Search for: "United States Court of Appeals, Third Circuit" Results 81 - 100 of 7,380
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23 Feb 2024, 4:59 pm by Rebecca Tushnet
Though they aren’t in the same position to do agency rulemaking and also suffer from Fed Circuit gatekeeping, which has its own rule for LOC—twenty other factors that no other circuit pays attention to; the Fed Cir refuses to follow SCOTUS on functionality while other circuits comply. [read post]
23 Feb 2024, 2:57 pm by Kathryn Briuglio
On appeal, the United States Court of Appeal for the Third Circuit reversed the district court’s decision. [read post]
Raiders Retreat Realty Co., LLC, 601 U.S. ___ (2024), the country’s highest court overturned a Third Circuit Court of Appeals decision that had created a circuit split regarding the applicability of choice-of-law provisions in marine insurance contracts and when the law of the forum state can override the choice made by the parties to the contract. [read post]
23 Feb 2024, 12:34 pm by John Elwood
But perhaps because the litigants indicated that “the parties are currently engaged in the remedial process aimed at adopting a new [electoral district] map” in the remaining case, the Supreme Court took the unusual step of remanding to the district court “with instructions to enter a fresh judgment from which an appeal may be taken to the United States Court of Appeals for the Ninth Circuit. [read post]
23 Feb 2024, 11:57 am by Lauren Lynch Flick
” The FCC rejected arguments by broadcasters that the FCC should not collect this data at all, and that if collected, the FCC should not release it publicly or on a station-attributable basis due to the risk of third-party pressure on stations with regard to their employment practices, which was found to create unconstitutional harms in two separate cases by the United States Court of Appeals for the District of Columbia Circuit more than… [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
Furthermore, Story would expressly engage in a discussion of the Constitution's "officers of the United States"-language and "office under the United States" three sections later: in Section 791. [read post]
21 Feb 2024, 1:19 pm by Eugene Volokh
Although United States Supreme Court precedent has affirmed the right of parents to control the upbringing of their children, it has also recognized that this right is not absolute in a school setting and that schools may impose reasonable regulations. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
United States, on the President’s removal power, which was “severely undercut[]” by a unanimous Court less than a decade later in Humphrey’s Executor (p. 416). [read post]
20 Feb 2024, 11:12 am by Amy Howe
Court of Appeals for the 5th Circuit, for example, had already put the EPA’s rejection of Texas’s plan on hold. [read post]
19 Feb 2024, 8:14 am by Josh Blackman
That any person who shall hereafter knowingly accept or hold any office under the United States, or any State to which he is ineligible under the third section of the fourteenth article of amendment of the Constitution of the United States, or who shall attempt to hold or exercise the duties of any such office, shall be deemed guilty of a misdemeanor against the United States, and, upon conviction thereof before the… [read post]
16 Feb 2024, 12:30 pm by John Ross
In the standoff between Texas and the United States gov't over Gov. [read post]
15 Feb 2024, 11:41 pm by Lawrence Norden
An extraordinary ruling by the Fifth Circuit Court of Appeals last fall upheld much of a lower court order that restricted the Biden administration’s communication with social media companies. [read post]
15 Feb 2024, 4:33 am by Mark Graber
            SEC. 2 And be it further enacted, That any person who shall hereafter knowingly accept or hold any office under the United States, or any State, to which he is ineligible under the third section of the fourteenth article of amendment of the Constitution of the United States, or who shall attempt to hold or exercise the duties of any such office, shall be deemed guilty of a… [read post]
13 Feb 2024, 11:53 am by Phil Dixon
This post summarizes a published criminal law case released by the Fourth Circuit Court of Appeals during January 2024. [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
  It is like blaming the State of Texas for the migrant crisis when the federal government refuses to the close the border or Congress fails to solve the problem. [read post]
9 Feb 2024, 2:26 pm by Eugene Volokh
On a motion by President Shrum, the United States District Court for the Western District of Oklahoma dismissed the suit for lack of standing, ruling that the United States Supreme Court in Summers v. [read post]