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13 Jan 2017, 9:18 pm by Sme
United States Securities and Exchange Commission (10th Cir., December 27, 2016) (holding that SEC ALJs are inferior officers rather than employees, and therefore subject to the Constitution's appointments clause; the ALJ presiding over Bandimere's case held his office unconstitutionally)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral… [read post]
18 Aug 2016, 9:36 pm by Patent Docs
Zurko, which strictly speaking is less a patent case than an administrative law decision. [read post]
1 Feb 2021, 9:59 pm by Patent Docs
Patent and Trademark Office determinations mandated that disgruntled patentees and patent applicants show that factual decisions by the Office are not supported by substantial evidence in order... [read post]
28 Nov 2023, 7:06 am by Second Circuit Civil Rights Blog
Accordingly, Officer Pelletier was entitled to qualified immunity.In other words, when the district court is not sure if the case law really supports the plaintiff in a constitutional claim, then qualified immunity must attach. [read post]
29 Aug 2011, 3:49 pm by Eugene Volokh
Cunniffe (1st Cir.), held that the First Amendment protects a right to openly videorecord and audiorecord police officers in public:It is firmly established that the First Amendment’s aegis extends further than the text’s proscription on laws “abridging the freedom of speech, or of the press,” and encompasses a range of conduct related to the gathering and dissemination of information. [read post]
7 Jan 2010, 4:03 pm by Patent Docs
Patent Law, the Court of Appeals for the Federal Circuit determined today that the U.S. [read post]
3 Sep 2009, 2:31 pm
U.S., 156 F.3d 1038, 1041 (10th Cir. 1998); In re Grand Jury Subpoena, 274 F.3d 563 (1st Cir. 2001). [read post]
3 Feb 2011, 11:10 am
"  The officer's orders go entirely unreviewed.There's a good dissent to Hodari D., but it's the law. [read post]
26 Apr 2011, 9:31 am by Adam Santucci
Creedon, __ F.3d __ (3rd Cir. 2011) (pdf) makes clear that absent extraordinary circumstances, prior to suspending a police officer for any reason, a police department must provide the officer with notice and a hearing. [read post]
11 May 2022, 1:54 pm by Eugene Volokh
New Hampshire law does not affect procedures in federal court RSA 105:13-d cannot change the above analysis, because "federal law governs motions to seal records in federal court even when a state law addresses the type of records at issue. [read post]