Search for: "Jon C. Thompson"
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1 Apr, 2008 1:22 am
... , or hearing under this subchapter." 42 U.S.C. § 2000e-3(a) (emphasis added). By application of the plain language of the statute, plaintiff Eric L. Thompson is clearly not included in the class of persons for whom Congress ... to or associated" with employees who engage in protected activity, it simply
begs the question, how close it close enough? In Thompson, the relationship was a fiancee. It is safe to assume liability will also extend to
action taken against spouses. What about boyfriends and ...
25 May 1:40 am
... suggest it was. Peter Leeson discusses the "private law" developed by Somali pirates. 27 - A few legal academics might suggest that the Supreme Court's Iqbal decision indicates a
Vogon-like obsession with bureaucratic detail at the expense of the bigger picture. Jon Siegel and Howard Wasserman weigh in, with Siegel
desribing the decision as "icky" and Wasserman calling it a "doozy". Language, gentlemen! Walter Olson, no fan of broad notice pleading, rounds up other takes on the decision. 28 - In
...
13 Feb 6:50 am
... reasonableness on appeal but did not object to the sentence's reasonableness before the district court." (M. Smith joined by Thompson and
Tashima concurring on the review standard) This case involved possession of child pornography. The guidelines were between 41-51 ... in the circuits as to the proper standard of review
when there has been no objection to the reasonableness of the sentence. The D.C., 7th and 10th Circuits use an abuse of discretion so as to avoid traps for the unwary or
formulaic ...
21 Dec, 2007 2:47 am
... argues that his right to allocute was hampered, or constrained, by the court's failure to seal the courtroom. The 9th (Thomas joined by Thompson with Kleinfeld concurring) rejected the appeal. The 9th stressed that defendant had an opportunity to allocute, but that right is not unlimited, and
... as to require the giving of a sample, and through the least burdensome means. Congratulationss to AFPD Gail Ivers of the C. D. Ca. (Los Angeles) for the win. U.S. v.
Berber-Tinoco, No. 06-50684 (12-19-07). ...
26 Mar, 2008 6:08 am
... federal authorities the regulation of matters concerning the "price, route or service" provided by airlines [49 U.S.C. §41713(b)(1)]. . . . The panel recognized that it had
not previously defined the term "service" as used in ... decision could help fuel the push for a federal version of the Passenger Bill of Rights. Last March, Representative Mike
Thompson, a California Democrat, introduced a bill in the House of Representatives that would require airlines to submit contingency plans for
long delays ...
24 Feb 8:10 am
... Berkeley Center for Law, Business and the Economy Boalt Hall University of California at Berkeley Jon D. Hanson Alfred Smart Professor in
Law Harvard Law School Claire Hill ... . Kraakman Ezra Ripley Thayer Professor of Law Harvard Law School Donald C. Langevoort Thomas Aquinas Reynolds Professor of Law Georgetown
University Law Center ... II Professor of Law and Business Vanderbilt University Law School Samuel C. Thompson Professor of Law, Arthur
Weiss Distinguished Faculty Scholar, and Director Center ...
24 Jun 4:17 am
... He had been deported in 1994 but had not been informed of 212(c) discretionary relief. If he had been so informed, the district court believed ... Pregerson and Storm) agreed
and affirmed the dismissal. The government had conceded that 212(c) relief was available, but that the defendant at that time would not have met the 7-year ... allowed evidence,
but then said it would not have changed its sentence. The 9th (Thompson joined by Peterson and Fogey) held that the 9th follows the 2nd
Circuit, and the ...
23 Jul 9:29 am
... (9th Cir. 1998). In Lowe, the 9th held that a district court's discretionary denial of a 18 U.S.C. 3582(c)(2) sentence reduction motion was unreviewable on appeal.
Now, in light of Booker and Carty, 520 F.3d 984 (9th Cir ... up drugs. The district court allowed the stop and seizure and the 9th affirms. The 9th (Fogel joined by Pregerson (!) and
Thompson) first classifies this as an extended border search. The 9th goes through an extended, and useful, discussion of the distinctions
between a border ...
3 Jan, 2007 6:24 am
... 07). Petitioner gets only one bite out of the relief apple. If the petitioner gets waiver relief under former 212(c for certain removable offenses, he cannot also get
cancellation relief under 1229b, even if the waiver and cancellation would ... the denial of an asylum claim because she is transgendered and may suffer torture if deported back to
Mexico. The 9th (Thompson) grants relief and remands because the BIA erred in using the recitation of facts in a state court opinion when those
facts were ...
15 May 10:21 am
... a 210 month sentence, but had it vacated because of an Apprendi error. On resentencing, the court imposed consecutive sentences of 60 months each. The 9th (Thompson joined by Pregerson and Fogel) affirmed because the statute 18 U.S.C. 1791 required the sentences to run consecutively and the sentence was
not vindictive. The sentences, moreover, were not unreasonable. The court could consider other drugs smuggled ...
