First Thoughts

Ninth Circuit

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To everyone's delight, Judge Pregerson arrived just in time to hand out the City Council certificates of appreciation for achieving NAEYC accreditation (again!). It was a joyful occasion with wonderful speeches from Darlene and Leslie, and especially fun to hear at length from Judge Pregerson. He described his humble upbringing in Boyle Heights, the challenge of attending UCLA when he owned only two pairs of shoes, and how happy he is to see the diverse crowd in front him who are the future, "even if the gringoes don't know it." What a privilege to spend time with this distinguished man who still serves on the United States Court of Appeals for the Ninth Circuit at the age of 90. He is the longest serving judge in the history of the Ninth Circuit. He is also a veteran of WWII during which he was a Marine First Lieutenant wounded in the Battle of Okinawa.
"The Los Angeles County Sheriff's Department (LASD) is aware of the Peruta v. San Diego case which addresses the San Diego County Sheriff's Department's concealed weapons permitting policy, and is in the process of conferring with counsel regarding the impact of the decision on the LASD. The LASD will accept applications from all individuals who meet the required criteria and who believe they have good cause for the issuance of a concealed weapons permit. However, the LASD will not make any final decisions with regard to good cause until either: (1) the Peruta decision is withdrawn by a decision to rehear the case in the Ninth Circuit Court of Appeals; (2) a stay is issued by the Ninth Circuit of Appeals or the United States Supreme Court; or (3) the decision becomes final." This was posted by the LASD yesterday...
This Case May Make The Difference The first shoe has dropped in the complicated equal protection part of same-sex marriage litigation, and a good shoe it is. So far, same-sex marriage litigation has been confronted with the constitutional limitations of the Windsor decision and the cases before it on similar subjects authored by Justice Kennedy. The new case is GlaxoSmithKline v. Abbott Laboratories, A Ninth Circuit case decided January 21, 2014. A little background first. For many years, equal protection analysis has begun by a categorization of the class aggrieved. So, for example, race is subject to strict scrutiny, which is basically a legal way to say that such discrimination has no chance and will be struck down. On the other side of the analysis, there has been cases based on wealth or criminal record and these kinds of cases are analyzed using rational basis scrutiny, which means that if there is a rational basis for discrimination, that’s good enough and a legal way to say that the discrim ...
The Second Amendment attorney details the Ninth Circuit decision.
Ninth Circuit: Yes, the Second Amendment still exists
Ninth Circuit: The Second Amendment guarantees the right to carry a gun in public « Hot Air via
SCOTUSBlog highlighted a 127-page ruling yesterday out of the Ninth Circuit, which includes California, reaffirming the Second Amendment. "The amendment means, the panel ruled in a two-to-one decision, that it is unconstitutional to confine the “right to bear” arms solely to the home." I'm glad even generally liberal courts continue to reaffirm the scope of our Second Amendment.
Ninth Circuit holds Second Amendment secures a right to carry a gun
With a major Ninth Circuit victory in California, what does this mean for gun owners in the Golden State and elsewhere? Find out here at Shotgun News.
BREAKING: Ninth Circuit rules that California's "may-issue" CCW carry licensing scheme is unconstitutional -- shall-issue is coming to the Golden State!
Court Grants Expedited Hearing, Allows Withdrawal of State's Defense in Challenge to Nevada *** Marriage Ban federal appeals court has granted the Nevada Governor and Attorney General's request to withdraw a brief defending the state's ban on *** marriage and granted an expedited hearing in the case, Lambda Legal reports: The U.S. Court of Appeals for the Ninth Circuit today granted Lambda Legal's request to expedite the hearing of Sevcik v. Sandoval, its lawsuit challenging Nevada's discriminatory marriage ban. The decision comes just two days after Nevada Gov. Brian Sandoval sought leave to withdraw his brief defending the ban. The Ninth Circuit also granted Gov. Sandoval's request to withdraw his brief. Lambda Legal Senior Attorney Tara Borelli said: The fact that the government defendants no longer are defending Nevada's exclusion of same-sex couples from marriage makes any delay in these loving and committed couples securing the relief they seek particularly intolerable. The wheels of justice are now ...
NCISS Legislative Alert - FCRA Suit: Actual Harm Not Required for Standing Friends and Colleagues, The following is an alert from the NCISS Legislative Committee. The United States Court of Appeals, Ninth Circuit, ruled that a man who filed a lawsuit against Spokeo does not have to prove that he actually suffered specific economic harm under the Fair Credit Reporting Act. This full NCISS Legislative Alert is below, or if the html is stripped, is also available at: NCISS is watching this activity, and will keep our members and profession advised of any progress and concerns. Archives of this and previous NCISS Legislative Alerts can be found at: National Council of Investigation and Security Services, Inc., (NCISS - www.NCISS.org), is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly gro ...
“In the wake of the Ninth Circuit ruling in SmithKline Beecham v. Abbott Laboratories, the Governor has recognized that the writing is on the wall, and that arguments seeking to perpetuate discrimination are becoming extremely difficult to justify,” Borelli said. “Denying marriage to same-sex couples serves no legitimate state interest and is intended solely to perpetuate discrimination.”
June 6, 2005 "California's [1996 medical marijuana] law conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. After the Drug Enforcement Administration (DEA) seized doctor-prescribed marijuana from a patient's home, a group of medical marijuana users sued the DEA and U.S. Attorney General John Ashcroft in federal district court. [Gonzalez v. Raich, docket no. 03-1454] The medical marijuana users argued the Controlled Substances Act - which Congress passed using its constitutional power to regulate interstate commerce - exceeded Congress' commerce clause power. The district court ruled against the group. The Ninth Circuit Court of Appeals reversed and ruled the CSA unconstitutional... the Ninth Circuit ruled using medical marijuana did not 'substantially affect' interstate commerce and therefore could not be regulated by Congress... In a 6-3 opinion delivered by Justice John Paul Stevens [on June 6, 2005], the Court held that the commerce clause gave Congress au ...
