 1076, 128 S.Ct. 804,169 L.Ed.2d 606 (2007); see also City of Redding v. FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]”)."
} | {
"signal": "see also",
"identifier": "693 F.3d 828, 841",
"parenthetical": "\"FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]\"",
"sentence": "See Bonneville Power Admin. v. FERC, 422 F.3d 908, 911 (9th Cir. 2005) (“Bonneville ”) (“We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities.”), cert. denied, 552 U.S. 1076, 128 S.Ct. 804,169 L.Ed.2d 606 (2007); see also City of Redding v. FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the nonpublic utilities and explained that it was establishing just and reasonable rates in order to determine the appropriate refund amount for public entities[.]”)."
} | 4,301,830 | a |
The government's entire case consists of four pieces of circumstantial evidence: (1) a hat with multiple DNA matches worn by Bonner was also worn by one of the robbers; (2) Bonner's wallet, discovered in the alleged getaway car; (3) phone records showing calls from Bonner's cell phone to Ms. Edmonds and Mr. Ruth the night after the robbery; and (4) a separate phone record showing a call from a nearby gas station to Ms. Edmonds. While it is possible to convict a defendant solely on circumstantial evidence, in cases where the identity of the perpetrator is in dispute, usually there is some specific "identity" evidence or uncontroverted physical evidence that links the defendant to the scene of the crime. | {
"signal": "see",
"identifier": "269 Fed.Appx. 338, 342",
"parenthetical": "evidence included fingerprints, an in-court identification, and handwriting expert when DNA evidence was inconclusive",
"sentence": "See, e.g., United States v. Warren, 593 F.3d 540, 547 (7th Cir.2010) (defendant was found in possession of stolen money); United States v. Kittrell, 269 Fed.Appx. 338, 342 (4th Cir.2008) (evidence included fingerprints, an in-court identification, and handwriting expert when DNA evidence was inconclusive); Foster, 507 F.3d at 245 (evidence of identity included evidence of past attempts to kill victim, letters instructing defendant to kill victim, and a taped conversation in which defendant was confronted about murdering victim and did not deny it); cf. United States v. Hinton, 366 Fed.Appx. 481, 484 (4th Cir.2010) (relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant)."
} | {
"signal": "cf.",
"identifier": "366 Fed.Appx. 481, 484",
"parenthetical": "relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant",
"sentence": "See, e.g., United States v. Warren, 593 F.3d 540, 547 (7th Cir.2010) (defendant was found in possession of stolen money); United States v. Kittrell, 269 Fed.Appx. 338, 342 (4th Cir.2008) (evidence included fingerprints, an in-court identification, and handwriting expert when DNA evidence was inconclusive); Foster, 507 F.3d at 245 (evidence of identity included evidence of past attempts to kill victim, letters instructing defendant to kill victim, and a taped conversation in which defendant was confronted about murdering victim and did not deny it); cf. United States v. Hinton, 366 Fed.Appx. 481, 484 (4th Cir.2010) (relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant)."
} | 3,740,057 | a |
The government's entire case consists of four pieces of circumstantial evidence: (1) a hat with multiple DNA matches worn by Bonner was also worn by one of the robbers; (2) Bonner's wallet, discovered in the alleged getaway car; (3) phone records showing calls from Bonner's cell phone to Ms. Edmonds and Mr. Ruth the night after the robbery; and (4) a separate phone record showing a call from a nearby gas station to Ms. Edmonds. While it is possible to convict a defendant solely on circumstantial evidence, in cases where the identity of the perpetrator is in dispute, usually there is some specific "identity" evidence or uncontroverted physical evidence that links the defendant to the scene of the crime. | {
"signal": "see",
"identifier": "507 F.3d 245, 245",
"parenthetical": "evidence of identity included evidence of past attempts to kill victim, letters instructing defendant to kill victim, and a taped conversation in which defendant was confronted about murdering victim and did not deny it",
"sentence": "See, e.g., United States v. Warren, 593 F.3d 540, 547 (7th Cir.2010) (defendant was found in possession of stolen money); United States v. Kittrell, 269 Fed.Appx. 338, 342 (4th Cir.2008) (evidence included fingerprints, an in-court identification, and handwriting expert when DNA evidence was inconclusive); Foster, 507 F.3d at 245 (evidence of identity included evidence of past attempts to kill victim, letters instructing defendant to kill victim, and a taped conversation in which defendant was confronted about murdering victim and did not deny it); cf. United States v. Hinton, 366 Fed.Appx. 481, 484 (4th Cir.2010) (relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant)."
