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Wait A Second!

Wait A Second!

Covers civil rights opinions of the United States Court of Appeals for the Second Circuit. By Bergstein & Ullrich, LLP.

http://secondcircuitcivilrights.blogspot.com/
  • Oct 31

    To Heck with a habeas petition, I'm suing under Section 1983!

    To Heck with a habeas petition, I'm suing under Section 1983!
    Section 1983 is the federal civil rights statute that allows you to recover damages for the violation of your civil rights. In this case, a guy was convicted in state court and then filed suit in federal court, claiming his rights were…
  • Oct 28

    Facebook pages have to be authenticated for use at trial

    Facebook pages have to be authenticated for use at trial
    Do law students appreciate how importance Evidence class is? Everything a litigator does requires consideration of the rules of evidence. A great case can fall apart if it depends on hearsay. And a great document may be useless if it is not…
  • Oct 24

    Another look at when discriminatory comments are enough to win the case

    Another look at when discriminatory comments are enough to win the case
    Many discrimination cases are won on the basis of circumstantial evidence. Some cases involve direct evidence, which certainly makes life easier for everyone in determining whether the plaintiff should win the case. The question then becomes…
Rank this Week: 3817

SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Oct 31

    SCOTUS for law students: Reargument

    SCOTUS for law students: Reargument
    Few procedures at the Supreme Court are more mysterious than the decision to reargue a case. Rearguments are rare among the approximately seventy cases that are argued each Term. Even rarer is any discussion or explanation of the process by…
  • Oct 31

    Friday round-up

    Friday round-up
    Happy Halloween!  Next week the Court resumes oral arguments, starting with Zivotofsky v. Kerry, in which the Court will consider the constitutionality of a federal statute that directs the Secretary of State, upon request, to record the…
  • Oct 30

    Petition of the day

    Petition of the day
    The petition of the day is: Walker v. Texas Division, Sons of Confederate Veterans, Inc. 14-144 Issue: (1) Whether the messages and images that appear on state-issued specialty license plates qualify as government speech immune from…
Rank this Week: 11

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Oct 31

    Legal commentary on CBS 6 o’clock new

    Legal commentary on CBS 6 o’clock new
    The lead story on the 6 o’clock news featured Dallas County Judge Clay Jenkins, Dallas Mayor Mike Rawlings, and me. Here is the video:
  • Oct 30

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief
    This afternoon, Texas Supreme Court Justice Don Willett and Austin lawyer Don Cruse spoke at a continuing legal education seminar.  Among other things, they addressed amicus briefs filed in the Supreme Court. The court requests a…
  • Sep 29

    Appellate Judges Education Institute seminar in Dallas, TX

    Appellate Judges Education Institute seminar in Dallas, TX
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s…
Rank this Week: 2650

One Court of Justice

One Court of Justice

Covers Michigan's appellate courts. By Warner Norcross & Judd LLP.

http://www.wnj.com/Blogs/Appellate
  • Oct 31

    COA reminder: Clerk's office staffed late on Election Day for election-related matter

    COA reminder: Clerk's office staffed late on Election Day for election-related matter
    Posted on the Michigan Court of Appeals website this morning: The Court of Appeals and Court of Claims Clerk's Offices will be staffed until 9:00 p.m. on Election Day to respond as necessary to any election related matters that arise. …
  • Oct 31

    COA requires trial to prove consent as an exception to the warrant requirement under §1983

    COA requires trial to prove consent as an exception to the warrant requirement under §1983
    Consent to a residence search may provide police with a way around the warrant requirement under the Fourth Amendment, but it won’t get them around the need for a trial. In Lavigne v. Forshee, No. 312530, a §1983 action, the Court…
  • Oct 28

    MLive Media Group endorses Zahra, Redford, & Viviano for MSC

    MLive Media Group endorses Zahra, Redford, & Viviano for MSC
    The MLive Media Group Editorial Board has endorsed incumbents Brian Zahra and David Viviano and Kent County Circuit Court Judge James Robert Redford in next Tuesday's election for the Michigan Supreme Court.
Rank this Week: 4139

Legal Legacy

Legal Legacy

Provides book reviews and analyses of notable Supreme Court cases.

http://legallegacy.wordpress.com
  • Oct 31

    October 31, 1864 – Nevada Joins the Union as the 36th State

    October 31, 1864 – Nevada Joins the Union as the 36th State
    On this day in history, 150 years ago, Nevada became the Union’s 36th state. Statehood for Nevada was expedited for political reasons. By 1964, although the Civil War was winding down, President Lincoln was facing a tough re-election…
  • Oct 29

    October 29, 1929 – Official Date of the 1929 Stock Market Crash

    October 29, 1929 – Official Date of the 1929 Stock Market Crash
    Four days prior to the big crash, the Republican President of the United States, Herbert Hoover, said, “The fundamental business of the country … is on a sound and prosperous basis.” Americans at the turn of the 20th…
  • Oct 27

    October 27, 1858 – Birthdate of Theodore Roosevelt

    October 27, 1858 – Birthdate of Theodore Roosevelt
    On this day, the man who would become the 26th President of the United States was born in New York City. Roosevelt was 42 years old when sworn in as President of the United States in September 1901, after the assassination of President…
Rank this Week: 4237

