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The Latest Breaking News from first Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Arresting the wrong Jose Vasquez. Arresting the wrong Bethany Farber. Arresting the wrong Juan Martinez.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Pepper spray, carry permits, and adult cabaret.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Reasonable SWAT mistakes, lying forensic pathologists, and de minimis injuries.

Reason

From analysis to the latest developments in health,
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Short Circuit: A Roundup of Recent Federal Court Decisions

Long opinions, long captions, and valuable considerations.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Gift cards, strong medicine, and cloud search warrants.

Reason

An Important Wiretap Act Case Pending in the New Jersey Supreme Court

The law professor hypo come to life.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

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Justice Gorsuch's Dissent from Denial of Review in an Excessive Fines Clause Case

Here's his opinion from today's Toth v. U.S.: In the 1930s, Monica Toth's father fled his home in Germany to escape the swell of violent antisemitism. Eventually, he found his way to South America, where he made a new life with his young family and went on to enjoy a…

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First Circuit: Suitably Narrow Criminal Libel Law Doesn't Violate First Amendment

From Frese v. Formella, decided today by the First Circuit, in an opinion by Judge Jeffrey Howard, joined by Judges William Kayatta and Rogeriee Thompson: New Hampshire's criminal defamation statute provides that "[a] person is guilty of a class B misdemeanor if he purposely communicates to any person, orally or…

Reason

Court Adopts Narrow Approach to Pseudonymity in Title IX Wrongful-Discipline Cases

A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory pepper spray, excessive damages awards, and the power of the purse.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Mean teachers, bad warrants, and merest coincidences.

Reason

1st Cir. Ruling Is Promising for Pseudonymity in Title IX Cases Alleging Biased Sex Assault Investigations

From yesterday's decision of the First Circuit in Doe v. MIT, by Judge Bruce Selya, joined by Judges Rogeriee Thompson and Gustavo Gelpi (note that I submitted an amicus brief in the case, in support of neither side): [I.] The court reaffirms that there is a "strong presumption against the…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

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Short Circuit: A Roundup of Recent Federal Court Decisions

Rubber stamps, pole cameras, and personal vendettas.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

The Independent UK

Ruling threatens US power as world's high-seas drug police

A little-noticed federal appeals court ruling this year threatens a key weapon in the United States’ war on drugs: A decades-old law that gives the U_S_ broad authority to make high-seas drug smuggling arrests anywhere in the world, even if those drugs aren't bound for the U_S_ The Maritime Drug…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighbors from hell, unvaccinated prison staff, and unconscionable sentences.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Acts of state, hedonic damages, and bang-bang commands.

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