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The US Court of Appeals for the Third Circuit denied a Trinidad and Tobago man’s claim to US citizenship on Tuesday and declined to halt his deportation even though the man held a wrongfully issued US citizenship certificate for 21 years. [read post]
29 Aug 2024, 4:05 am by Howard Friedman
., Aug. 26, 2024), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, allowed Florida's ban on prescribing puberty blockers and cross-sex hormones to minors suffering from gender dysphoria to go back into effect, pending appeal of a district court injunction against enforcement of the ban. [read post]
29 Aug 2024, 4:00 am by Howard Friedman
., Aug. 27, 2024), the U.S. 3rd Circuit Court of Appeals, in a suit under RLUIPA, held that the district court had not established that the Department of Corrections had a compelling interest in denying a Muslim inmate religious accommodations so that he could consummate his marriage, have ongoing conjugal visits with his wife, engage in congregate prayer with visitors and be circumcised. [read post]
29 Aug 2024, 3:50 am by Matthew L.M. Fletcher
Here: Casino Opening Brief.pdfDownload City Answer Brief.pdfDownload Lower court materials here. [read post]
29 Aug 2024, 2:18 am by Berniard Law Firm
A recent decision by the United States Court of Appeals for the Fifth Circuit highlights the complexities and high standards involved in proving employment discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. [read post]
28 Aug 2024, 4:05 pm by Lawrence Solum
Court of Appeals for the Ninth Circuit; Stanford Law School) has posted Whose Business Is the Judgment? [read post]
28 Aug 2024, 3:11 pm by Eileen McDermott
Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today upheld two district court judgments for Apple, Inc. that found Wisconsin Alumni Research Foundation (WARF) had 1) abandoned its doctrine-of-equivalents theory (“WARF I”) and 2) that a second suit claiming infringement of the same patent via next-generation Apple products was barred by the previous decision (WARF II). [read post]
28 Aug 2024, 3:11 pm by Eileen McDermott
Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today upheld two district court judgments for Apple, Inc. that found Wisconsin Alumni Research Foundation (WARF) had 1) abandoned its doctrine-of-equivalents theory (“WARF I”) and 2) that a second suit claiming infringement of the same patent via next-generation Apple products was barred by the previous decision (WARF II). [read post]
28 Aug 2024, 2:46 pm by Ilya Somin
Thus, it's hard to predict what will happen here, when the issues are reviewed by the trial judge, the DC Circuit and—potentially—the Supreme Court. [read post]
28 Aug 2024, 1:55 pm by Eugene Volokh
Indeed, Rahimi 2024 [i.e., the Supreme Court's Rahimi decision, rather than the Fifth Circuit's -EV] discusses this history vis-à-vis § 922(g)(8), which affirms the idea "that the government may disarm an individual temporarily after a 'judicial determinatio[n]' that he 'likely would threaten or ha[s] threatened another with a weapon.'" So we must ask: why were the groups disarmed at the Founding considered to be dangerous… [read post]
28 Aug 2024, 1:25 pm by Ilya Somin
I think the Eighth Circuit, like the district court, also ignored Missouri's requirement that state laws be interpreted to avoid unconstitutionality, where possible (federal courts must defer to state courts in interpreting state law). [read post]
28 Aug 2024, 1:12 pm by Ellena Erskine
Court of Appeals for the 8th Circuit, which is currently considering the government’s appeal, to act quickly. [read post]