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The Latest Breaking News from Second Circuit

Do Court-Appointed Prosecutors Violate The Separation of Powers?

Justices Gorsuch and Kavanaugh argue they do, in defense of--checks notes--Steven Donziger.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Anti-Muslim tweets, inactive warrants, and anti-Muslim prison guards.

Reason

Cert. Petition on the First Amendment and Coercive Government Threats in NRA v. Vullo

William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors and I filed a petition earlier this month asking the Supreme Court to review the Second Circuit decision in NRA v. Vullo; I think many of our readers will find it interesting (my apologies for the delay in…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Speedy trials, political advertising, and horseracing.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Flouncing, flaunting, flirting, flouting, foundering, and flounting.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boisterous school children, suspicious mispronunciations, and convicted misdemeanant Don Blankenship.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Dam removal, malicious prosecution, and pre-trial diversion.

Reason

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Court Blocks N.Y. Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)

From Volokh v. James, decided today by Judge Andrew L. Carter, Jr. (S.D.N.Y.): "Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Chastising finger wags, derogatory reports, and steel threats.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bogus arrests, bogus charges, and bogus seizures.

Reason

Title IX, Gender Identity, and the Consequences of Equity

Do the principles of Title IX in sports apply elsewhere?

Reason

Can Court Seal Details Related to Allegations of Misconduct by Federal Prosecutors?

The Second Circuit reverses such a limited sealing order, and sends the case back to the district court for further analysis.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Veterans' benefits, Robert's Rules of Order, and Floribama.

Reason

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Tribune News Service

Stephen L. Carter: Supreme Court should separate sleazy lobbying from the criminal kind

The U.S. Supreme Court heard oral argument Monday in the most important case you’ve never heard of. Although Percoco v. United States has generated few headlines, its reach could alter the way businesses deal with regulators and legislators.

Reason

Publius Publicola Must Make His Identity Public

to continue with his appeal, holds the Second Circuit; because he didn't do so, the appeal was dismissed.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Padded cells, hidden cash, and official duties.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Collisions, allisions, and grand jury witnesses.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Presidential audits, political patronage, and mail inspections.

Reason

Recusal and a Spouse's Long-Past Employment (Including as a Lawyer)

From Dfinity Found. v. N.Y. Times Co., decided today by Judge Lewis Kaplan (S.D.N.Y.): This is a defamation case against The New York Times, two of its reporters, and others. The plaintiff, allegedly a Swiss foundation, moves to recuse the undersigned on the ground that his spouse, whom he married…

Reason

"MTN DEW RISE ENERGY" Doesn't Infringe "Rise Brewing" Nitro-Brewed Canned Coffee Trademark

From Riseandshine Corp. v. Pepsico, Inc., decided today by the Second Circuit, in an opinion by Judge Pierre Leval joined by Judges Denny Chin and Steven Menashi: In a trademark dispute …, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark "MTN DEW RISE ENERGY," appeals…

Reason

Court Allows Sealing of Filings Related to Alleged Federal Prosecutor Misconduct

"There is no question that inaccurate statements were made by the government as part of these proceedings—to both Judge Schroeder and the undersigned"—but it appears that the details of this alleged misconduct remain sealed.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Overgrown grass, recording the police, and lying officers who lie and ruin people's lives and get away with it.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory investigations, reckless investigating, and a consultant's duty.

Reason

Roy Moore Loses Libel Suit Against Sacha Baron Cohen in Second Circuit

From today's opinion in Moore v. Baron Cohen, by Judges Rosemary S. Pooler, Gerard E. Lynch, Raymond J. Lohier, Jr.: Baron Cohen created, co-produced, and co-wrote Who Is America?, a television program that aired on Showtime. As part of the show, Baron Cohen and his team convinced Roy Moore ("Judge…

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