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2 Jun 2021, 12:59 pm by Howard Friedman
., June 2, 2021), the U.S. 2nd Circuit Court of Appeals filed its opinion explaining its Feb. 3, 2021 Order granting a petition for a writ of mandamus. [read post]
1 Jun 2021, 8:52 am by Arthur F. Coon
The Court of Appeal’s Opinion In its brief opinion’s final introductory paragraph, the Court of Appeal summarized the arguments on appeal and its conclusions leading to affirmance as follows: “Plaintiff argues on appeal that the trial court applied the incorrect statute of limitations, and alternatively that the trial court should have applied either estoppel or the relation back doctrine (Code Civ. [read post]
1 Jun 2021, 7:42 am by Eric Goldman
  The case reached the New York Court of Appeals (the highest court in New York) in 1902, which held 4-3 that the common law did not recognize a right of privacy and she could not recover. [read post]
1 Jun 2021, 6:28 am by Michel Paradis
The prosecution of purely military offenses, such as disobeying an order, would remain subject to a commander’s discretion, for example, while the decision to prosecute crimes, such as homicide, theft, sexual assault and criminal pornography, would now be made by stand-alone military prosecutors who would work not within the chain of command but for the military equivalent of a U.S. attorney’s office or district attorney’s of [read post]
30 May 2021, 4:06 am by SHG
The Texas Court of Criminal Appeals reversed the ruling of the 12th District Court of Appeals, holding the state’s “revenge porn” law unconstitutional. [read post]
29 May 2021, 6:08 pm by Peter S. Lubin and Patrick Austermuehle
The first trial ended in a victory for Google when the district court ruled that the API packages were not copyrightable as a matter of law. [read post]
28 May 2021, 2:20 pm by Mitchell Jagodinski
Court of Appeals for the 9th Circuit departed from the Supreme Court’s decisions in Graham v. [read post]
28 May 2021, 2:20 pm by Mitchell Jagodinski
Court of Appeals for the 9th Circuit departed from the Supreme Court’s decisions in Graham v. [read post]
28 May 2021, 11:25 am by Ronald Mann
” To summarize, Alito tells us that “Rule 39 gives discretion over the allocation of appellate costs to the courts of appeals,” which leaves no room in the district courts for “a second layer of discretion. [read post]
28 May 2021, 11:19 am by Reggie Shuford
In a second term, he and his team will have more to do to reform the criminal legal system. [read post]
28 May 2021, 11:11 am by Josh Blackman
District Court for the Eastern District of Pennsylvania declared unconstitutional Pennsylvania's version of the ABA Model Rule.[3] The Pennsylvania Bar chose not to appeal that ruling. [read post]
28 May 2021, 6:32 am by Jonathan H. Adler
Second, while overturning the work of the district court, Judge Thapar's opinion drops a footnote defending the work of trial courts. [read post]
28 May 2021, 5:01 am by Eugene Volokh
His appeals from that second conviction have been rejected and he remains in state prison. [read post]
27 May 2021, 7:50 am by Ronald Mann
“With that settled, it is easy to see why district courts cannot exercise a second layer of discretion. [read post]
26 May 2021, 4:09 pm by Xandra Kramer
Jurisdiction of Dutch courts: anchor defendant in the Netherlands and sufficient connection  Both the first instance court (in 2009) and the court of appeal at The Hague (in appeal in 2015) hold that the Dutch courts have jurisdiction. [read post]