29 Jun 5:46 am
... while here illegally and serves a sentence has not, and cannot, leave to return and be found. Although the appeals lost, the AFPDs from C.D. Ca (Los Angeles) made impressive
arguments rooted in the Guidelines own statutory language. U.S. v. Showalter, No. ... 08-50109 (6-26-09). The 9th rejects another attempt to get out of a plea for a fair and just
reason. The 9th (Thompson joined by Pregerson and Fogel) hold that "new evidence" does not include here witnesses who were readily available at
the time ...
25 Aug 7:57 am
U.S. v. George, No. 08-30339 (8-25-09). The 9th (Thompson joined by Canby and Callahan) rejects constitutional challenges to SORNA. The 9th
held that a defendant convicted of a federal crime had to ... As the 9th summed up: "Although the BOP is afforded wide discretion in promulgating regulations governing the
administration of 18 U.S.C. § 3621(e), it must comply with its obligation under the APA to articulate its rationale for exercising such discretion. The administrative record
before us is devoid ...
4 Nov 2:42 am
... v. Liera, No. 07-50546 (11-4-09). In an appeal from alien smuggling, the 9th (Pregerson joined by Nelson and Thompson) hold that
defendant's statements should be suppressed because of the delay in getting him before a magistrate. The 9th also holds ... , the defendant was not arraigned until 30 hours later. The
9th found the delay was a violation of McNabb-Mallory and 3501(c). This statute provides a 6-hour safe harbor for appearances, and allows for later appearances if the delay is
reasonable. The ...
29 Mar, 2007 8:23 am
... You Can Bring Gun to Capitol, But Not Through D.C. and observes: The arrest this week of Phillip Thompson, an aide to Sen. James
Webb (D-Va.) who carried a loaded ... Capitol, they cannot legally get them there, said Lt. Jon Shelton, the longtime head of the D.C.
police department's gun unit. "They can't ... Webb's silence increases the suspicion that he either has broken or continues to break the D.C. law, more or less daring the local
authorities to do anything about it. That could be posturing; as ...
9 Feb 9:00 pm
... qualifying "serious violent felonies." 18 U.S.C. § 3559(c). blank">U.S. v. Thompson, __ F.3d _ (4th Cir., Feb ... the
prosecutor has the burden to prove the existence of circumstances to enable an enhanced sentence. I doubt Thompson will get far through an en
banc petition for the entire Circuit Court to rehear his case ... or governor. In the meantime, until mandatory life sentencing is abolished, governments should consider home detention
options for older prisoners if not outright release. Jon Katz
4 Oct, 2007 10:09 pm
... totally new and innovative organization called the Counterterrorism and Intelligence Treaty Organization, or C.I.T.O. (1) This is to be a one-world, all-seeing eye
organization, which will ... and thus was in charge of the FDA, that arranged for the approval of microchipping humans. Five months later, Thompson promptly resigned his post, and within five months he became a ... . 04. Ibid. 05. Ibid. 06. Washington Times, Aug. 20, 2007, by Jon Ward, Ottawa, Canada. 07. Reuters News Service, Sep. 1, 2007, ...
26 Dec, 2008 6:00 am
... liquidation and disposition of distressed businesses (including so-called "assignments for the benefit of creditors" or "ABC's"). What motivated Jon to commit himself to this public service? Apparently, frustration! Now while most lawyers let out their frustrations ... assignee) and, if so: a. What
qualifications must that third party satisfy? b. How is that third party selected? c. Is there a process to direct the actions of the third party or to approve decisions made by
the third party? d. Who ...
14 Jan, 2008 9:00 pm
... . Around late 1990, I attended part of the annual NORML conference, in Washington, D.C., which was a much smaller event than today. I was mesmerized by Paul Krassner's
talking ... and got belly laughs from his jokes; learned that Hunter Thompson's no-show was Hunter Thompson being Hunter Thompson; and felt less isolated when, unknowingly, I was a few ... Jack's Emperor Wears No
Clothes, he autographed it below a message saying: "Jon- Start from page one, and teach it to the world. Nobody can beat a fact. ...
12 Sep 9:00 pm
Around late 1990, I attended part of the annual NORML conference, in Washington, D.C., which was a much smaller event than today. I was very taken by Paul Krassner's talking ...
and got belly laughs from his jokes; was told that Hunter Thompson's no-show was Hunter Thompson
being Hunter Thompson; and felt less isolated on such important issues ... Jack's Emperor Wears No Clothes, he autographed it below a message
saying: "Jon- Start from page one, and teach it to the world. Nobody can beat a fact. Love ...
28 Mar, 2008 6:00 am
... spat: (IP Law360), (Anticipate This!), (Patently-O), (Chicago IP Litigation Blog), It's time to acknowledge Jon Dudas' major achievement:
(IAM), (response from Patent Prospector), (IAM), Patents and the Bush Administration: Grading Jon ... will seek injunction preventing Hynix
Semiconductor from designing memory chips that infringe its patent: (IP Law360), RIAA - Cliff Thompson, sued by the RIAA for copyright
infringement, asks Supreme Court to decide whether record labels should be forced to pay ...
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