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(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/
Guest Post: Underwriting Risk and Sovereign Wealth Fund Investment in U.S. Private Equity
24 Apr 2023, 1:54 pm by Kevin LaCroix
[v] CFIUS is a US government interagency committee that reviews certain transactions involving foreign investment in the United States to determine their effect on national security. [read post]
The D & O Diary - http://www.dandodiary.com/
Untitled
24 Apr 2023, 1:10 pm by Ronald V. Miller, Jr.
Facts of Satterfield v. [read post]
Maryland Lawyer Blog - http://www.marylandlawyerblog.com/
New Maryland Post-Conviction DNA Test Opinion
24 Apr 2023, 1:10 pm by Ronald V. Miller, Jr.
Facts of Satterfield v. [read post]
Maryland Lawyer Blog - http://www.marylandlawyerblog.com/
Appellant’s submission of (three) “forged letters” of support, to the sentencing court, results in a 5-level increase in offense level: a two level upward adjustment for obstruction of justice (U.S.S.G. § 3C1.1) and the denial of a 3-level reduction for acceptance of responsibility (id. § 3E1.1). United States v. Strange, No. 21-2923, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Pooler, Wesley, and Menashi).
24 Apr 2023, 1:09 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
US Supreme Court declines to hear oil company petitions to move climate change cases to federal court
24 Apr 2023, 1:02 pm by Marissa Zupancic | U. Pittsburgh School of Law, US
While federal common law is not explicitly mentioned in § 1331, the fossil fuel companies cite precedent under United States v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
[Eugene Volokh] S. Ct. Calls for Response in NRA v. Vullo
24 Apr 2023, 12:50 pm by Eugene Volokh
The post S. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Supreme Court hears Arguments on Case Poised to Alter Employers’ Religious Accommodation Obligations
24 Apr 2023, 12:30 pm by Victoria Stockton Breese
We will keep you posted. [read post]
Labor & Employment Law Perspectives - https://www.foley.com/en/insights/blogs/labor-employment-law-perspectives
US Supreme Court to hear two cases about public officials blocking users on social media
24 Apr 2023, 12:23 pm by Lauren Ban | U. Pittsburgh School of Law, US
In the first case, Lindke v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
Is the Government Tracking Your Social Media Activity?
24 Apr 2023, 11:34 am by Shaiba Rather
But some of the most troubling programs continuously monitor the social media posts of non-citizens to decide who gets to live, study, or stay in the United States. [read post]
ACLU News & Commentary - https://www.aclu.org/news/
Proposed changes to HIPAA highlight increased demands for third party access to reproductive health data
24 Apr 2023, 10:41 am by Catherine David, Brad Rostolsky, Smita Patil, Whitney Petrie and Adriana Santomero
Impetus for Proposed Changes OCR cited the Supreme Court decision in  Dobbs v. [read post]
Health Industry Washington Watch - http://www.healthindustrywashingtonwatch.com/
Do I Have to Attend an IME in Person?: A Case Study
24 Apr 2023, 10:00 am by Comitz Stanley
  Search Our Site   The post Do I Have to Attend an IME in Person? [read post]
Comitz Beethe's Disability Insurance Claim Blog - https://www.disabilitycounsel.net/publications/disability-blog/
Enos, Fowler, & Havasy on the Negative Effect Fallacy
24 Apr 2023, 8:55 am by Lawrence Solum
United States. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
[Eugene Volokh] S. Ct. Will Decide: When May Politicians Selectively Block Public Comments on Their Social Media Pages?
24 Apr 2023, 8:55 am by Eugene Volokh
., Davison v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Justices add two cases on liability of officials who block critics on social media
24 Apr 2023, 8:31 am by Amy Howe
Honolulu, and Shell Oil v. [read post]
SCOTUSblog - http://www.scotusblog.com/
New Version of "Originalism after Dobbs, Bruen, and Kennedy: The Role of History and Tradition" by Barnett & Solum
24 Apr 2023, 7:45 am by Lawrence Solum
New York State Rifle & Pistol Association v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
The Car Rule and the Major Questions Doctrine
24 Apr 2023, 7:24 am by Dan Farber
Ever since the Supreme Court decided West Virginia v. [read post]
Legal Planet - https://legal-planet.org/
Too Much of a Good Thing: Jake Linford on Copyright & Attention Scarcity
24 Apr 2023, 7:04 am by Camilla Hrdy
Judge Posner suggested something of this nature, positing in Gracen v. [read post]
Written Description - http://writtendescription.blogspot.com/
Civic Education and Faultlines of Constitutional Democracy
24 Apr 2023, 7:00 am by Guest Blogger
In Brown v. [read post]
Balkinization - http://balkin.blogspot.com/
Securities Plaintiffs Beware: Third Circuit Holds Initiating Suit to Force Settlement May Violate Rule 11 and Can Lead to Mandatory Sanctions Under the PSLRA
24 Apr 2023, 6:41 am by Samuel I. Portnoy
With the 30th anniversary of the Private Securities Litigation Reform Act (PSLRA) on the horizon, the Third Circuit’s recent precedential opinion in Scott v. [read post]
IP Law Alert - http://www.iplawalert.com