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A good primer on federal abstention
18 Nov 2022, 6:24 am by Second Circuit Civil Rights Blog
 The case is Gentes v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Early Edition: October 26, 2022
26 Oct 2022, 4:42 am by Emma Snell
  Supreme Court Justice Samuel Alito yesterday called the leak of his draft opinion overturning Roe v. [read post]
Just Security - https://www.justsecurity.org/
Court rejects continuing violations deadline extension in failure-to-train case
25 Oct 2022, 7:01 am by Second Circuit Civil Rights Blog
” This language comes from the Morgan ruling, and Chin v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Hostile work environment claim fails as plaintiff cannot show it was racially-motivated
21 Oct 2022, 6:30 am by Second Circuit Civil Rights Blog
But the courts want you to produce evidence of these discriminatory motivations that many plaintiffs are unable to deliver.The case is Tassy v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Early Edition: October 20, 2022
20 Oct 2022, 4:42 am by Emma Snell
Signup to receive the Early Edition in your inbox here. [read post]
Just Security - https://www.justsecurity.org/
Court cuts inmate a break over his failure to grieve prison beating
26 Sep 2022, 6:32 am by Second Circuit Civil Rights Blog
 The case is Romano v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Title VII retaliation case fails in the Court of Appeals
22 Sep 2022, 7:44 am by Second Circuit Civil Rights Blog
Chukwueze v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
D.C. Circuit Review: Reviewed – The First Thing We Do, Let’s Sue All the Judges
9 Sep 2022, 1:20 pm by Seth Davis
United States v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
A prior conviction under N.Y. Penal Law § 130.50(3) (1965) categorically “relates to” the sexual abuse of a minor, justifying the sentencing enhancements (for child pornography offenses) of 18 U.S.C. § 2252A(b)(1) and (b)(2) — which aren’t unconstitutionally vague. United States v. Ragonese, No. 20-3371-cr, __F.4th__ , 2022 WL 3903437 (2d Cir. Aug. 31, 2022) (Sack, Lynch, and Bianco, Circuit Judges).
6 Sep 2022, 10:07 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
In a motion for Compassionate Release, “a district court does not have discretion to consider new evidence . . . attacking the validity of the underlying conviction” in weighing “the 18 U.S.C. § 3553(a) factors.” United States v. Amato (Victor Orena), No. 21-2747, __ F.4th ____ (2d Cir. June 15, amended Aug. 31, 2022) (per curiam) (C.J.J.’s Pooler, Sack, and Nathan).
2 Sep 2022, 11:04 am by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Marijuana distribution is still a violation of 21 U.S.C. § 841(a)(1). The Second Circuit REJECTS the argument that marijuana’s inclusion in Schedule I of the Controlled Substance Act (“CSA”) lacks a rational basis and thus violates Fifth Amendment due process and equal protection rights. United States v. Green, Nos. 19-997(L), 19-1027 (Con), __F.4th__ , 2022 WL 3903654 (2d Cir. Aug. 31, 2022) (C.J.J. Sack and Bianco; D.J. Underhill).
2 Sep 2022, 11:01 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
DeSantis Sacks Non-Prosecutor  - The American Spectator | USA News and Politics
5 Aug 2022, 10:14 am by Tom Smith
Supreme Court overturned Roe v. [read post]
The Right Coast - https://rightcoast.typepad.com/rightcoast/
[Eugene Volokh] Roy Moore Loses Libel Suit Against Sacha Baron Cohen in Second Circuit
7 Jul 2022, 4:32 pm by Eugene Volokh
Sack, Sack on Defamation: Libel, Slander, and Related Problems. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The leak, the threats, the violence — reaction to Roe is dark day for nation
26 Jun 2022, 6:54 am by Tom Smith
Actually, it was more of a quarterback sack. [read post]
The Right Coast - https://rightcoast.typepad.com/rightcoast/
Trademark Scholars’ Roundtable Session 3: Abandonment of Trademark Rights
25 Jun 2022, 4:02 am by Rebecca Tushnet
Private equity firms buy businesses b/c of the brand, sack the workforce, find cheaper ways of making thing [read post]
43(B)log - http://tushnet.blogspot.com/
California Court of Appeal Enforces Non-Solicitation of Customers Provision in Joint Venture Transaction Involving Key Employee
22 Jun 2022, 2:08 pm by Robert B. Milligan and Dogan Ervin
” In Blue Mountain Enterprises, LLC v. [read post]
Trading Secrets - http://www.tradesecretslaw.com/
Without early qualified immunity, religious freedom case against federal prison will proceed
22 Jun 2022, 6:27 am by Second Circuit Civil Rights Blog
The Court throws in some language about how qualified immunity is often inappropriate at the motion to dismiss stage.The case is Sabir v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
When do your actions in the district court moot your appeal?
15 Jun 2022, 5:46 am by Second Circuit Civil Rights Blog
Citing a Second Circuit case from 1977 as well as cases from the Seventh and Ninth Circuits, the Court of Appeals (Pooler, Sack and Park) notes that "an amended complaint ordinarily supersedes the original and renders it of no legal effect. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Reflections on the Future of Constitutional Faith: We Can’t Go On, We Must Go On
14 Jun 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Constitutional Faith and Veneration, convened as part of LevinsonFest 2022. [read post]
Balkinization - http://balkin.blogspot.com/
Text Messages Trump Formalities in Ownership Dispute Over Cryptocurrency Business
13 Jun 2022, 3:55 am by Peter J. Sluka
Consider the Fourth Department’s in-depth waiver analysis in McGuire v McGuire (covered in this post). [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/