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29 Sep 2023, 6:36 am by cassieq
In 2009, she became the first Hispanic justice and third woman on the nation’s highest court, the United States Supreme Court. [read post]
29 Sep 2023, 5:53 am by Eugene Volokh
In order to be fair and impartial, courts, as the face of the third branch of government, must conduct business in a way that does not give the appearance of misgendering individuals, intentionally or otherwise. [read post]
22 Sep 2023, 8:57 am by Arthur F. Coon
In a partially published opinion filed on September 7, 2023, the Third District Court of Appeal affirmed a judgment denying a CEQA challenge to Sacramento County’s approval of a mixed-use development project known as the Mather South Community Master Plan (the “project“); if implemented, the project would result in, inter alia, up to 3,522 residential dwelling units; 225,000 square feet of retail space; 49 acres of environmental education campus and… [read post]
22 Sep 2023, 5:55 am by Michael Dreeben
Potential Judicial Solutions If courts wanted to resolve the third-party paradox, they could draw on two doctrinal frameworks: third-party standing principles and inherent authority. [read post]
21 Sep 2023, 6:05 am by Michael Dreeben
The district court found the subpoena to be overbroad under the Fourth Amendment and ordered only partial compliance. [read post]
19 Sep 2023, 7:42 am by Eric Goldman
” If a parent wants to give her child permission to create an account, but the parent and the child have different last names, it is not clear what, if anything, the social media company or third-party servicer must do to prove a parental relationship exists. [read post]
15 Sep 2023, 6:05 am by Norman L. Eisen
But here, too, Orbán has followed the autocrat’s path by stacking the courts with loyalists and establishing a parallel administrative court system that is loyal to him, not the rule of law. [read post]
11 Sep 2023, 2:30 am by Felix Mikolasch
Being the third and last instance, the Austrian Supreme Court referred three questions to the ECJ. [read post]
8 Sep 2023, 5:54 am by Jeffrey P. Gale, P.A.
The District Court of Appeals found that Ryland was constructing the townhomes as a commercial business venture for itself and not as a result of contractual obligations to third parties. [read post]
5 Sep 2023, 2:43 pm by Eugene Volokh
" Courts in this District, in agreement with most circuit courts that have considered the issue, have extended this privilege to cover both individual arbitrators and arbitration forums because of their quasi-judicial nature. [read post]
5 Sep 2023, 8:03 am
’”Blumberg Law has Color of Justice: All-White Benches Persist in US District Courts -- Of the 94 federal district courts, 25 have never had a non-White judge, according to a Bloomberg Law analysis of federal court records.Law360 has Here's Where Judicial Vacancies Stand As Congress ReturnsThe Biden administration has gotten 140 judges (including a Supreme Court justice) confirmed so far, a fact much… [read post]
4 Sep 2023, 9:01 pm by renholding
” In May 2020, the district court found that the syndicated bank loan at issue was not a security and dismissed the case.[2]  On appeal to the Second Circuit, the plaintiff argued, among other things, that the Court had erroneously applied the “family resemblance test” established by the Supreme Court in Reves v. [read post]
4 Sep 2023, 2:31 pm by bndmorris
Newman, A Statutory Oddity: The Different and Sometimes Convoluted Ways That Congress Granted Circuit Court Trial Jurisdiction to the 19th-Century Federal District Courts, 105 Judicature 46 (2022). [read post]
3 Sep 2023, 9:05 pm by Cary Coglianese
In 2017, a federal trial court held that a teachers’ union had a viable due process claim in a case where the teachers were denied access to information about an algorithm that the Houston school district used for professional evaluations. [read post]
1 Sep 2023, 3:43 pm by Greg Sisk
I begin today with our study of Establishment clause decisions in the federal district courts and courts of appeals from 2006 through 2015. [read post]
1 Sep 2023, 2:39 pm by Eugene Volokh
Although the Court has never addressed a prior-restraint rule or gag order restraining political speech in an impeachment context, we have adopted a test for gag orders in civil judicial proceedings. [read post]
31 Aug 2023, 7:13 am by Irina Manta
After graduating from the Washington University School of Law in 2019, Aliza began clerking for a judge in the Superior Court of the District of Columbia. [read post]
31 Aug 2023, 6:11 am by Dan Bressler
District Court in New York declined on Monday to dismiss the bulk of claims filed against McKinsey by the founder of a competing firm accusing it of submitting false disclosures to bankruptcy courts that omitted potentially disqualifying financial conflicts. [read post]