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14 Apr 2010, 11:00 am
, 514 U.S. 695 (1995), that a federal court is not a department or agency of the United States for the purposes of making false statements in a matter within the jurisdiction of the United States pursuant to 18 U.S.C. [read post]
11 Apr 2010, 11:30 am
Scalia and Thomas rejected formalist distinctions between sentencing fact vs criminal elements in the context of Apprendi-land, culminating in their participation in the majorities for Blakely and Booker (merits). [read post]
30 Mar 2010, 9:30 am
Booker v. [read post]
29 Mar 2010, 5:30 pm
As an initial matter, § 1B1.10 announces that “proceedings under 18 U.S.C. [read post]
24 Mar 2010, 9:00 am
The matter is being pursued jointly with the New York City Department of Consumer Affairs, which will seek penalties and costs to the City. [read post]
19 Mar 2010, 10:43 am
Matters have not improved for businesses in the last ten years. [read post]
16 Mar 2010, 6:48 am
McCollum, see Z’s post here and prior NYT editorial here, is a must read for anyone representing Vets outside of courts-martial (and in the military justice system, for that matter). [read post]
15 Mar 2010, 10:14 am
After Stevens What will the Supreme Court be like without its liberal leader? … [read post]
2 Mar 2010, 8:15 am
Booker, 2007 WL 1975035 (E.D.Mich. 2007). [read post]
26 Feb 2010, 5:29 am
"Believe in the genius of your dreams / No matter how impossible they may seem"). [read post]
15 Feb 2010, 7:14 am
Booker, which then held Blakely applicable to the federal system. [read post]
2 Feb 2010, 3:45 am
It did say that if such evidence arose, it would look for ways to put the matter right, and if necessary amend the FOI Act. [read post]
25 Jan 2010, 10:18 pm
Circuit Court's reasoning in Mapp and Booker, appellant was a "recent occupant," pursuant to Thornton's test of "temporal or spatial relationship to the car at the time of the arrest and search. [read post]
20 Dec 2009, 5:04 pm
When Booker was decided, DOJ cried the sky was falling and concocted emergency measures to “save” the guidelines. [read post]
7 Dec 2009, 7:23 am
Booker, making the Guidelines advisory only, applies in a sentence modification proceeding. [read post]
20 Nov 2009, 4:06 am
That is, it doesn't matter when you did the work that got you sued, you are covered for all claims made during any coverage period (typically one year). [read post]
13 Nov 2009, 8:34 pm
It was nominated for thee Booker Prize that year and that, I suspect, may be why polite critics get so sniffy: how dare she presume to compete with the likes of Keri Hulme, who won the prize (for The Bone People) --or, for that matter, with Iris Murdoch, Doris Lessing, Peter Carey and J.L. [read post]
6 Nov 2009, 7:10 am
It is not yet clear whether Napolitano will decide - or be required - to recuse herself from the matter. [read post]
5 Nov 2009, 9:14 pm
In other words, as I noted on this blog two years ago, New York judges are flexing their post-Booker departure muscle to tinker with the machinery of incarceration-nation, but they are not dismantling it. [read post]
28 Oct 2009, 7:12 am
After a two-hour hearing, Belot took the matter under advisement and said he'd make his ruling in a written memorandum. [read post]
