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The Latest Breaking News from the Second Circuit

S. Ct.: Police Had Qualified Immunity for Use of Wristlock on Capitol Sit-In Protester

From Zorn v. Linton, decided today in an unsigned per curiam opinion: On the Governor's inauguration day in Vermont, protesters… The post S. Ct.: Police Had Qualified Immunity for Use of Wristlock on Capitol Sit-In Protester appeared first on Reason.com.

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Court Upholds New York's Limits on Unauthorized Practice of Law

From Upsolve, Inc. v. James, decided Friday by Judge Lewis Kaplan (S.D.N.Y.) (for the earlier decision reaching the opposite result,… The post Court Upholds New York's Limits on Unauthorized Practice of Law appeared first on Reason.com.

Reason

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

Arkansas tooth picks, selective schools, and inconsistent travel plans.

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Second Amendment Roundup: Hawaii's Ban on Firearms on Property Open to the Public

In Wolford, the Supreme Court should clarify the facial/as-applied issue.

Reason

Cavalier Knight's Challenge to N.Y. Bricks-and-Mortar Requirement for Gun Dealers Can Go Forward

An excerpt from Knight v. City of New York, decided yesterday by the Second Circuit, in an opinion by Judges… The post Cavalier Knight's Challenge to N.Y. Bricks-and-Mortar Requirement for Gun Dealers Can Go Forward appeared first on Reason.com.

Reason

Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1)

If the decision doesn't go en banc, it may go to the Supreme Court, because the Second Circuit held the opposite (and there's thus a circuit split).

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When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

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Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Pill-pushing predictions, off-campus speech, and a crude insurrection.

Reason

Second Amendment Roundup: Rug Pulled Out from under Antonyuk

Without a Founding-era analogue, late 19th century restrictions don’t count.

Reason

N.Y. Federal Court Upholds "Algorithmic Pricing Disclosure Act"

From Nat'l Retail Fed'n v. James, decided yesterday by Judge Jed Rakoff (S.D.N.Y.): [T]he Algorithmic Pricing Disclosure Act … provides… The post N.Y. Federal Court Upholds "Algorithmic Pricing Disclosure Act" appeared first on Reason.com.

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Second Amendment Roundup: Antonyuk's and Koons' Historical Feet of Clay

The 2d and 3d Circuits mistook a widely-criticized, private publication for a Founding-era “law.”

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Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Doping horses, DEI trainings, and working on a Saturday

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Big game hunts, Victorian London, and those trendy Trader Joe’s bags.

Reason

Teacher Disciplined for Saying "Privilege" Training Involved "White-Bashing BS" Can Go Forward with First Amendment Claim

"[T]he only evidence of disruption pointed to by Defendants is the fact that a teacher felt uncomfortable at a session designed with the expectation that participants would feel uncomfortable."

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The Troubling Case of Dowd v. United States

I haven't posted on the Volokh Conspiracy in over a decade, because SCOTUSBlog is a better vehicle for my usual… The post The Troubling Case of Dowd v. United States appeared first on Reason.com.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Predatory incursion, financial fraud, and taking your gun to a fandango.

Reason

Second Amendment Roundup: 2d Circuit Upholds License Denials by N.Y. Judge

State Judges who deny gun licenses are held to enjoy absolute judicial immunity.

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.

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Second Amendment Roundup: The Facial vs. As-Applied Quagmire

Public park bans should be held susceptible to facial challenges.

Latin Times

Trump's Final Appeal Denied in E. Jean Carroll Civil Rape Case: $5M Enforcement Begins

The full U.S. Court of Appeals for the Second Circuit rejected his final attempt to challenge a jury's finding that he sexually abused and defamed her. Donald Trump must now start payment of having his assets seized.

Reason

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

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

Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers

The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which…

Reason

NRA v. Vullo Update: Second Circuit Weighs Reviving $100M+ Damages Claim

Readers of the blog may I recall that I was counsel of record for the NRA in the Supreme Court… The post NRA v. Vullo Update: Second Circuit Weighs Reviving $100M+ Damages Claim appeared first on Reason.com.

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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