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[Eugene Volokh] Fourth Circuit Affirms Two Decisions Denying Pseudonymity for Plaintiffs Alleging Disabilities
26 Apr 2023, 5:01 am by Eugene Volokh
" … The United States Court of Appeals for the Fourth Circuit provides [under the James v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Justices to consider tribal immunity from bankruptcy process
20 Apr 2023, 3:49 pm by Ronald Mann
One major problem for the Band is the appearance of the United States as an amicus in support of Coughlin. [read post]
SCOTUSblog - http://www.scotusblog.com/
United States: Anyone can claim to be a journalist or a news organization, and publish lies with almost total impunity – John C. Watson
15 Apr 2023, 5:03 pm by INFORRM
Without reaching trial or a verdict, the Dominion Voting Systems v. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
John C. Coffee, Jr. – The Trump Indictment: Right Man, Wrong Crime
9 Apr 2023, 9:05 pm by renholding
Most recently and notably, in 2020, in Kelly v. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Epic v. Google judge chides Google for unrepentance and lying about chat deletion, non-monetary sanctions TBD after April 7 discovery cutoff: implications for United States et al. v. Google
29 Mar 2023, 2:29 am by Florian Mueller
Meanwhile, Google has filed its opposition brief, which just like in the Northern District of California is the epitome of denial:United States of America, et al., v. [read post]
FOSS Patents - http://www.fosspatents.com
Climate Change Advisory Opinion Requests: Risk and Reward
27 Mar 2023, 5:31 am by Melissa Stewart
Though it is not a state party to UNCLOS, the United States submitted a written statement “in its capacity as a Member State of the United Nations” in the only advisory opinion decided by the full tribunal to date. [read post]
Lawfare - http://www.lawfareblog.com/
John C. Coffee, Jr.: The Indicting of Trump and How to Avoid the Pitfalls
20 Mar 2023, 9:05 pm by renholding
But in a series of decisions, culminating in Kelly v. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Republicans Are Calling to Impeach Homeland Security Secretary Alejandro Mayorkas, Here’s Why Their Case is Bunk
13 Mar 2023, 6:10 am by Frank O. Bowman, III
Alternatively, the alien can be “paroled,” i.e., released into the United States on conditions pending resolution of his application. [read post]
Just Security - https://www.justsecurity.org/
No, Chevron Deference Will Not Save the FTC’s Noncompete Ban
14 Feb 2023, 11:21 am by Corbin K. Barthold
United States (1935), was “a limited concept. [read post]
Truth on the Market - http://truthonthemarket.com/
Reference Manual – Desiderata for 4th Edition – Part IV – Confidence Intervals
10 Feb 2023, 4:44 am by admin
  To be sure, there are gaps, inconsistencies, and mistakes, but the statistics chapter should be a must-read for federal (and state) judges. [read post]
Tortini - http://schachtmanlaw.com/blog/
Law and Media Round Up – 8 February 2023
8 Feb 2023, 7:36 am by INFORRM
On the same day, Chamberlain J heard an application in the case of VLM v LPB. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
The Proud Boys Jurors: Who Are They and Can They Be Fair?
8 Feb 2023, 5:16 am by Roger Parloff
” The facts of Irvin v. [read post]
Lawfare - http://www.lawfareblog.com/
Pomerantz vs. Pomerantz: An Annotation of His Leaked Resignation Letter in Manhattan DA Trump Investigation
6 Feb 2023, 9:01 pm by Ryan Goodman
His financial statements were false, and he has a long history of fabricating information relating to his personal finances and lying about his assets to banks, the national media, counterparties, and many others, including the American people. [read post]
Just Security - https://www.justsecurity.org/
When it comes to ADA tester standing in the Ninth Circuit, the truth no longer matters.
6 Feb 2023, 7:45 pm by Richard Hunt
” United States v. [read post]
Accessibility Defense - http://accessdefense.com
[Eugene Volokh] Gag Order Bans Political Tweeter from Naming Man Who Accused American Conservative Union President of Groping
2 Feb 2023, 5:01 am by Eugene Volokh
Plaintiff [also] points out that the third-party he accuses of sexual assault is a high-ranking person in well-known advocacy organizations that are active in Republican and conservative political circles, and defendant was "a key organizer of the January 6, 2021, 'Stop the Steal' rally that led to the attempted insurrection at the United States Capitol. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Who Says the President Should "Invoke" the Fourteenth Amendment?
31 Jan 2023, 4:30 am by Michael C. Dorf
That's inconsistent with both the letter and spirit of the one Supreme Court case that construes Section 4, Perry v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Rodents, insects and animal activity in food facility lead to FDA warning
22 Jan 2023, 9:01 pm by News Desk
  v. [read post]
Food Safety News - http://www.foodsafetynews.com/
[Eugene Volokh] The Vote-by-Tweet Memes Prosecution Can Go Forward, Court Rules
19 Jan 2023, 9:34 am by Eugene Volokh
§ 241 to prosecute conspiracies against the free exercise of the right to vote, constituted fair warning under the controlling standard from United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Lawyers, Zeal, and the Unpopular Client (Part IV) 
18 Jan 2023, 1:47 am by Steve Lubet
That duty included representing those accused of conspiring to overthrow the government, as in United States v. [read post]
The Faculty Lounge - https://www.thefacultylounge.org/