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21 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Jill LeporeIn May 1923, weeks after the U.S. [read post]
16 Feb 2024, 11:27 am by John Elwood
Hobbs, 23-467Issues: (1) Whether this court has appellate jurisdiction under 28 U.S.C. [read post]
16 Feb 2024, 10:23 am by Rebecca Tushnet
David Smith dispute: masculine abstract expressionist, Cubi XII, April 7, 1963. 109 5/8 by 49 ¼ by 32 ¼ inches; Lauren Clay, No side to fall into, 2012 paper and acrylic, 18 ½ by 7 by 3 inches—triggered a C&D. [read post]
14 Feb 2024, 7:44 am by Howard Bashman
” You can access the latest episode of Texas appellate attorney David Coale‘s podcast, “Coale Mind,” via this link. [read post]
14 Feb 2024, 6:30 am by Guest Blogger
 And although the Taft Court’s “level of disagreement in conference about certiorari cases was so great that it approximates the level of dissensus in the published cases of the contemporary Court,”[29]  they produced more unanimous opinions for the relatively controversial cases that reached them through the certiorari docket than through the appellate one. [read post]
6 Feb 2024, 8:59 am by fjhinojosa
Victoria Sutton, Appellate Courts: Stop Accepting an “Absurd” First Amendment Analysis for Native Nations’ Scared Site Destruction, 23 J. of Appellate Prac. [read post]
31 Jan 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Since Mississippi’s approach to administration of federal (and state) elections is in this regard quite similar to that of many other states, were this lawsuit to be successful (especially at the federal appellate or Supreme Court levels) it would cause major disruption in, or at least major changes to, this fall’s congressional/presidential election. [read post]
31 Jan 2024, 10:08 am
Supreme Court from 2004 to 2005 and for Judge David S. [read post]
Under the Federal Rules of Appellate Procedure (FRAP), if a limited federal court of appeals panel issues a ruling, either the plaintiffs or the defendants may then request a rehearing before the entire full panel of that circuit. [read post]
23 Jan 2024, 4:47 am by Unreported Opinions
Criminal law — Restitution — Calculation of value This case arises from an order of restitution entered by the Circuit Court for Cecil County against David Arlon Brown, Sr., appellant. [read post]
22 Jan 2024, 1:10 am by INFORRM
On 16 January 2024, the appeal of the third circuit decision that the claimant-appellant in Elansari v. [read post]
21 Jan 2024, 12:05 am by Frank Cranmer
The appellants argued that the products were called ‘poppadoms, unlike potato crisps’. [read post]
18 Jan 2024, 5:01 am by Eugene Volokh
No, Third Circuit Judge David Porter held, in a one-judge order (not binding precedent, but a good indication of what appellate judges are likely to think, in my experience): Our legal system operates under a strong presumption of public proceedings and publicly filed documents, including the names of the parties filing the documents. [read post]
12 Jan 2024, 3:00 am by Jim Sedor
Rules DNyuz – David Chen (New York Times) | Published: 1/11/2024 Alarmed by the increasing sophistication of what can be false or highly misleading political ads generated by artificial intelligence, state lawmakers are scrambling to draft bills to regulate them. [read post]
9 Jan 2024, 12:29 pm by Evan Brown
The Appellate Court’s Decision The appellate court observed the criteria under New York law for establishing defamation. [read post]