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7 Feb 2024, 9:01 pm by Meredith R. Miller and Laura Dooley
  And even when juries are empaneled and empowered in federal courts, the jury pool from which they are drawn is the federal district (rather than a county as in state court), which can result in profound demographic differences in the makeup of the jury. [read post]
7 Feb 2024, 6:31 am by Second Circuit Civil Rights Blog
Plaintiff was expelled and now sues SJU for sex discrimination.While this case arrives at the Court of Appeals in a Rule 12 posture, which provides a low pleading standard for plaintiffs seeking to avoid dismissal, the Second Circuit (Sack and Parker) agrees with the district court that plaintiff does not plead a prima facie case of discrimination. [read post]
7 Feb 2024, 5:19 am by Will Baude
Anderson litigation, both the Colorado District and the Colorado Supreme Court found Section Three to be justiciable and Trump has not pressed a political question argument in his Supreme Court merits briefs. [read post]
7 Feb 2024, 3:25 am
Applying the reasoning of its Wonderbread 5 decision, the Massachusetts district court's ruling in Bell v. [read post]
6 Feb 2024, 11:19 am by Norman L. Eisen
In December, Smith asked for 21 days between the Court granting cert and oral argument (per the U.S. v. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
Supreme Court explicitly considered, and rejected, Lederman’s claim in Smith v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Trump himself made this Positions Clause argument before the Colorado Supreme Court, and he even prevailed on it in the Colorado district court. [read post]
” Initially, the plaintiffs in the case sought an injunction from Judge Philip Halpern of the US District Court for the Southern District of New York but were denied. [read post]
30 Jan 2024, 9:02 pm by renholding
 The upshot: so long as a defendant says what the SEC wants to hear (or says nothing at all), he does not violate the No-Admit-No-Deny Provision. [read post]