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22 Feb 2024, 2:04 pm by Josh Blackman
Specifically, for those positions that are not expressly listed by the clause's language, the Senate has two options if a defendant is convicted: first, the Senate may remove that official if the official holds an office at the time of conviction; second, the Senate may impose a lesser punishment, such as discipline, suspension, censure, or even no punishment. [read post]
21 Feb 2024, 5:46 pm by Colleen Cassidy
Campuzano, 442 F.3d 770, 776 (2d Cir. 2006), that a factual inquiry is required “when a defendant claims that his attorney failed to file …The post Where a §2255 petition alleges that counsel failed to file a requested notice of appeal, the district court may not summarily dismiss but must undertake a factual inquiry. appeared first on Federal Defenders of New York Blog. [read post]
21 Feb 2024, 1:16 pm by Matthew Benedict
(f) Making an unsolicited commercial telephone call that is received between the hours of 9 p.m. and 9 a.m. [read post]
21 Feb 2024, 4:00 am by Rebecca Tushnet
Nonetheless, this was the “rare” case where the defendant satisfied its burden of showing descriptiveness. [read post]
21 Feb 2024, 3:00 am by Evan Brown
LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004), the court observed that “[a] defendant may be held vicariously liable for a third party’s copyright infringement if the defendant ‘[1] profits directly from the infringement and [2] has a right and ability to supervise the direct infringer. [read post]
20 Feb 2024, 2:00 pm by Yosi Yahoudai
The county Public Defender’s Office expects to challenge the DA’s analysis, and contends that any case associated with McNamara should be dismissed. [read post]
20 Feb 2024, 3:00 am by Evan Brown
Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) to assess the likelihood of consumer confusion. [read post]
19 Feb 2024, 8:14 am by Josh Blackman
The bill would not disqualify convicted defendants  from holding seats in Congress or from being presidential electors. [read post]
19 Feb 2024, 5:23 am by Kevin LaCroix
A copy of the February 16, 2024, Decision and Order of New York (New York County) Supreme Court Justice Arthur F. [read post]