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2 May 2014, 11:23 am
This dissent from the denial of rehearing en banc begins:"Th[ese] cases arise from a profoundly disturbing use of government power that directly imperils some of our most fundamental constitutional values. [read post]
19 Apr 2013, 12:26 pm
At the time of McClendon’s arrest, he was wearing a black knit cap, which police found to be a rolled-up ski mask, one with eye holes and a mouth hole. [read post]
3 Sep 2014, 11:36 am
 When you've got a 911 call of shots being fired, and respond to the scene five minutes later and see a guy who tends to match the description of the shooter, I can't fault the panel for holding (as it does) that you're allowed to stop the guy.I'll just add, however, that if four cops are allowed -- as the Ninth Circuit holds -- to draw their guns and order to the ground any black male between the ages of 17 and 26, and around 5'7 or 5'9, wearing a… [read post]
31 May 2017, 12:20 pm
 He spends a lot more time on history -- Blackstone, etc. -- than I would, but that's perhaps understandable. [read post]
4 Dec 2013, 11:12 am
 When things are gray -- as they are here -- we shouldn't try to make them look black and white.That's my critique here. [read post]
23 Oct 2013, 1:49 pm
I agree with a lot of what Judge Noonan has to say in dissent. [read post]
6 Jul 2020, 1:06 pm
  He's a member of the Blackfeet Nation, and he's got a problem. [read post]
9 Dec 2009, 11:04 am
So, if there were an information market for the honest services statute, it's price definitely took a nose dive yesterday after the Supreme Court justices finished knocking it around. [read post]