California Appellate Report

California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases, by University of San Diego School of Law Professor Shaun Martin.

http://calapp.blogspot.com/
  • Oct 30

    Edwards v. Lake Elsinore USD (Cal. Ct. App. - Oct. 30, 2014)

    Edwards v. Lake Elsinore USD (Cal. Ct. App. - Oct. 30, 2014)
    The good news for Lori Edwards is that the Court of Appeal holds that the trial court erroneously held that her complaint against the Lake Elsinore Unified School District was barred by the relevant limitations period.The bad news, however,…
  • Oct 30

    NRDC v. US DOT (9th Cir. - Oct. 30, 2014)

    NRDC v. US DOT (9th Cir. - Oct. 30, 2014)
    Fear not.  Judge Wardlaw -- a resident of L.A. -- understands that trying to get out of the Port of Los Angeles and connect to the 405 is even scarier than four uncostumed teenagers showing up on your doorstep at 9:30 p.m. tomorrow night…
  • Oct 29

    In Re A.B. (Cal. Ct. App. - Oct. 29, 2014)

    In Re A.B. (Cal. Ct. App. - Oct. 29, 2014)
    You read a ton of dependency cases in which drugs are involved.  Not surprisingly.  Drugs and kids simply do not mix very well.It's usually methamphetamine or marijuana or cocaine.  But this case is slightly different:"Just…
Rank this Week: 194

Supremo Tribunal Federal

Supremo Tribunal Federal

News from the Supreme Court in Brazil.

http://www.stf.jus.br/portal/cms/listarNoticiaUltima.asp
Rank this Week: 255

At the Lectern: Practicing Before…

At the Lectern: Practicing Before the California Supreme Court

Features news and commentary on the practice of law before the California Supreme Court. By Horvitz & Levy LLP.

http://www.atthelectern.com/
  • Oct 30

    To have and un-hold

    To have and un-hold
    Every Supreme Court grant of review is not necessarily followed by briefing on the merits, an oral argument, and a written opinion. One thing the court can do is grant review and send the case right back to the Court of Appeal for further…
  • Oct 29

    Death penalty opinion filing tomorrow

    Death penalty opinion filing tomorrow
    The Supreme Court will file tomorrow morning its opinion in People v. Adams, an automatic appeal from a July 2003 judgment of death.  Adams was argued on the September calendar. The opinion can be viewed tomorrow starting at 10:00…
  • Oct 28

    Getting relief for a late petition for review might not be a hopeless cause

    Getting relief for a late petition for review might not be a hopeless cause
    On the list of appellate lawyer nightmares — an appropriate topic considering that Halloween is only a few days away — forgetting to file a timely notice of appeal probably ranks first.  (For literal nightmares, first place…
Rank this Week: 4663

Supreme People's Court Monitor

Supreme People's Court Monitor

Focuses on China's highest court. By Susan Finder.

http://supremepeoplescourtmonitor.com/
  • Oct 30

    4th Plenum and What Ruling the Military According to Law mean

    4th Plenum and What Ruling the Military According to Law mean
    The Supreme People’s Court Observer contributed a brief blogpost to the Global Military Justice Reform blog on what the 4th Plenum Decision means for Chinese military law, linked here.The Global Military Justice Reform blog, based…
  • Oct 23

    4th Plenum and the Supreme People’s Court

    4th Plenum and the Supreme People’s Court
    According to the Wechat postings of one of its members, the judicial reform office of the Supreme People’s Court has been working overtime for months to prepare for the 4th Plenum.  It appears, at least from the initial 4th Plenum…
  • Oct 8

    Supreme People’s Court’s prescription for the disease of judicial corruption

    Supreme People’s Court’s prescription for the disease of judicial corruption
    In a build up to the National Day holiday (and since), the Supreme People’s Court (the Court) has focused some of its attention on combating the disease of judicial corruption.  The prescription is in the form of three types of…
Rank this Week: 1906

Gavel to Gavel

Gavel to Gavel

Covers trends in legislative activity as it relates to the courts. By the National Center for State Courts.

http://gaveltogavel.us/
Rank this Week: 4018

Eastern District of Texas Federal…

Eastern District of Texas Federal Court Practice

Devoted to practice in the U.S. District Court for the Eastern District of Texas, with special emphasis on patent litigation. By Michael C. Smith.

http://mcsmith.blogs.com/eastern_district_of_texas/
  • Oct 30

    "Update of Federal Courts and Federal Rules of Civil Procedure" - 2014 Advanced Civil Trial course panel

    "Update of Federal Courts and Federal Rules of Civil Procedure" - 2014 Advanced Civil Trial course panel
    Unfortunately this panel fell so soon after last week's bench bar that I was not able to get a post up on it ahead of time, but I was fortunate to be able to pinch-hit moderating a distinguished panel yesterday...
  • Oct 24

    Please Stand For the Jury ....

