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3 May 2018, 6:17 am by Second Circuit Civil Rights Blog
The Second Circuit (Lynch, Lohier and Reiss [D.J.]) joins the crowd and holds that "Section 1981 does not provide a separate private right of action against state actors. [read post]
28 Mar 2018, 8:32 am
Dear Lord, thank you for this food and for bringing our son, D.J., home safe from Syria. [read post]
23 Mar 2018, 5:32 am by Second Circuit Civil Rights Blog
The Court of Appeals (Katzmann, Kearse and Oetken [D.J.]) says it was "eminently reasonable for fire officials to temporarily prevent Bruno from entering her home while the fire on the premises was still under investigation. [read post]
13 Mar 2018, 7:22 am by Second Circuit Civil Rights Blog
Plaintiff invites the Court of Appeals to extend the Golden Rule to summations when they address liability, but the Court of Appeals (Cabranes, Raggi and Vilardo [D.J.]) will not do so.Barrella argues that Hardwick’s counsel engaged in “golden rule” argumentation during closing, which asks jurors to place themselves in the position of a party. [read post]
12 Mar 2018, 6:29 am by Second Circuit Civil Rights Blog
" The Court of Appeals (Hall and Bolden [D.J.] with Droney in dissent) concludes:While a close question, NYMH because of its history and continuing purpose, through its Department of Pastoral Care, is a “religious group,” and since Mr. [read post]
2 Feb 2018, 2:28 pm by John Smolen
” The Committee’s paper – a follow on to a white paper originally published in 2008 – was previewed in late November in a discussion about removing federal barriers to infrastructure development, which was held in Washington D.C. among the paper’s authors, President Trump’s Special Assistant for infrastructure, D.J. [read post]
1 Feb 2018, 6:12 am by Second Circuit Civil Rights Blog
LLC, 737 F.3d 834, 847 (2d Cir. 2013).The Second Circuit (Livingston, Carney and Korman [D.J.]) says there is no way the plaintiff can get around this. [read post]
26 Jan 2018, 6:26 am by Second Circuit Civil Rights Blog
Hence, qualified immunity for the defendants.The Court of Appeals (Katzmann, Kearse and Oetken [D.J.]) now holds that the trial court got it right on remand and that the officers get qualified immunity. [read post]
19 Jan 2018, 6:07 am by Second Circuit Civil Rights Blog
The Court of Appeals (Carney, Calabresi and Amon [D.J.] says:  Ultimately, we think Matal compels the conclusion that defendants have unconstitutionally discriminated against WD's viewpoint by denying its Lunch Program applications because WD branded itself and its products with ethnic slurs. [read post]
11 Jan 2018, 5:56 am by Second Circuit Civil Rights Blog
The Second Circuit (Livingston, Lynch and Rakoff [D.J.]) states,First, it is not clearly established that all crime lab records are testimonial. [read post]
5 Dec 2017, 7:14 am by Second Circuit Civil Rights Blog
The Court of Appeals (Leval, Hall and McMahon [D.J.]) reinstates the case, holding that dismissal was too harsh a remedy "because the dereliction of Plaintiffs' attorney could be appropriately dealt with by a monetary sanction on the attorney, instead of so harshly sanctioning the Plaintiffs who were innocent of the dereliction. [read post]
25 Nov 2017, 6:36 am
Braber, Terrorism as a new generation transnational crime: prosecuting terrorism at the International Criminal Court Alejandro Chehtman, Terrorism and the conceptual divide between international and transnational criminal law Ilias Bantekas, Cybercrime and its sovereign spaces: an international law perspective Nicolò Bussolati, Domestic and international legal approaches to the repression of politically-motivated cyber attacks Giulio Nessi, Transnational prosecution of grand corruption… [read post]
9 Nov 2017, 12:09 pm by Second Circuit Civil Rights Blog
The Court (Jacobs, Lynch and Crotty [D.J.]) writes:The fact that the officers asked to be contacted at the conclusion of the medical evaluation rather than remain physically present during it cannot be read as having transformed their affirmative “interference” with Bumbolo’s violence and their unwaveringly adversarial posture toward him throughout the interdiction into a “plainly transmitted [] message that what he did was permissible and would not cause him… [read post]
11 Oct 2017, 6:01 am by Second Circuit Civil Rights Blog
In addition, the Court (Lohier, Droney and Rakoff [D.J.]) says, "there is no plausible allegation that the speech at issue was on a matter of public concern rather than 'calculated to redress a personal grievance' between Bhattacharya and his students. [read post]