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1 Sep 2021, 10:18 pm by Josh Blackman
Instead, they sought a stay of the Fifth Circuit's stay of the District Court's proceedings. [read post]
In Antelope Valley Groundwater Cases, the Fifth District Court of Appeals for California held that where a court must adopt a physical solution and allocate a limited water supply that is insufficient to meet the needs of all water right holders in an overdrafted basin, a court may equitably allocate the available water resources among competing claimants with equivalent priorities. [read post]
In Antelope Valley Groundwater Cases, the Fifth District Court of Appeals for California held that where a court must adopt a physical solution and allocate a limited water supply that is insufficient to meet the needs of all water right holders in an overdrafted basin, a court may equitably allocate the available water resources among competing claimants with equivalent priorities. [read post]
27 Aug 2021, 1:14 pm by John Ross
Fifth Circuit: "But, the difficulty for the ASJ chapter is twofold. [read post]
25 Aug 2021, 8:27 am by Josh Blackman
And the Court seems to endorse the Fifth Circuit's analysis (a per curiam opinion by Judges Elrod, Oldham and Wilson). [read post]
19 Jul 2021, 10:38 am by Peter Margulies
Court of Appeals for the Fifth Circuit, which reached a similar conclusion about President Obama's larger Deferred Action for Parents of Americans (DAPA) program (in 2016, the Supreme Court upheld the Fifth Circuit's DAPA decision in a 4-4 tie following Justice Antonin Scalia's passing). [read post]
7 Jun 2021, 11:32 am by Ilya Somin
The Fifth Circuit judges also noted, that they continued to apply Rostker even though the "factual predicate" underlying that ruling (women's ineligibility for combat positions in the military) no longer holds true. [read post]
31 May 2021, 9:02 am by Richard Hunt
Tester Standing As a follow up to my May 23, 2021 blog on this issue(9), other lower courts have adopted the Fifth Circuits approach to “informational injury” either before or after the Mann Hosp. [read post]
25 May 2021, 5:01 am by Adam Chan
Trump: The Circuit Court Panel On Aug. 28, 2020, a three-judge D.C. [read post]
9 Apr 2021, 10:01 pm by Josh Blackman
Here, the Court formally embraces Judge Sutton's opinion for the Sixth Circuit in Roberts v. [read post]
7 Apr 2021, 9:34 am by fjhinojosa
Camp’s article Form Over Substance in Fifth Circuit Tax Cases is cited in the following article: Nathalie Martin & Lydia Pizzonia, Shadow Credit and the Devolution of Consumer Credit Regulation, 24 Lewis & Clark L. [read post]
24 Feb 2021, 8:05 am by Stephen Wiegand and Emily von Qualen
Circuit Split The Fifth, Eighth, and Ninth Circuits have concluded that at least some non-purposeful incidental takes are not violations of the MBTA. [read post]
2 Feb 2021, 6:30 am by Guest Blogger
Chief Justice Roberts withheld his fifth vote from Justice Breyer’s plurality opinion, concurring only in the judgment. [read post]
4 Jan 2021, 8:12 am by Ian Mance
Chief Justice Beasley’s orders requiring the use of masks in courthouses leaves to the presiding judge the question of whether a witness should testify without a mask in a jury trial. [read post]
31 Dec 2020, 11:12 am by Joe Trytten
Fifth Circuit Court’s Opinion clarifies area of contention under the Jones Act The U.S. [read post]