    Please Stand For the Jury ....
    Had one of my favorite moments as a ED Tex lawyer just now. We just started the panel of actual, real live former jurors from patent cases that will be talking to us about their experiences. When the jurors entered...
  • Oct 24

    ED Tex Bench Bar - Delaware and EDTex judges panel

    ED Tex Bench Bar - Delaware and EDTex judges panel
    Enjoying the panel on best practices in patent docket with ED Tex judges Leonard Davis and Rodney Gilstrap and Delaware judges Leonard Stark and Sue Robinson.
Rank this Week: 233

The Florida Legal Blog

The Florida Legal Blog

Focuses Florida appellate and the Eleventh Circuit Court of Appeals decisions. By Jeffrey Kuntz.

http://www.floridalegalblog.org/
  • Oct 30

    Trust Account Wire Receipts Are Not Privileged

    Trust Account Wire Receipts Are Not Privileged
    In Sweetapple, Broeker & Varkas, P.L. v. Simmon (3D14-1543), the Third District addressed whether trust account wire receipts showing transfers to Sweetapple, Broeker & Varkas, P.L. (“the Firm”) are…
  • Oct 30

    Florida Supreme Court Removes County Court Judge From Bench

    Florida Supreme Court Removes County Court Judge From Bench
    Today in Inquiry Concerning a Judge, No. 11-550 RE: Judith W. Hawkins (No. SC12-2495), the Florida Supreme Court considered the recommendations of the Judicial Qualifications Commission with regard to "alleged violations of the Code…
  • Apr 17

    Florida Supreme Court: Pregnancy Discrimination Covered by Florida Civil Rights Act

    Florida Supreme Court: Pregnancy Discrimination Covered by Florida Civil Rights Act
    In Delva v. The Continental Group, Inc. (SC12-2315), the Florida Supreme Court held that pregnancy discrimination is covered by the Florida Civil Rights Act. Justice Pariente wrote the majority opinion and was joined by Justices Quince,…
Rank this Week: 4048

Second Circuit Blog

Second Circuit Blog

Feature case summaries and commentary by the Federal Defenders office in New York City.

http://circuit2.blogspot.com/
Rank this Week: 2240

Sixth Circuit Appellate Blog

Sixth Circuit Appellate Blog

Covers news about and opinions issued by the U.S. Court of Appeals for the sixth Circuit with an emphasis on business cases. By Squire Sanders.

http://www.sixthcircuitappellateblog.com/
  • Oct 30

    Sixth Circuit Judicial Conference Scheduled for May 2015

    Sixth Circuit Judicial Conference Scheduled for May 2015
    The Sixth Circuit has announced that the 73rd Judicial Conference will be held May 13-15, 2015 in Detroit.  Many of us may recall that the last open conference was a victim of Congressional budget cuts and sequestration, so it is…
  • Oct 28

    District Court Spoliation Sanctions Likely To Be Upheld By Sixth Circuit, Except When The Remedies Are Too Harsh

    District Court Spoliation Sanctions Likely To Be Upheld By Sixth Circuit, Except When The Remedies Are Too Harsh
    Earlier this year, we posted a feature analyzing how the Sixth Circuit has not been hesitant in imposing sanctions under Federal Appellate Rule 38 for frivolous and unwarranted appeals.  Our research of Sixth Circuit opinions from the…
  • Oct 27

    Girl Scouts v. Girl Scouts: ERISA Win

    Girl Scouts v. Girl Scouts: ERISA Win
    In a lengthy opinion last week, the Sixth Circuit resolved an intra-Girl Scouts retirement plan dispute that began in 2005. In so doing, the appellate panel demonstrated the broad preemption powers of ERISA and clarified the law’s…
Rank this Week: 3594

Court News Ohio

Court News Ohio

Provides case announcements and decision highlights. From the Supreme Court of Ohio and Ohio Government Telecommunications.

http://www.courtnewsohio.gov/
Rank this Week: 3913

Southern District of Florida Blog

Southern District of Florida Blog

Provides news and notes regarding federal practice in the Southern District of Florida. By David Markus

http://sdfla.blogspot.com/
  • Oct 29

    "As Kim Kardashian is with her husband, I'm not going to keep you long."

    "As Kim Kardashian is with her husband, I'm not going to keep you long."
    That was Chief Judge Ed Carnes today at Robin Rosenbaum's investiture. It was a great event with lots of good speeches.  Judge Carnes also invoked the song "Don't Rock the Boat Baby" in describing the importance of collegiality on the…
  • Oct 27

    Big unpublished opinion from the 11th Circuit reversing because of a judge's refusal to ask voir dire questions related to sexual preference prejudice

    Big unpublished opinion from the 11th Circuit reversing because of a judge's refusal to ask voir dire questions related to sexual preference prejudice
    Judge Martin issued this 2-1 opinion in United States v. Bates, holding that it was reversible error not to ask potential jurors about their biases against "men who have sex with men." Northern District of Florida Judge Robert Hinkle…
  • Oct 27

    "Never dance with a Cuban."

