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26 Aug 2021, 2:59 pm by Kevin LaCroix
App’x 89, 90-91 & n.1 (2d Cir. 2017), which seemed to favor the Sixth and Seventh Circuit’s approach. [read post]
16 Jan 2014, 7:21 am by John Elwood
Chrzanowski, 13-498, a case from the Seventh Circuit that raises a similar question that is on for the January 17 Conference. [read post]
27 Aug 2023, 3:56 pm by Andrew Warren
”[3] “Because the regulation of crime is preeminently a matter for the States, we have identified ‘a strong judicial policy against federal interference with state criminal proceedings. [read post]
2 Jun 2019, 7:44 am by Eugene Volokh
The district court, however, dismissed the female-genital- mutilation charges as unconstitutional on the ground that the relevant statute, 18 U.S.C. [read post]
24 Jan 2014, 12:57 am by Kevin LaCroix
  Although these cases are arguably driven by a California statute which codifies the BRJ only for directors, these cases reflect the potential for a disturbing judicial abandonment of an important protection for officers. [read post]
14 Apr 2009, 4:54 am
The court that sentenced the defendant to a judicially sanctioned drug treatment program may on its own motion, or on the defendant's motion, ord [read post]
14 Feb 2009, 11:56 am
Although reliable numbers are hard to come by, Federal Judicial Center statistics suggest that new class action cases filed in or removed to federal court increased 72% between 2001 and 2007,[1] reaching approximately 4,000 to 5,000 annually as of mid-2007 (the last period for which data are available). [read post]
4 Dec 2022, 5:20 am by Bernard Bell
Indeed, enabling government officials to take actions when unwilling to state the actual reasons for the action defeats a key constraint upon government officials’ pursuit of parochial interests, whether their own or those of others, in derogation of the public interest.[5]  See generally, Publicity, §1.1, STANFORD ENCYCLOPEDIA OF PHILOSOPHY (Jan. 12, 2005, revised Nov. 8, 2021)(entry prepared by Axel Gosseries and Tom Parr).[6] Nevertheless, recognition of the government… [read post]
2 Jan 2017, 4:21 pm by Kevin LaCroix
There were a total of 35 securities suits filed in the Northern District of California in 2016, and another 31 filed in the Central District of California. [read post]
10 Jun 2008, 2:36 pm
Conley, No. 07-1426 In an interlocutory appeal from a decision finding that a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury trial on any debatable factual issues relating to the defense of failure to exhaust administrative remedies, the ruling is reversed and remanded where: 1) juries decide cases and not issues of judicial traffic control; 2) the court can conduct a hearing on exhaustion and… [read post]
30 Dec 2016, 8:08 am by MBettman
In a split decision, the Seventh District Court of Appeals denied Moore’s application for delayed reconsideration, finding that he failed to show an extraordinary circumstance in filing his delayed application because Graham applied only to a sentence of life without possibility of parole, and thus did not apply to his case. [read post]
15 Jan 2008, 12:02 am
Amir Jawdat al-Naeib, a high-ranking judge at the appeals court and a member of the Supreme Judicial Council, was ambushed by gunmen in two cars in the Mansour district of western Baghdad as he was being driven to work from his home. [read post]
3 Feb 2018, 9:18 am by John Floyd
A Texas State Trooper would later tell a state district court judge that a “clean vehicle” with two people in it is “indicators of potential criminal activity. [read post]
8 Sep 2010, 12:46 pm by Charles Kotuby
I do not criticize the district judge in this case, because he was following the common practice. [read post]
24 Feb 2014, 7:36 pm by Mary Pat Dwyer
United States 13-392Issue: (1) Whether, in the context of a First-Amendment-protected contribution to a judicial campaign, the McCormick v. [read post]
27 Mar 2019, 4:12 am by Edith Roberts
Benisek, in which Republican voters are challenging a single Maryland congressional district. [read post]
17 May 2010, 5:49 am by Lawrence Solum
Only Minton, who had been appointed to the United States Court of Appeals for the Seventh Circuit following his 1940 defeat when he had sought reelection to the United States Senate, had any substantial judicial experience before his appointment to Court. [read post]
2 Apr 2018, 9:30 pm by Justin S. Daniel
A panel of three appellate judges disagreed with the district court. [read post]