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The Latest Breaking News from Circuit

What Is The Burden Of Proof In Judicial-Council Factfinding?

The 6th Circuit has followed the clear and convincing evidence standard since at least 1993, but the actual rule is silent on this issue.

Reason

Fifth Circuit to Hear Oral Argument on the Victims' Families' Challenge to the Dismissal of the Boeing Criminal Case

I hope to convince the Fifth Circuit to fully protect the families' rights under the Crime Victims' RIghts Act.

Reason

D.C. Circuit Upholds Presidential Removal of MSPB and NLRB Members

On the eve of Trump v. Slaughter, the D.C. Circuit offers a way to distinguish Humphrey's Executor.

Reason

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The Third Circuit's Curious Opinion on the "De Facto" U.S. Attorney for the District of New Jersey

The Circuit's decision appears to invite the workaround of dividing responsibilities between two persons in the U.S. Attorney's Office, who could then each exercise half of that Office's powers.

Reason

Victims' Families Ask the Fifth Circuit to Overturn the Dismissal of the Criminal Case Against Boeing

My two petitions for writs of mandamus challenge the Justice Department's violation of the Crime Victims' Rights Act and argue for substantive "public interest" review of prosecutors' dismissal motions.

Reason

IRS Agents Who Revealed Details About Hunter Biden Investigation Lose Libel Suit Against Biden's Lawyer

The lawyer's claims that plaintiffs had violated federal law were opinions based on disclosed facts, the court concludes.

Reason

White House vows to appeal after judge sides with Harvard and reverses billions in Trump cuts – as it happened

Spokesperson attacks ‘activist judge’ after administration’s cuts to university research ruled to be illegal retaliation

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The Ninth Circuit Appoints Berkeley Law Dean Erwin Chemerinsky to Defend a Police Officer's Excessive Force Conviction …

... and also allows victim's attorney Caree Harper and me to defend the conviction.

Reason

Who are the Republican Appointed Circuit Judges Who Are Not Taking Senior Status Because Of Emil Bove? (Updated)

Almost all of the judges eligible for senior status now were also eligible in 2020, long before Emil Bove.

Reason

Judge Newman Loses Her Effort to Undo the "Temporary" Bar on Receiving Cases

The D.C. Circuit declines to reach the merits of many of the serious underlying constitutional questions.

Reason

Are Opinions Respecting En Banc Denials "Offensive to Our System of Panel Adjudication"?

The judges on the U.S. Court of Appeals for the Sixth Circuit split over whether they should write about the reasons for their splitting over en banc review.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A sovereign See, a safehouse, and an infinite number of pronouns.

Reason

Chief Judge Boasberg on Politico's Request for Grand Jury Records Related to FBI Director Kash Patel's 2023 Appearance

A short excerpt from yesterday's longish decision by Chief Judge James Boasberg (D.D.C.) in In re Application of Politico LLC… The post Chief Judge Boasberg on Politico's Request for Grand Jury Records Related to FBI Director Kash Patel's 2023 Appearance appeared first on Reason.com.

Reason

Supreme Court Refuses to Consider Eviction Moratorium Takings Case

But Justice Clarence Thomas wrote a strong dissent to denial of certiorari.

Reason

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Destructoid

All Mario Kart World costumes and how to unlock them

Dress up time.

Reason

Standard for Proving Title VII Violation Same for Majority Plaintiffs as for Minority Plaintiffs

The Court rejected some federal circuits' rules that a majority-group plaintiff must "present[] evidence of 'background circumstances' suggesting that the [defendant] was the rare employer who discriminates against members of a majority group."

Reason

Circuit Justice Kagan Never Bothered Calling For A Reply In Trump v. AFGE

The District Court succeeded its TRO with a PI, rendering the government's application moot.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

VHS rentals, true-crime documentaries, and IT techs in the jury room.

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Reason

White Lion Reverses Fifth Circuit Again By Narrowly Reading Record And Question Presented

It is very easy to reverse a court when you exclude virtually every argument from consideration.

Reason

Court OK's N.Y. Repeal of Religious Exemptions from Vaccination Requirement

An excerpt from the Second Circuit's long (and, I think, generally correct) decision yesterday in Miller v. McDonald (Judges José… The post Court OK's N.Y. Repeal of Religious Exemptions from Vaccination Requirement appeared first on Reason.com.

Reason

Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech

Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.

Reason

How Should the District Court Evaluate the Motion to Dismiss the Charges Against Mayor Adams?

Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City.

Reason

The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues

Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.

Reason

D.C. Circuit Declines to Reconsider Decision Concluding CEQ Lacks Authority to Issue NEPA Regulations

A majority of the en banc court instead seeks to explain away the panel's conclusion as dicta. Will the Supreme Court agree?

Reason

Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split

Many people have sued Sean Combs (P. Diddy) for alleged sexual assault in federal court in Manhattan (S.D.N.Y.); many of… The post Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split appeared first on Reason.com.

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