    "Never dance with a Cuban."
    That was Justice Sonia Sotomayor, speaking at an event at Yale with Justices Thomas and Alito (see post below for more on the event and Alito getting turned away from brunch).  The Washington Post covers Justice Sotomayor's dance…
Rank this Week: 285

Ninth Circuit Blog

Ninth Circuit Blog

Provides case summaries and commentary. By Federal Defenders of the Ninth Circuit.

http://circuit9.blogspot.com/
  • Oct 29

    [Ed. note -- Jon asked me to step in for a…

    [Ed. note -- Jon asked me to step in for a few days while he's out of the office.] US v. Swisher, No. 11-35796 (Ikuta with Alarcon; concurrence in judgment by Tashima).  Isn't this case déjà vu?  The defendant…
  • Oct 26

    Case o' The Week: Crawford + Apprendi = Magic -- Salvador (aka "Magic") Vera and Cop Expert Testimony

    Case o' The Week: Crawford + Apprendi = Magic -- Salvador (aka "Magic") Vera and Cop Expert Testimony
    Hon. Judge Raymond FisherMix Crawford and Apprendi, and good things are bound to follow. United States v. Vera, 2014 WL 5352727(9thCir. Oct. 22, 2014), decision available here. Players:Decision by Judge Fisher, joined by Judges Noonan and…
  • Oct 24

    US v. Castro-Ponce, No. 13-10377 (Gould…

    US v. Castro-Ponce, No. 13-10377 (Gould with Reinhardt and Berzon).  The 9th makes clear that before a court finds that an upward adjustment for obstruction of justice based on false testimony is appropriate, the court must explicitly…
Rank this Week: 253

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Oct 29

    New OCSC website for Appellate info

    New OCSC website for Appellate info
    Orange County Superior Court has launched a new webpage to provide information about appeals. News release is here and the new Appeals Webpage is here.Today's DJ features another article by Justice Hoffstadt, this one titled "Deputizing…
  • Oct 24

    Vote to Retain 2d District Justice

    Vote to Retain 2d District Justice
    The Los Angeles County Bar Association urges the electorate to vote to retain the eleven 2d District Justices in the November 4 election. That's probably not news to this blawg's readers, but please share this information with all your…
  • Oct 24

    Funny Stuff

    Funny Stuff
    At SCAN, we realize our readers expect only a serious tone in addresses appellate items. For that reason, we've held off (until now) linking to the Justices-as-dogs bit that's been all over the internet (and on blawgs like How Appealing, ABA…
Rank this Week: 107

AsktheJudge.info

AsktheJudge.info

Educational site for and about teens and the law. By retired juvenile judge Tom Jacobs.

http://www.askthejudge.info/
  • Oct 28

    The “f-word” leads to four days in jail

    The “f-word” leads to four days in jail
    That’s right, and they were said in a court building. 23-year-old, Valerie Perez, was in court in Illinois for a speeding ticket. After waiting most of the morning for her case to be called, the judge took a break. Perez was over heard…
  • Oct 21

    What is unlawful “symbol” burning?

    What is unlawful “symbol” burning?
    Eric Minerault of Prescott, Arizona recently found out what this crime is. In August, 2014, the 22-year-old was arrested and booked into jail. Standing on the steps of a mission, Eric burned and then urinated on a Bible. The wet Bible was…
  • Oct 15

    An exceptional act of kindness by teen

    An exceptional act of kindness by teen
    You may have heard about this tragedy that occurred in August, 2014 in Arizona. But you may not have heard the rest of the story. A 9-year-old New Jersey girl was at a gun range with her parents. She was being taught by a 39-year-old ... The…
Rank this Week: 1725

Third Circuit Blog

Third Circuit Blog

Case summaries and commentary by Federal Defenders of the Third Circuit.

http://circuit3.blogspot.com/
Rank this Week: 563

Changing the Court

Changing the Court

A chronicle of how a group of planners and practitioners are attempting to change the Bronx court system's approach to low-level criminal offending. From the Center for Court Innovation.

http://changingthecourt.blogspot.com/
  • Oct 28

    New BCS Group - Know Your Right

    New BCS Group - Know Your Right
    Today, we began a new pilot group for BCS participants called "Know Your Rights," run by BCS partner organization MFY Legal Services. MFY Legal Services is an organization that provides free legal assistance to vulnerable and underserved…
  • Oct 15

    BCS Helps Out with Special Graffiti Cleanup in the 44th Precinct

    BCS Helps Out with Special Graffiti Cleanup in the 44th Precinct
    BCS clients, crew supervisor and officers worked together on a special clean-up project in the 44th PrecinctBCS has worked with the Community Affairs Unit of the 44thprecinct removing graffiti for over seven years. We have a day…
  • Oct 6

    BCS Hosts Community Advisory Board Meeting

    BCS Hosts Community Advisory Board Meeting
                                   On Wednesday, September 17th, the Bronx Community Solutions’…
Rank this Week: 2253

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Oct 27

    Do Statutory Prevailing Party Attorney Fees Apply in Lawsuits Under Local Law Pension Plans?

