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(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Guest Post: Underwriting Risk and Sovereign Wealth Fund Investment in U.S. Private Equity
24 Apr 2023, 1:54 pm by Kevin LaCroix
[v] CFIUS is a US government interagency committee that reviews certain transactions involving foreign investment in the United States to determine their effect on national security. [read post]
The D & O Diary - http://www.dandodiary.com/
Is the Government Tracking Your Social Media Activity?
24 Apr 2023, 11:34 am by Shaiba Rather
Ismail, like other non-citizens hoping to enter the United States, was likely subject to the State Department’s policy requiring nearly all visa applicants to disclose their social media handles. [read post]
ACLU News & Commentary - https://www.aclu.org/news/
April 20, 1895 – Wisconsin Passes Its first Civil Rights Act
20 Apr 2023, 1:01 am by rhapsodyinbooks
He immigrated to the United States in 1884. [read post]
Legal Legacy - https://legallegacy.wordpress.com/
[Eugene Volokh] Court Refuses to Enforce United Arab Emirates Child Custody Decree That Disfavored Christian Parent
19 Apr 2023, 9:37 am by Eugene Volokh
From Al Namani v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Colorado man’s First Amendment challenge will test the scope of protection for threatening speech
17 Apr 2023, 7:12 pm by Amy Howe
United States, involving the same issue, but ultimately decided that case on a different ground. [read post]
SCOTUSblog - http://www.scotusblog.com/
Justices to hear evangelical Christian postal worker’s religious accommodation case
17 Apr 2023, 11:40 am by Amy Howe
On Tuesday in Groff v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Could NYC Manage a Retreat from Flood Zones? Part 1: Floodplain Buyouts
16 Apr 2023, 12:19 am by Carolyn Drell
Co. v. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
Same Sex Marriage Green Card Approval for Mexican Client in Seattle Washington
14 Apr 2023, 7:08 am by JP Sarmiento
United States v. [read post]
Sarmiento Immigration Law Firm Blog - http://www.sarmientoimmigration.com/
Court of Appeals rejects textualist interpretation of South Carolina’s domestic abuse statute
12 Apr 2023, 1:20 pm by Gregory Forman
The April 12, 2023, Court of Appeals opinion in Taylor v. [read post]
Blog on South Carolina Family Law - http://www.gregoryforman.com
[David Kopel] AR rifle ammunition is less powerful than most other rifle ammunition
11 Apr 2023, 6:24 pm by David Kopel
" In a March 2023 order denying a motion for a preliminary injunction in Delaware State Sportsmen's Ass'n v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Recent Supreme Court Decisions and the Non-Establishment Principle
11 Apr 2023, 6:28 am by Eugene Volokh
United States, 461 U.S. 574, 604 n.30 (1983); McGowan v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
What Israel’s Judicial Crisis Can Teach Us About Our Own
11 Apr 2023, 5:55 am by Michael Dreeben
That both the United States and Israel are wrestling with these fundamental questions makes this an opportune time to revisit them. [read post]
Just Security - https://www.justsecurity.org/
Bad Friday: Federal Judge Rules that 23-Year-Old FDA Approval of Abortion Drug Was Invalid
10 Apr 2023, 9:01 pm by Joanna L. Grossman, Nathan Cortez and Seema Mohapatra
(Pregnancy, according to the judge, is a “normal physiological state” and a “natural process essential to perpetuating human life. [read post]
Verdict - http://verdict.justia.com/
[Eugene Volokh] Recent Supreme Court Decisions and Equality
10 Apr 2023, 7:38 am by Eugene Volokh
Centro Espírita Beneficente União do Vegetal in the United States, UDV USA, https://‌udvusa.org/ [https://‌perma.cc/‌8GS5-PW2W] (last visited Feb. 14, 2023). [6]. 573 U.S. 682 (2014). [7]. 574 U.S. 352 (2015). [8]. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] A Normal Supreme Court
7 Apr 2023, 9:27 am by Eugene Volokh
New York State Rifle & Pistol Association v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Discovery closes today in two antitrust matters involving Activision Blizzard (FTC merger case and In Re Google Play Antitrust Litigation) while UK CMA is preparing remedies working paper
7 Apr 2023, 3:12 am by Florian Mueller
Cal.Implications for sanctions motion in United States et al. v. [read post]
FOSS Patents - http://www.fosspatents.com
Transnational Repression Increasingly Reaches Into the United States
5 Apr 2023, 6:05 am by Jason P. Hipp
Letelier v. [read post]
Just Security - https://www.justsecurity.org/
Case Law, Strasbourg: Macatė v. Lithuania, Open Minds, Open Hearts, On restricting and labelling a children’s book that depicts same-sex families in a positive light – Ingrida Milkaitė
4 Apr 2023, 4:19 pm by INFORRM
A summary of the facts The case of Macatė v. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
“Is there anything more to learn from The Federalist Papers?”
4 Apr 2023, 12:46 am by Anthony Gaughan
Later, a version of interposition termed “Judicial Federalism” emerged as a constraint on federal legislative power in Printz v. [read post]
The Faculty Lounge - https://www.thefacultylounge.org/