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The Latest Breaking News from Second Circuit

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

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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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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.

Tribune News Service

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.

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

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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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Reason

When Is Government Official's Blocking Commenter from Social Media Page "State Action"?

The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Reason

Equality Slippery Slopes

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Multi-peaked slippery slopes can happen when a significant group of people prefers both extremes to the compromise position. One such situation is when A without B seems unfairly discriminatory. Consider the following example: Position…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

Reason

Second Circuit Allows Title IX Claim by Professor Who Alleged Biased Sexual Misconduct Investigation

From Vengalattore v. Cornell Univ., decided yesterday by the Second Circuit (Judge Amalya Kearse, joined by Judges José Cabranes and Rosemary Pooler): Vengalattore is a male of Indian descent. He became a tenure-track Assistant Professor of Physics … in 2009…. One [of his laboratory assistants], a graduate student—called "Jane Roe"…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Reason

Hermes Birkin Handbags, NFTs, Trademark Law, and Rothschild (but not Controlling the Weather)

From Hermes Int'l v. Rothschild, an opinion issued today by Judge Jed Rakoff (S.D.N.Y.): Around December 2021, defendant Mason Rothschild created digital images of faux-fur-covered versions of the luxury Birkin handbags of plaintiffs Hermes International and Hermes of Paris, Inc. (collectively, "Hermes"). Rothschild titled these images "MetaBirkins" and sold them…

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