    Do Statutory Prevailing Party Attorney Fees Apply in Lawsuits Under Local Law Pension Plans?
    Regina Keenan The Florida Supreme Court in Board of Trustees of the City Pension Fund for Firefighters & Police Officers in the City of Tampa v. Parker (SC 12-890) held that parties that prevail on claims for benefits under local law…
  • Oct 27

    The Constitutionality Of Law Enforcement’s Use Of Cell Phone Data To Track Suspect

    The Constitutionality Of Law Enforcement’s Use Of Cell Phone Data To Track Suspect
    Kristen Larson and Regina Keenan In Tracey v. State (SC11-2254), the Florida Supreme Court held that a trial court erred in admitting evidence obtained from real time cell site location tracking which was not authorized by a court order, and…
  • Oct 25

    Supreme Court Addresses Uninsured Motorist Insurance and Stacking Coverage

    Supreme Court Addresses Uninsured Motorist Insurance and Stacking Coverage
    John Koeppel On Thursday the Florida Supreme Court reversed a decision by the First District Court of Appeal regarding uninsured motorist (UM) insurance, Travelers Commercial Ins. Co. v. Harrington, 86 So. 3d 1274 (Fla. 1st DCA 2012), and…
Rank this Week: 1778

Federalist Society SCOTUScast

Federalist Society SCOTUScast

Provides expert commentary on U.S. Supreme Court cases as they are argued and issued. By the Federalist Society for Law & Public Policy Studies.

http://fedsoc.server326.com/audio/SCOTUScast/SCOTUScast.xml
  • Oct 27

    Integrity Staffing Solutions v. Busk - Post-Argument SCOTUScast

    Integrity Staffing Solutions v. Busk - Post-Argument SCOTUScast
    On October 8, 2014, the Supreme Court heard oral argument inIntegrity Staffing Solutions v. Busk. This case concerns whether time employees spend undergoing mandatory security screenings after work is compensable under the Fair Labor…
  • Oct 24

    Heien v. North Carolina - Post-Argument SCOTUScast

    Heien v. North Carolina - Post-Argument SCOTUScast
    On October 6, 2014, the Supreme Court heard oral argument inHeien v. North Carolina.The question in this case is whether a police officer’s mistaken understanding of a law can provide the reasonable suspicion that the Fourth Amendment…
  • Oct 23

    Warger v. Shauers - Post-Argument SCOTUScast

    Warger v. Shauers - Post-Argument SCOTUScast
    On October 8, 2014, the Supreme Court heard oral arguments inWarger v. Shauers. The question in this case is whether, under Federal Rule of Evidence 606(b), a party moving for a new trial may rely upon juror testimony regarding…
Rank this Week: 1255

Supreme Court of Vermont Law Blog

Supreme Court of Vermont Law Blog

Features summaries and legal analysis of Vermont Supreme Court decisions.

http://scovlegal.blogspot.com/
  • Oct 27

    Bail, Briefly

    Bail, Briefly
    State v. Campbell, 2014 VT 113 (mem.)By Andrew DelaneyThose of you that read a lot of SCOV opinions know all about the “rocket docket” opinions. (This is also a sure sign that you need to get out more.) They’re usually…
  • Oct 27

    Errors: Sometimes They’re Harmle

    Errors: Sometimes They’re Harmle
    State v. Wilt, 2014 VT 114 By Elizabeth KruskaOn the day after Christmas in 2011, Maureen Wilt invited her neighbor over for dinner. They cooked, they had wine, they ate, and when they were done, Mr. Neighbor (we don’t know…
  • Oct 21

    What We Talk About When We Talk About Due Proce

    What We Talk About When We Talk About Due Proce
    Hogaboom v. Jenkins, 2014 VT 11By Andrew HigleyIn the most recent installment of delinquent-tax-sale gone wrong, SCOV makes sure to put the “due” in “due process.” The question in this case is the classic procedural…
Rank this Week: 3055

Ratio Juris

Ratio Juris

Offers perspectives on judicial decisionmaking and the legal process. By Professors Jim Chen, Alfred Brophy, Stefanie Lindquist, R.J. Lipkin, Chad M. Oldfather, Lori A. Ringhand, and Elizabeth Weeks.

http://ratiojuris.blogspot.com/
Rank this Week: 2286

Sixth Circuit Blog

Sixth Circuit Blog

Features case summaries and commentary by Federal Defenders of the Sixth Circuit.

http://circuit6.blogspot.com/
  • Oct 24

    On issue preservation and non-guideline sentence

    On issue preservation and non-guideline sentence
    In United States v. Sherer, et. al (found here), a bank robbery case, the Sixth Circuit recently reminded folks how to properly preserve several issues, and also more extensively addressed variances based on mathematical accidents within the…
  • Oct 14

    Court limits "use" a firearm in connection with another felony

    Court limits "use" a firearm in connection with another felony
    In United States v. Norris, the Court remanded for resentencing with instructions to eliminate a enhancement for "using" a firearm in connection with another felony offense.  In Norris, the defendant plead guilty to selling a firearm to…
  • Sep 23

    The Guidelines mean what they say and say what they mean (and, how to preserve your issue)

    The Guidelines mean what they say and say what they mean (and, how to preserve your issue)
    Yesterday, in United States v. Snelling, No. 12-4288, the Sixth Circuit affirmed USSG § 2B1.1(B)(1) and its commentary actually mean what is written. The case concerned a Ponzi scheme that took in almost $9 million, but also paid out…
Rank this Week: 2244

