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The Latest Breaking News from Circuit

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.

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

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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

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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.

Reason

A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.

The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.

Reason

How I Learned About The Copyright Act's Statute of Limitations

And how it relates to Warner Chappell Music, Inc. v. Nealy.

Reason

Yet Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity

In February, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. Today, I see that Google received yet one more request that it remove that post from its indexes, and thus vanish it from search results. That's the fourth attempt so far aimed at…

Reason

Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity

In February, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. On Wednesday, Google received a request that it remove that post from its indexes—and thus vanish it from search results—on the theory that the post violated the copyright in a blog post, https://europeannewschannels.blogspot.com/2024/01/fourth-circuit-on-one-sided.html:…

Reason

Team manager dies in paddock incident in Barcelona

Amid preparations for the opening round of the season, Gerhard Freundorfer was involved in a fatal incident with one of the Proton Huber trucks in the Circuit de Barcelona-Catalunya paddock on Tuesday.

Autosport

Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity

Last month, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. Last week, Google received two requests that it remove that post from its indexes—and thus vanish it from search results—on the theory that the post violated the copyright in a Tumblr post, https://www.tumblr.com/case49news/745091056157196289/fourth-circuit-on-one-sided-pseudonymity-in-sexual:…

Reason

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Reason

The Third Circuit Affirms Sanctions Against the Philadelphia D.A.'s Office for Failing to Confer with Crime Victims

The Circuit concludes that the district court appropriately sanctioned the D.A.'s Office for making misleading statements about whether it had conferred with a crime victim's family.

Reason

Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases

The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.

Reason

9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones

The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.

Reason

S. Ct. Will Hear NRA's Case Alleging That N.Y. Government Coerced Companies to Stop Doing Business with NRA

The controversy is similar to part of the controversy in Murthy v. Missouri (formerly Missouri v. Biden), which also involves allegations of government coercion aimed at interfering with speech.

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Reason

Is the Fifth Circuit Becoming the New Ninth?

The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.

Reason

Fifth Circuit to Hear Important Case on Remedies Under the Crime Victims' Rights Act

Tomorrow I will argue that families who lost relatives in the crashes of two Boeing 737 MAX aircraft should be able to confer with prosecutors about prosecuting Boeing for lying to the FAA.

Reason

S. Ct. Calls for Response in NRA v. Vullo

This is the case I wrote about in March, and again last week, when I noted the amicus briefs from state attorneys general, from the Foundation for Individual Rights and Expression, and from two financial and business law scholars. I also noted last week that the New York state government…

Reason

How Will the Mifepristone Case Get Back to the Supreme Court?

On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application…

Metal Hammer

"New York in the '80s was lawless and f**ked-up": How heroin, hardcore and a headless corpse inspired Unsane's insane early adventures in Gotham

Unsane vocalist/guitarist Chris Spencer revisits the NYC noise rock band's formative years ahead of their upcoming Early Cuts European tour

Reason

No Pseudonymity in Employment Lawsuit Claiming Discrimination Based on Past Opiate Addiction

From yesterday's decision by Magistrate Judge Barbara Moses (S.D.N.Y.) in Doe v. Black Diamond Capital Mgmt. LLC: Now before the Court is the motion of plaintiff "John Doe" for an order granting leave to proceed under a pseudonym, or in the alternative, to seal his complaint. {[H]is brief does not…

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…

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