Search for: "Judge Higginbotham" Results 21 - 40 of 149
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26 Jun 2021, 7:52 am by admin
The Committee has recognized the essential weakness of gatekeeping as frequently practiced in federal courts by emphasizing that judicial gatekeeping is “essential” and required by the institutional incompetence of jurors to determine whether expert witnesses have reliably applied sound methodology to the facts of the case: “a trial judge must exercise gatekeeping authority with respect to the opinion ultimately expressed by a testifying expert. [read post]
4 May 2021, 4:47 pm
Judges who had four panel votes include Judge Fuentes from the Third Circuit, Judges Higginbotham and Elrod from the Fifth Circuit, Judge Moore from the Sixth Circuit, Judges Wallace, Paez, Berzon, McKeown, and Bea from the Ninth Circuit, Judge Briscoe from the Tenth Circuit, and Judges William Pryor, Wilson, and Carnes from the Eleventh Circuit. the Ninth Circuit has the most judges with at least three votes in… [read post]
3 Jan 2021, 5:34 pm by Jonathan H. Adler
Court of Appeals for the Fifth Circuit affirmed in a terse, per curiam opinion from judges Higginbotham, Smith and Oldham. [read post]
11 Sep 2020, 9:13 pm by Josh Blackman
Higginbotham, Conceptual Rigor: A Cabin for the Rhetoric of Heroism, 59 Tex. [read post]
26 Aug 2020, 9:39 am by Adam Steinman
Judge Patrick Higginbotham, Judge Lee Rosenthal, and Professor Steve Gensler have published Better by the Dozen: Bringing Back the Twelve-Person Civil Jury in the latest issue of Judicature. [read post]
22 May 2020, 8:44 pm by Josh Blackman
The per curiam panel (Higginbotham, Southwick, and Willett) granted partial relief. [read post]
30 Mar 2020, 5:00 am by Josh Blackman
The Fifth Circuit panel heard oral arguments on October 7, 2019 (Higginbotham, Dennis, and Ho). [read post]
5 Mar 2020, 11:12 am by Alan S. Kaplinsky
In All American Check Cashing, in an opinion written by Judge Higginbotham in which Judge Higginson concurred, the court concluded that the CFPB’s structure “is well within the constitutional lines drawn by the Supreme Court [regarding limits on the President’s removal power.] [read post]
4 Mar 2020, 1:22 pm by Josh Blackman
There are three judges on the panel: Judges Higginbotham and Higginson were in the majority, and Judge Smith dissented. [read post]
14 Dec 2019, 4:01 pm by Howard Friedman
., Dec. 13, 2019), Judge Higginbotham writing for himself and Judge Dennis said in part:In an unbroken line dating to Roe v. [read post]
18 Mar 2019, 5:37 am by Alan S. Kaplinsky
The Fifth Circuit panel hearing the oral argument consisted of two judges appointed by President Reagan, Judge Jerry Smith and Senior Judge Patrick Higginbotham, and a third judge appointed by President Obama, Judge Stephen Higginson. [read post]
25 Feb 2019, 9:01 pm by Joanna L. Grossman and Grant Hayden
Judge Higginbotham also wrote a concurrence, but only to point out that Blum’s “continued vitality” was not at issue and that the majority did not reach that issue “because we cannot, even with elegant asides. [read post]
25 Feb 2019, 5:35 am by Cheryl Blount and John T. McDonald
On the other hand, Judge Patrick Higginbotham also wrote a concurring opinion, questioning the continued vitality of Blum and whether Title VII proscribes discrimination against someone because of sexual orientation or transgender status. [read post]