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[Jonathan H. Adler] Department of Transportation Lacks the Authority to Require States to Set Greenhouse Gas Reduction Targets for Highways
8 Apr 2024, 4:15 am by Jonathan H. Adler
Judge Hendrix summarizes his opinion in Texas v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
FAQs about the NetChoice Cases at the Supreme Court, Part 1
28 Jan 2024, 4:48 pm by Daphne Keller
How do the NetChoice cases relate to Murthy v. [read post]
Stanford Center for Internet and Society Blogs - http://cyberlaw.stanford.edu/blog
[Sasha Volokh] My amicus brief in today's Fifth Circuit horseracing case
4 Oct 2023, 7:54 am by Sasha Volokh
On remand, my friend Ilan Wurman, law professor at Arizona State, pushed the Appointments Clause argument (among others), but his arguments were rejected by District Judge James Wesley Hendrix; this appeal follows. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Appellant’s submission of (three) “forged letters” of support, to the sentencing court, results in a 5-level increase in offense level: a two level upward adjustment for obstruction of justice (U.S.S.G. § 3C1.1) and the denial of a 3-level reduction for acceptance of responsibility (id. § 3E1.1). United States v. Strange, No. 21-2923, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Pooler, Wesley, and Menashi).
24 Apr 2023, 1:09 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Gibson Dunn Offers 2022 Year-End Securities Litigation Update
27 Mar 2023, 9:01 pm by renholding
In particular, the Second Circuit in SEC v. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
In an appeal from a district court’s decision declining to “reopen [a] detention hearing under 18 U.S.C. § 3142(f),” the Second Circuit concludes that the district court declining to reopen the detention hearing wasn’t an abuse of discretion. And the district court’s consideration of the strength of the evidence against the defendant, in weighing the bail factors listed in § 3142(g), didn’t impinge on the presumption of innocence because that’s a trial right that “has no application to a determination of the rights of a pretrial detainee.” United States v. Zhang, No. 22-1761-cr, __ F.4th ____, 2022 WL 17419594 (2d Cir. Dec. 6, 2022) (C.J.J.’s Raggi, Wesley, and Nardini).
8 Dec 2022, 9:39 am by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
[Eugene Volokh] No Pretrial Appeal for Massachusetts Judge Who Allegedly Helped an Arrestee Evade Immigration Officials
28 Feb 2022, 2:39 pm by Eugene Volokh
From U.S. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Preemption, Bivens, conflicts of interest, and free exercise
3 Nov 2021, 10:26 am by John Elwood
United States, 19-7862, a capital case in which the defendant, Wesley Paul Coonce, argued that his execution would violate the Eighth Amendment because he has an intellectual disability. [read post]
SCOTUSblog - http://www.scotusblog.com/
No new relists, but you should read anyway
27 Oct 2021, 9:15 am by John Elwood
Knight v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Foreign intelligence surveillance and immigration
14 Oct 2021, 11:08 am by John Elwood
” Abdulla v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Free exercise, greenhouse-gas regulation, and a slew of other relists from the long conference
5 Oct 2021, 12:33 pm by John Elwood
Arizona v. [read post]
SCOTUSblog - http://www.scotusblog.com/
District court’s egregious flouting of long-established procedures regarding a jury note and a proposed Allen charge does not constitute “plain error” because its mistakes did not prejudice the defendant
30 Jul 2021, 8:22 am by Yuanchung Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit Vacates 18 U.S.C. § 924(c) Conviction Based On Both Valid And Invalid Predicate Offenses.
28 Jun 2021, 12:13 pm by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Circuit Affirms Grant of Habeas Relief Based on Clear Confrontation Clause Violation.
11 Jun 2021, 9:18 am by Edward S. Zas
In Garlick v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit: 21 U.S.C. § 848(e)(1)(A) Is Not A “Covered Offense” For Purposes Of First Step Act Resentencing.
7 May 2021, 11:40 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
[Eugene Volokh] No Dismissal of Charges Against Massachusetts Judge Who Allegedly Helped an Arrestee Evade Immigration Officials
28 Jul 2020, 11:18 pm by Eugene Volokh
From Judge Leo Sorokin's decision Monday in U.S. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Eligibility for First Step Act relief depends on the statutory offense for which a defendant was sentenced, not the “actual conduct.”
6 Jun 2020, 12:41 pm by Edward S. Zas
” The question in United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit Rules That No Statement of Reasons Is Required For a VOSR Sentence.
11 Feb 2020, 9:34 am by Peggy Cross-Goldenberg
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Circuit Holds That New York Offense of Possession of a Sexual Performance By a Child (N.Y. Penal Law §263.16) Categorically Matches 18 U.S.C §2252(a)(4)(B) and Is an Aggravated Felony Under the INA.
17 Jan 2020, 6:26 am by Colleen Cassidy
In Quito v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Monell, Monell, Monell
6 Dec 2019, 7:02 am by Second Circuit Civil Rights Blog
"The case is Kimble v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/