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31 Jan 2017, 9:01 pm by Sherry F. Colb
The Colorado Solicitor General, on the other hand, did not defend the Exoneration Act’s adequacy so much as deny its necessity altogether. [read post]
31 Jan 2017, 8:46 pm by Howard Friedman
Quaintance, 608 F.3d 717  (2010) he wrote a unanimous opinion refusing to allow a RFRA defense to drug charges, upholding the district court's conclusion that defendants, founding members of the Church of Cognizance, did not hold sincere religious beliefs regarding the use of marijuana. [read post]
31 Jan 2017, 1:07 pm by Rebecca Tushnet
Larosa, 796 F.3d 399, 406 (4th Cir. 2015), the court found plausible alternatives to include time-of-day limitations, mandatory disclosure of the caller’s identity, and do-not-call lists. [read post]
31 Jan 2017, 11:43 am by RJ Marse
Defendants open their Objections to Judge Coffin’s F & R by stating that “[c]limate change poses a monumental threat to Americans’ health and welfare by driving long-lasting changes in our climate, leading to an array of severe negative effects, which will worsen over time. [read post]
30 Jan 2017, 5:11 pm by Kenneth Vercammen Esq. Edison
See: Restatement to Torts 2d, §343, Comment f, pp. 217-218 (1965), saying that a proprietor is required to have superior knowledge of the dangers incident to facilities furnished to invitees.Alternatively, one can view these cases as within the category of defective or hazardous conditions created by defendant or by an independent contractor for which defendant would be liable (see introductory note above). [read post]
30 Jan 2017, 2:38 pm
” [Cite] Although I agree with the majority that “a word is known by the company it keeps,” Flores, 729 F.3d at 915, in my view, the rest of the terms in the statute—employs, persuades, induces, entices or coerces— suggest that the defendant must have exerted some sort of improper influence on the minor for the purpose of producing the visual depiction of sexual conduct.Whether that something more has been shown here is where I agree with my… [read post]
30 Jan 2017, 5:59 am by Rebecca Tushnet
Pantron I Corp., 33 F.3d 1088, 1097 (9th Cir. 1994) (even if some consumers were satisfied and became repeat purchasers, claims were false as a matter of law). [read post]
30 Jan 2017, 5:52 am
The judge must, on request, give a copy of the inventory to the person from whom, or from whose premises, the property was taken and to the applicant for the warrant.Federal Rules of Criminal Procedure 41(f)(1)(D). [read post]
29 Jan 2017, 5:01 pm by Steve Kalar
Temkin, 797 F.3d 682, 692-93 (9th Cir. 2015), a decision which tackled § 2X1.1 in the context of solicitation to commit murder. [read post]
29 Jan 2017, 1:27 pm by Edward A. Fallone
Defenders of the President’s power to issue the Executive Order point to a 1950s era statute passed by Congress, Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f)). [read post]