Supreme Court

Supreme Court

Supreme Court news. From PBS NewsHour.

http://www.pbs.org/newshour/rundown/?t=supreme-court
  • Oct 23

    Despite appellate rulings, 3 states refuse to allow gay union

    Despite appellate rulings, 3 states refuse to allow gay union
    Demonstrators march in Columbia, South Carolina, on Wednesday, June 26, 2013, in celebration after the U.S. Supreme Court struck down the Defense of Marriage Act. Photo by Tim Dominick/The State/MCT via Getty ImagesWASHINGTON — The…
  • Oct 18

    Supreme Court OKs Texas voter ID law for November election

    Supreme Court OKs Texas voter ID law for November election
    WASHINGTON — The Supreme Court said Saturday that Texas can use its controversial new voter identification law for the November election. A majority of the justices rejected an emergency request from the Justice Department and civil…
  • Oct 17

    ‘Breaking In’ explores Sotomayor’s Supreme Court disruptions and breakthrough

    ‘Breaking In’ explores Sotomayor’s Supreme Court disruptions and breakthrough
    Watch Video | Listen to the AudioRELATED LINKS8 things you didn’t know about Supreme Court Justice Sonia Sotomayor Justice Sotomayor Talks Life Before and on the Bench in ‘My Beloved World’ Sotomayor delays birth control…
Rank this Week: 4885

Texas Appellate Law Blog

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/
  • Oct 23

    Texas Appellate Courts Get a Major Website Upgrade

    Texas Appellate Courts Get a Major Website Upgrade
    If you’ve received CaseMail updates this week, you’ve likely noticed something new when clicking on the link embedded in your notification emails. Last Friday, the Texas appellate courts got a major online upgrade with the…
  • Sep 8

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?
    When used appropriately, hyperlinks to specific portions of the record or to on-point authorities can be a very effective tool in the appellate lawyer’s arsenal. But are recent developments enhancing that tool or effectively taking it…
  • Aug 6

    Justice Moseley’s Departure Creates Unusual Election Scenario

    Justice Moseley’s Departure Creates Unusual Election Scenario
    In early June, Fifth Court of Appeals Justice Jim Moseley (pictured) announced that he would be leaving the Court this month. He has since decided to join Gray, Reed & McGraw, where he will chair the firm’s appellate section. I have…
Rank this Week: 860

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 1966

New York Court Watcher

New York Court Watcher

Covers the United States Supreme Court, the New York Court of Appeals and other federal and state appeals courts. By Professor Vincent Martin Bonventre.

http://www.newyorkcourtwatcher.com/
  • Oct 20

    NY Court of Appeals: Cuomo Chooses Stein Over Graffeo (Part 1)

    NY Court of Appeals: Cuomo Chooses Stein Over Graffeo (Part 1)
    (Link to today's interview on Fred Dicker: Live at the State Capitol below) Last Friday, Governor Andrew Cuomo made his selection for the Court of Appeals, New York's highest court. He appointed a very fine judge, Leslie Stein, instead of…
  • Oct 12

    Part 4 [The Guv's Delay]--NY Court of Appeals: The List for the Graffeo Seat

    Part 4 [The Guv's Delay]--NY Court of Appeals: The List for the Graffeo Seat
    As all Court watchers and political junkies in New York know, Governor Andrew Cuomo deliberately chose not to make his pick for the Court of Appeals by the deadline. Instead, on that day, Friday, October 3--the end of the 30-day period in…
  • Sep 29

    Part 3a [Correction]--NY Court of Appeals: The List for the Graffeo Seat

    Part 3a [Correction]--NY Court of Appeals: The List for the Graffeo Seat
    As now added to the previous post, Part 3, the Albany County Bar Association changed its rating of Preeta D. Bansal upon appeal from "Not Qualified" to "Qualified." As reported by Joel Stashenko in the New York Law…
Rank this Week: 1122

the Ninth

the Ninth

Tracks the trends of the country's biggest and busiest court of appeals, the Ninth Circuit. By McGuire Coats LLP.

http://www.theninthcircuit.com/
Rank this Week: 4954

Juries

Juries

Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.

http://juries.blogspot.com/
  • Oct 9

    Consultation Paper on Jury Empanelment in Victoria, Australia

    Consultation Paper on Jury Empanelment in Victoria, Australia
    The Victoria Law Commission has finalized its report on juror empanelment.  The report, which is available here, examines the following three areas Peremptory challenges and the Crown's right to stand aside Calling of the panel…
  • Oct 8

    Warger v. Shauers Oral Argument

    Warger v. Shauers Oral Argument
    Today, the United States Supreme Court will hear oral argument in Warger v. Shauers.Sheila Birnbaum will be arguing for respondent (Randy D. Shauers).Sarah E. Harrington who represents the solicitor general's office will also be arguing for…
  • Oct 7

    Jury Voting Paradoxe

    Jury Voting Paradoxe
    Jason IulianoAbstract (to read the entire article go here)The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these…
Rank this Week: 1334