} | {
"signal": "cf.",
"identifier": "366 Fed.Appx. 481, 484",
"parenthetical": "relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant",
"sentence": "See, e.g., United States v. Warren, 593 F.3d 540, 547 (7th Cir.2010) (defendant was found in possession of stolen money); United States v. Kittrell, 269 Fed.Appx. 338, 342 (4th Cir.2008) (evidence included fingerprints, an in-court identification, and handwriting expert when DNA evidence was inconclusive); Foster, 507 F.3d at 245 (evidence of identity included evidence of past attempts to kill victim, letters instructing defendant to kill victim, and a taped conversation in which defendant was confronted about murdering victim and did not deny it); cf. United States v. Hinton, 366 Fed.Appx. 481, 484 (4th Cir.2010) (relying on eyewitness evidence to show that there was sufficient evidence to implicate defendant)."
} | 3,740,057 | a |
This is so because it was incorporated into the pleadings by reference -- the complaint specifically mentioned it as the Plan under which the Van Nattas' claims arose against Sara Lee. See Deerbrook Pavilion, L.L. | {
"signal": "no signal",
"identifier": "235 F.3d 1100, 1101",
"parenthetical": "stating that \"[o]n a motion to dismiss, a court must primarily consider the allegations contained in the complaint, although matters of public and administrative record referenced in the complaint may also be taken into account\"",
"sentence": "C. v. Shalala, 235 F.3d 1100, 1101 (8lh Cir.2000) (stating that \"[o]n a motion to dismiss, a court must primarily consider the allegations contained in the complaint, although matters of public and administrative record referenced in the complaint may also be taken into account”); Venture Assocs."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "examining a press release even though it was not expressly part of the pleadings because it was incorporated by reference into the pleadings",
"sentence": "Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) (indicating that \"[djocu-ments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff’s complaint and are central to [its] claim”); see also Moses.com Sec., Inc. v. Comprehensive Software Sys., Inc., 406 F.3d 1052, 1063 n. 2 (8th Cir.2005) (examining a press release even though it was not expressly part of the pleadings because it was incorporated by reference into the pleadings)."
} | 3,425,410 | a |
This is so because it was incorporated into the pleadings by reference -- the complaint specifically mentioned it as the Plan under which the Van Nattas' claims arose against Sara Lee. See Deerbrook Pavilion, L.L. | {
"signal": "see also",
"identifier": null,
"parenthetical": "examining a press release even though it was not expressly part of the pleadings because it was incorporated by reference into the pleadings",
"sentence": "Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) (indicating that \"[djocu-ments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff’s complaint and are central to [its] claim”); see also Moses.com Sec., Inc. v. Comprehensive Software Sys., Inc., 406 F.3d 1052, 1063 n. 2 (8th Cir.2005) (examining a press release even though it was not expressly part of the pleadings because it was incorporated by reference into the pleadings)."
} | {
"signal": "no signal",
"identifier": "987 F.2d 429, 431",
"parenthetical": "indicating that \"[djocu-ments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to [its] claim\"",
"sentence": "Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) (indicating that \"[djocu-ments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff’s complaint and are central to [its] claim”); see also Moses.com Sec., Inc. v. Comprehensive Software Sys., Inc., 406 F.3d 1052, 1063 n. 2 (8th Cir.2005) (examining a press release even though it was not expressly part of the pleadings because it was incorporated by reference into the pleadings)."
} | 3,425,410 | b |
. Father also argues the juvenile court was hostile to ICWA and Father's rights as an American Indian. After considering Father's argument we conclude it is without merit. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"",
"sentence": "See State v. Mathews, 13 Utah 2d 391, 375 P.2d 392, 394 (Utah 1962) (rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"); see also State v. Carter, 776 P.2d 886, 888 (Utah 1989) (stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\")."
} | {
"signal": "see also",
"identifier": "776 P.2d 886, 888",
"parenthetical": "stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\"",
"sentence": "See State v. Mathews, 13 Utah 2d 391, 375 P.2d 392, 394 (Utah 1962) (rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"); see also State v. Carter, 776 P.2d 886, 888 (Utah 1989) (stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\")."
} | 9,452,945 | a |
. Father also argues the juvenile court was hostile to ICWA and Father's rights as an American Indian. After considering Father's argument we conclude it is without merit. | {
"signal": "see",
"identifier": "375 P.2d 392, 394",
"parenthetical": "rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"",
"sentence": "See State v. Mathews, 13 Utah 2d 391, 375 P.2d 392, 394 (Utah 1962) (rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"); see also State v. Carter, 776 P.2d 886, 888 (Utah 1989) (stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\")."
