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23 Aug 2010, 1:51 pm
On August 20, 2010, the United States Court of Appeals for the Ninth Circuit held that the National Marine Fisheries Service ("NMFS") did not violate the law when it omitted resident rainbow trout from the Distinct Population Segment of California Central Valley steelhead ("CV Steelhead"), despite the fact that rainbow trout and steelhead are the same species and can interbreed. [read post]
20 Aug 2010, 6:33 am
In response to readers’ questions, Eugene Volokh explains at the Volokh Conspiracy why United States v. [read post]
18 Aug 2010, 4:30 pm
Justice has entered the Prop 8 fray, filing with the Ninth Circuit U.S. [read post]
18 Aug 2010, 7:37 am
Found this new-er marine insurance case from the Fifth Circuit Court of Appeals (ok, I'm cleaning out the in-tray). [read post]
17 Aug 2010, 7:45 pm
UNDER THE LOGIC OF THE LATEST NINTH CIRCUIT DECISION, I’d like to introduce myself as the new Chief Judge of the United States Court of Appeals For The Ninth Circuit. [read post]
17 Aug 2010, 6:26 pm
A divided panel of the Ninth Circuit Court of Appeals has found the Stolen Valor Act unconstitutional. [read post]
17 Aug 2010, 2:14 pm
Depending on how those proceedings turn out, we could have either (a) a Ninth Circuit opinion -- whether by three judges or by the Court en banc, it does not matter -- laying down the law for the entire Ninth Circuit on same-sex marriages, or (b) a Supreme Court decision doing the same for the entire United States. [read post]
17 Aug 2010, 10:00 am
Yesterday, however, a three-judge panel of the United States Court of Appeals for the Ninth Circuit extended... [read post]
16 Aug 2010, 2:26 pm
United States Dept. of Interior, 982 F.2d 1332, 1338 (9th Cir.1992). [read post]
16 Aug 2010, 11:38 am
The Ninth Circuit had oral argument on the appeal of this decision in June, 2010 Share on Facebook [read post]
15 Aug 2010, 12:23 pm
So we will see three rounds of standing conversations--first as the Ninth Circuit, Justice Kennedy, and perhaps the full Supreme Court decide whether to stay Judge Walker's judgment pending appeal; second as the Ninth Circuit considers standing as part of the actual appeal; and third as SCOTUS considers standing in deciding whether to grant cert and what to do with the case if it does grant cert. [read post]
15 Aug 2010, 8:10 am
United States, No. 08–1314, 2008 U.S. [read post]
13 Aug 2010, 11:00 am
Court of Appeals for the Ninth Circuit] Kozinski accuses colleagues of ‘cultural elitism’ [Politico] D.C. [read post]
13 Aug 2010, 6:14 am
July 27, 2010), the United States Court of Appeals for the Ninth Circuit held that under Section 10(b) of Securities Exchange Act of 1934 (“1934 Act”), 15 U.S.C. [read post]
13 Aug 2010, 5:30 am
Accepting the defendants’ appeal, the Ninth Circuit noted that because the putative class action that the plaintiffs filed in state court satisfied §1332(d)’s numerosity and aggregated amount-in-controversy requirements, the defendants had properly removed the action to federal court before the plaintiffs filed class certification motion. [read post]
11 Aug 2010, 10:12 am
For the second time in two months, the United States Court of Appeals for the Ninth Circuit rejected an industry challenge to a designation of critical habitat under the Endangered Species Act (“ESA”). [read post]
9 Aug 2010, 10:37 pm
The Permissive Approach The Fifth, Seventh, and Ninth Circuits of the U.S. [read post]
9 Aug 2010, 12:26 pm
In order to find that GPS devices require a search warrant the Court had to distinguish the use of GPS devices from the use of beepers in the Supreme Court’s decision in United States v. [read post]
9 Aug 2010, 12:01 pm
The last person to argue for the OPEC states in the Ninth Circuit was Justice Scalia, before he went on the Court. [read post]
9 Aug 2010, 9:33 am
Court of Appeals for the Ninth Circuit, and U.S. [read post]