Oral Arguments

Oral Arguments

From the Eighth Circuit U.S. Court of Appeals.

http://www.ca8.uscourts.gov
Rank this Week: 67

Supreme Court Haiku

Supreme Court Haiku

The Law of the Land in Seventeen Syllables.

http://supremecourthaiku.com/blog1/
Rank this Week: 2754

UK Supreme Court Blog

UK Supreme Court Blog

Covers the UK Supreme Court and its judgments.

http://ukscblog.com/
  • Oct 3

    Next week at the Supreme Court and upcoming highlights in the Michaelmas term

    Next week at the Supreme Court and upcoming highlights in the Michaelmas term
    As the new legal term – Michaelmas – begins, here is an overview of a few of the interesting cases… The post Next week at the Supreme Court and upcoming highlights in the Michaelmas term appeared first on UKSCBlog.
  • Oct 3

    Conservative human rights and the Supreme Court

    Conservative human rights and the Supreme Court
    The Conservatives have today published Protecting Human Rights in the UK: the Conservatives’ proposals for changing Britain’s human rights laws.… The post Conservative human rights and the Supreme Court appeared first on…
  • Oct 2

    Case Preview: R (Barclay & Anor) v Secretary of State for Justice and Lord Chancellor & Or

    Case Preview: R (Barclay & Anor) v Secretary of State for Justice and Lord Chancellor & Or
    On 30 June 2014, the Supreme Court heard a case brought by British businessmen Sir David and Sir Frederick Barclay… The post Case Preview: R (Barclay & Anor) v Secretary of State for Justice and Lord Chancellor & Ors appeared…
Rank this Week: 196

Underneath Their Robes

Underneath Their Robes

News, gossip, and colorful commentary about the federal judiciary.

http://underneaththeirrobes.blogs.com/main/
  • Sep 25

    Building Buzz for Supreme Ambition

    Building Buzz for Supreme Ambition
    Never in her wildest dreams did Article III Groupie imagine that she'd be the author of a well-reviewed novel boasting blurbs from the likes of Chief Judge Alex Kozinski and Judge Richard A. Posner. What more could a girl ask...
  • Sep 5

    A New Site for Fans of Underneath Their Robe

    A New Site for Fans of Underneath Their Robe
    Article III Groupie has a new project. If you would be interested in reading about a young lawyer's quest to join the ranks of the Elect, i.e., to secure a Supreme Court clerkship, check out the link below. Preface [Supreme Ambitions]
  • Feb 4

    In re Underneath Their Robe

    In re Underneath Their Robe
    Alas, this blog is no longer active. Of course, please feel free to browse through the extensive archives.
Rank this Week: 2568

ECJBlog

ECJBlog

Features news about the European Court of Justice. By Allard Knook.

http://courtofjustice.blogspot.com/
  • Jul 25

    Case C-600/12, Commission v Greece

    Case C-600/12, Commission v Greece
    Greek infringing EU law by not prohibiting uncontrolled management of landfill site at Natura 2000 site>> The Waste Framework Directive (Directive 2008/98, herinafter: „ WFD”) requires Member States to take the necessary…
  • Jul 25

    Case C‑338/13, Noorzia

    Case C‑338/13, Noorzia
    Requiring minimum age 21 by date of application reunification of spouses not infringing Directive on right to family reunification>> The Directive on the right to family reunification (Directive 2003/86/EC) lays down the conditions…
  • Jul 15

    Case C-573/12, Ålands Vindkraft

    Case C-573/12, Ålands Vindkraft
    Swedish support scheme promoting green energy production in national territory compatible with EU law>> The Renewable Energy Directive (Directive 2009/28) allows Member States to support the production of green energy. Member States…
Rank this Week: 2202

Confirm Them

Confirm Them

Covers the judicial confirmation battles in the United States Senate.

http://www.confirmthem.com/
  • Jul 22

    My Review Of LifeCell 30 Day Trial

    My Review Of LifeCell 30 Day Trial
    LifeCell 30 Day Free Trial – How Good Is It Really? Is it even possible to pass up a free trial on the latest anti-ageing product, that just so happens to be taking Hollywood by storm? Well I didn’t think so, which is why I…
  • Jul 21

    Anti Aging Face Creams For Oily Skin

    Anti Aging Face Creams For Oily Skin
    Anti Ageing Face Cream for Oily Skin                Finding the right face cream for your skin can be as important as eating the right variety of foods. Your skin needs all…
  • Jul 21

    Anti Aging Creams For Dry Skin

    Anti Aging Creams For Dry Skin
    Anti Ageing Face Cream for Dry Skin                Dry skin can be one of the hardest skin conditions to have to deal with. You might already drink plenty of water, keep…
Rank this Week: 461

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
  • Jun 10

    Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment

    Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment
    The fourth hearsay exception found in Texas Rules of Evidence 803 pertains statements made for the purpose of receiving a medical diagnosis or treatment. In order to fall within this exception, the statement must describe: the…
  • Feb 2