} | {
"signal": "see also",
"identifier": "776 P.2d 886, 888",
"parenthetical": "stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\"",
"sentence": "See State v. Mathews, 13 Utah 2d 391, 375 P.2d 392, 394 (Utah 1962) (rejecting claim of bias and concluding trial court acted within \"considerable latitude permitted in dealing with counsel to expedite trial\"); see also State v. Carter, 776 P.2d 886, 888 (Utah 1989) (stating it is an \"established principle generally applicable to all civil and criminal cases ... that this Court need not analyze and address in writing each and every argument, issue, or claim raised\")."
} | 9,452,945 | a |
Of those calls, 13 were minimized. I am satisfied that the government's efforts at minimization in these categories were reasonable. | {
"signal": "see also",
"identifier": "508 F.2d 873, 873",
"parenthetical": "list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relatively high yet their interception was reasonable); see also United States v. Quintana, 508 F.2d at 873 (list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls); see e.g. United States v. James, 494 F.2d at 1018."
} | {
"signal": "see",
"identifier": "436 U.S. 140, 140",
"parenthetical": "percentage of nonperti-nent calls was relatively high yet their interception was reasonable",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relatively high yet their interception was reasonable); see also United States v. Quintana, 508 F.2d at 873 (list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls); see e.g. United States v. James, 494 F.2d at 1018."
} | 7,356,366 | b |
Of those calls, 13 were minimized. I am satisfied that the government's efforts at minimization in these categories were reasonable. | {
"signal": "see also",
"identifier": "508 F.2d 873, 873",
"parenthetical": "list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relatively high yet their interception was reasonable); see also United States v. Quintana, 508 F.2d at 873 (list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls); see e.g. United States v. James, 494 F.2d at 1018."
} | {
"signal": "see",
"identifier": "98 S.Ct. 1724, 1724",
"parenthetical": "percentage of nonperti-nent calls was relatively high yet their interception was reasonable",
"sentence": "See Scott v. United States, 436 U.S. at 140, 98 S.Ct. at 1724 (percentage of nonperti-nent calls was relatively high yet their interception was reasonable); see also United States v. Quintana, 508 F.2d at 873 (list of cases finding minimization reasonable even though there was an uninterrupted interception of all calls); see e.g. United States v. James, 494 F.2d at 1018."
} | 7,356,366 | b |
Legal Aid is correct, as far as it goes, that the Second Circuit expressly has ruled that Legal Aid is not a state actor. | {
"signal": "no signal",
"identifier": "445 F.2d 1150, 1157",
"parenthetical": "holding that although Legal Aid provides services for indigent criminal defendants which governmental agencies otherwise might have to assume, it is a private institution \"in no manner under State or City supervision or control\"",
"sentence": "Lefcourt v. Legal Aid Soc., 445 F.2d 1150, 1157 (2d Cir.1971) (holding that although Legal Aid provides services for indigent criminal defendants which governmental agencies otherwise might have to assume, it is a private institution “in no manner under State or City supervision or control”); Housand v. Heiman, 594 F.2d 923, 924-25 (2d Cir.1979) (public defenders and court-appointed defense attorneys do not “act under color of law”); see also Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 453, 70 L.Ed.2d 509 (1981) (“[A] public defender does not act under color of state law when performing a lawyer’s traditional functions as counsel to a defendant in a criminal proceeding.”)."
} | {
"signal": "see also",
"identifier": "454 U.S. 312, 325",
"parenthetical": "\"[A] public defender does not act under color of state law when performing a lawyer's traditional functions as counsel to a defendant in a criminal proceeding.\"",
"sentence": "Lefcourt v. Legal Aid Soc., 445 F.2d 1150, 1157 (2d Cir.1971) (holding that although Legal Aid provides services for indigent criminal defendants which governmental agencies otherwise might have to assume, it is a private institution “in no manner under State or City supervision or control”); Housand v. Heiman, 594 F.2d 923, 924-25 (2d Cir.1979) (public defenders and court-appointed defense attorneys do not “act under color of law”); see also Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 453, 70 L.Ed.2d 509 (1981) (“[A] public defender does not act under color of state law when performing a lawyer’s traditional functions as counsel to a defendant in a criminal proceeding.”)."
} | 650,755 | a |
Subsets and Splits