Search for: "In Re Federal Communications Commission, Petitioner"
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6 Jan 2009, 10:26 am
In Re Bay Delta Programmatic Environmental Impact Report Coordinated Proceedings (2008) 43 Cal.4th 1143 - In 2000, CALFED, a consortium of federal and state water agencies, certified a programmatic EIR/EIS for a 30-year Delta water management strategy. [read post]
12 Dec 2008, 9:00 am
Colombia Colombian trade marks just got a little slower (IP tango) Croatia Simplified process for renewing customs watch applications, from 1 January 2009 (Class 46) Europe European Court of Justice rules on genuine use in Austrian charity reference: Verein Radetzky-Orden v Bundesvereinigung Kameradschaft ‘Feldmarschall Radetzky’ (Class 46) (IPKat) CFI decides BARBARA BECKER confusingly similar to earlier Community trade mark BECKER… [read post]
20 Oct 2008, 6:46 pm
U.S. 2nd Circuit Court of Appeals, October 14, 2008 In re Vincent Basciano, No. 082157 Writ of mandamus seeking judge's recusal based on government-furnished evidence suggesting that petitioner had plotted to have judge murdered, is denied where petitioner did not "clearly and indisputably" demonstrate that the district court abused its discretion. . [read post]
19 Aug 2008, 8:28 pm
Mukasey, No. 07-2202 Petition for review of a decision denying Cambodian national petitioner asylum and related relief is denied where: 1) the court lacks jurisdiction over an asylum claim because she had not exhausted her administrative remedies; 2) the record did not contain evidence that petitioner experienced any persecution prior to her exodus from Cambodia; 3) petitioner did not satisfy burden of proof of likelihood of future persecution; 4) petitioner did… [read post]
21 Jul 2008, 9:14 pm
Godin, No. 07-2332 To obtain a conviction for aggravated identity theft under 18 U.S.C. section 1028A(a)(1), the government must prove that the defendant knew that the means of identification transferred, possessed, or used during the commission of an enumerated felony belonged to another person. [read post]
25 Jun 2008, 6:15 pm
Bureau of Investigation, No. 07-3511 A defendant's conviction for resisting arrest and assaulting federal officers does not necessarily preclude a civil claim based on the arresting officer's use of excessive force during the arrest. [read post]
27 May 2008, 9:50 am
Ressam, No. 07-455 A circuit court's decision setting aside defendant's conviction on a count of carrying an explosive "during the commission of" a felony is reversed where, under a natural reading of 18 U.S.C. section 844(h)(2), since defendant was carrying explosives when he feloniously made a false statement to a customs official, he was carrying them "during" the commission of that felony. [read post]
13 May 2008, 1:35 pm
Choinski, No. 04-5079 Dismissal of a habeas petition is affirmed in part and vacated in part where: 1) insofar as the petition challenged the conviction, it was a "second or successive motion" which did not satisfy the requirements for such a motion under 28 U.S.C. section 2255; 2) claims protesting conditions of confinement imposed by a state facility became moot when petitioner was transferred back to a federal prison; but 3) the district court erroneously dismissed… [read post]
14 Apr 2008, 11:34 am
Smith, No. 06-3112 In a case addressing the constitutionality of a vehicle impoundment under the Fourth Amendment in circumstances in which there was no standardized policy regarding the impoundment and towing of vehicles, the circuit court rules that the constitutionality of a community caretaking impoundment is judged by directly applying the Fourth Amendment, which protects people against "unreasonable" searches and seizures. [read post]
27 Feb 2008, 10:00 am
[19] In this way, the Court re-framed the petitioners' claims in terms of aiding and abetting, and not as primary action on the part of the respondents, and affirmed their dismissal as congruent with the decision in Central Bank. [20] In addition to relying on Central Bank, the Court supported its decision with numerous policy arguments. [read post]
21 Feb 2008, 9:54 am
To see the ongoing rulemaking documents, consult In re Effects of Communications Towers on Migratory Birds, Notice of Proposed Rulemaking (“NPRM”), 21 F.C.C.R. 13,241 (2006). [read post]
5 Feb 2008, 8:11 am
Davis, 533 U.S. 678 (2001), does not authorize the continued and potentially indefinite detention of a removable alien based on a determination by the government that the alien's mental illness renders him a dangerous risk to the community. [read post]
4 Nov 2007, 8:33 pm
Dulles, 356 U.S. 86 (1958), the Court declared that banishment was a punishment "universally deplored in the international community of democracies. [read post]
4 Nov 2007, 8:33 pm
Dulles, 356 U.S. 86 (1958), the Court declared that banishment was a punishment "universally deplored in the international community of democracies. [read post]
12 Oct 2007, 2:28 pm
We note that the petitioner judges have stipulated to drop OCA as a party and to continue the lawsuit solely against the officials of the legislative and executive branches. [read post]
10 Oct 2007, 10:59 pm
Sodium pentothol was the anesthetic of choice when the three drug regimen was invented back in the seventies, but it is no longer.1 The Commission urged that the regimen be re-examined, 1 Deborah W. [read post]
4 Sep 2007, 2:47 am
Vasbinder, No. 06-2381 Grant of a habeas petition challenging a conviction and sentence for first-degree murder and possession of a firearm during the commission of a felony is reversed as petitioner did not satisfy the gateway requirements for excusing a time-barred claim. [read post]
22 May 2007, 2:29 pm
In response, we reanalyze our data, separating the individuals from the corporations; in every case the re-analyzed data support the conclusions of our original paper to the same extent or more strongly. [read post]