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition
    The third hearsay exception – TRE’s 803(3) then existing mental, emotional or physical condition – is also similar to the first hearsay exception, the present sense impression.  As its name implies, this exception…
  • Sep 8

    Hearsay Exception #2 – The Excited Utterance Exception

    Hearsay Exception #2 – The Excited Utterance Exception
    Hearsay exception number two – the excited utterance exception – is often confused with previously-discussed hearsay exception number one, the present sense impression.  And while they are similar, and even on occasion,…
Rank this Week: 3154

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 2815

Second Opinions

Second Opinions

Covers the United States Court of Appeals for the Second Circuit and its opinions. By Sanford Hausler.

http://secondopinions.blogspot.com/
  • May 6

    Foreign Securitie

    Foreign Securitie
    The Second Circuit as  a matter  of first impression, considered whether the bar on extraterritorial application of the United States securities laws, as set forth in Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010),…
  • Mar 24

    Penal Law Rule

    Penal Law Rule
    In an interpleader action brought by the United States, the District Court granted summary judgment to Brazil, one of the parties who claimed entitlement to certain funds, holding that Brazil was entitled to the funds under a Brazilian…
  • Nov 19

    Charbuck

    Charbuck
    The Second Circuit upheld the decision of the District Court and held that a company's use of its "Mr. Charbucks" and "Charbucks Blend" trademarks is not likely to dilute by blurring Starbuck's trademarks.The decision in Starbucks Corp. v.…
Rank this Week: 2246

The Buck Stops Here

The Buck Stops Here

Covers education law, politics, and the judiciary. By Stuart Buck.

http://stuartbuck.blogspot.com/
  • Apr 21

    If KIPP is so bad, what does that say about poor minority parents?

    If KIPP is so bad, what does that say about poor minority parents?
    Education blogger Jim Horn, who doesn't let accuracy interfere with his eagerness to condemn charter schools, has yet another post decrying KIPP and similar schools for being eugenicist. He claims that what's going on is "cultural and…
  • Apr 17

    Relative vs. Absolute Poverty Measure

    Relative vs. Absolute Poverty Measure
    In discussions over poverty and education policy in the United States, it is common to see international comparisons. These comparisons usually make the United States look quite bad -- i.e., 21% of our children are in poverty compared to 4%…
  • Mar 7

    Ravitch's math

    Ravitch's math
    In a recent post, Diane Ravitch decries the fact that Chicago charters expel a higher percentage of kids than do the other public schools: The data reveal that during the last school year, 307 students were kicked out of charter schools,…
Rank this Week: 2161

European Court of Human Rights

European Court of Human Rights

Covers court decisions and information.

http://ecohr.blogspot.com/
  • Jan 19

    Hrant Dink Murder on Seventh Anniversary of his Death

    Hrant Dink Murder on Seventh Anniversary of his Death
    Thousands took part in a walk in İstanbul on Sunday commemorating the seventh anniversary of the death of Hrant Dink, showing that there remains a persistent conviction that connections behind his assassination have been covered up by…
  • Jan 11

    Davutoğlu clarifies ‘Assad lesser evil' statement

    Davutoğlu clarifies ‘Assad lesser evil' statement
    Foreign Minister Ahmet Davutoğlu has slammed the use of the word “jihadist” in an English translation for the Turkish word “mücahid” to describe the slogan employed by some of Prime Minister Recep Tayyip…
  • Sep 23

    Case of Ahmet Atahür Söyler v. Turkey

    Case of Ahmet Atahür Söyler v. Turkey
    Case of Ahmet Atahür Söyler v. Turkey (Application no. 29411/07)JUDGMENT (17 September 2013)STRASBOURGPROCEDURE1. The case originated in an application (no. 29411/07) against the Republic of Turkey lodged with the Court under…
Rank this Week: 3119

Split Circuits

Split Circuits

Tracks developments concerning splits among the federal circuit courts. By University of Richmond School of Law Professor A. Benjamin Spencer.

http://splitcircuits.blogspot.com/
Rank this Week: 2292

DailyWrit

DailyWrit

Covers the US Supreme Court. By Kedar Bhatia.

http://dailywrit.com
  • Apr 23

    Agreement Between Justices Scalia and Thomas During October Term 2012

    Agreement Between Justices Scalia and Thomas During October Term 2012
    Over at Twitter, Mike Sacks posted an interesting question about the agreement rate between Justices Scalia and Thomas during October Term 2012: Is it me, or have Thomas and Scalia been on opposite sides a lot more this term than in the past?…
  • Jan 24

    Advocates Arguing from Private Practice (OT 2000-2011)

    Advocates Arguing from Private Practice (OT 2000-2011)
    In my last post, I provided a list of the top Supreme Court advocates of the twenty-first century who had never worked in the Office of the Solicitor General. As a comment on that post mentions, some who made my list had previous experience…
  • Jan 24

    Top Supreme Court Advocates of the Twenty-First Century

    Top Supreme Court Advocates of the Twenty-First Century
    I have a new Article out in the Journal of Legal Metrics entitled Top Supreme Court Advocates of the Twenty First Century. You can download the article here here. This Article identifies the Supreme Court litigators who have argued at least…
Rank this Week: 110