[32] June 25, 2012, the United States Supreme Court denied certiorari, confirming the order of the Ninth Circuit.
Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court. The oyster farm is fighting for survival after the Department of the Interior refused to renew a permit that
Update - ICR Injunction. Results of the Contempt Hearings. The 9th Circuit Court Report on the Charges of Contempt of the temporary injunction granted to the Institute of Cetacean Research in December 2012. I am pleased to announce that Appellate Commissioner Shaw has issued his Report and Recommendation in the contempt proceeding brought by the institute of Cetacean Research. After weighing the testimony of the witnesses and reviewing the evidence submitted at the hearing, the Commissioner prepared a detailed and carefully reasoned 79 page Report. With regard to the charges of contempt of the 9th Circuit Court Injunction granted to the ICR against the Sea Shepherd Conservation Society USA, its directors, administrative director and myself, the Commissioner wrote that all parties complied with the injunction and took our best measures to comply with the Injunction. The Commissioner’s Report is subject to approval by the Ninth Circuit Court of Appeals. I am optimistic that the Ninth Circuit will agree wi ...
*** Jurors and Marriage Equality: The Common Legal Thread By Ari Ezra Waldman 22-01-2014 Source: Towleroad.com We all know that some of our best marriage equality news of late has come from unexpected places--namely, Utah and Oklahoma. Federal judges in even deeply conservative states are starting to realize the thinness of anti-equality arguments and the long arm of the Supreme Court's decision striking down the Defense of Marriage Act (DOMA) in Windsor v. United States. JuryThe narrative of marriage equality progress is bound up with a recent story out of the Ninth Circuit, in which a three-judge panel of the appellate court found that you cannot exclude a person from a jury simply because that person is *** More to the point, the court not only concluded that discrimination on the basis of sexual orientation demanded heightened scrutiny, but cited Windsor in support! This is big news. Windsor did not really say anything about scrutiny levels; it kept the unclear status quo from Lawrence despite lower . ...
January 20, 2014 4:00 AM A Strike at the Heart of Obamacare A case against IPAB is heard by the Ninth Circuit — and eventually by the Supreme Court? By Quin Hillyer Archive Latest RSS Send . Print Text Comments 80 Conservatives distressed by a major federal court ruling Tuesday in favor of Obamacare should take heart: What might be an even more potent challenge to the law is scheduled for oral argument on January 28. Tuesday’s decision in Halbig v. Sebelius, by D.C. federal-district-court judge Paul Friedman, shoots down (for now) one of several pending challenges to an Internal Revenue Service rule providing insurance-premium subsidies even to residents of states that do not establish insurance “exchanges” under Obamacare. Conservatives have put lots of stock in these challenges, because without the subsidies the entire Patient Protection and Affordable Care Act (PPACA) becomes far less attractive and therefore politically even less sustainable than it already is. While the challenges to the subs ...
So holds today’s Obsidian Finance Group v. Cox (9th Cir. Jan. 17, 2014) (in which I represented the defendant). To be precise, the Ninth Circuit concludes that all who speak to the public, whether or not they are members of the institutional press, are equally protected by the First Amendment. To qu...
PLR's own Ryan Killian and Zach Tafoya had success at the Ninth Circuit!
Court upholds crackdown on pot dispensaries. "...the Ninth U.S. Circuit Court of Appeals. Without holding a...
Ninth Circuit Court of Appeals affirms dismissal of lawsuits filed on behalf of marijuana dispensaries: In Oct...
THE USC '2006 First Amendment DECISION' - IS SILENCING WHISTLE-BLOWER POLICEMEN OUT OF FEAR. A MAJORITY DON'T UNDERSTAND THEIR First Amendment RIGHT ON 'MATTERS OF PUBLIC CONCERN' BECAUSE IT ISN'T TAUGHT IN THE POLICE ACADEMY!! What is taught and reinforced is Us v. Them which for a Young & Naive citizen, a Rogue citizen, a less than moral citizen, a Racist citizen, an Abusive citizen in uniform is powerful taxpayer sponsored Institutional Protection to abuse others less fortunate, less educated, the marginalized and the poor and get away with it during the Light of day daring other cop witnesses to step forward in uniform without protections; effectively, silencing their speech or risk termination from the dream job with great benefits team! To those witnessing cops: Is it worth it to remain silent when a crime occurred? So, what are concerned citizens going to do about it? Is it someone else's problem until it becomes your problem? Where are black people who are mostly affected by this at on correcting ...
The Ninth Circuit just laid down the law on Cali dispensaries hoping to save their assets. This follows the federal government siege on California two summers ago, a tense time in sunny California. Interesting to note who the big losers are, those who will lose their real estate holdings to federal forfeiture. Before you scream, the federal government has to enforce state law when the state can't or won't. The California Compassionate Act of 1996 clearly stipulated: NON-PROFIT. Were they? Don't make me laugh. Who's still standing? Anybody see Weed Wars? Anybody ever hear of the ASA? Anybody ever hear of the World's Largest Dispensary? Don Duncan, anybody? Let's just say it pays to have friends in high places.
xxx Attension xxx I have a letter where Herb Reed former vocalist of the Platters acknowledges: Personality Production as the management and owners of The Platters. I also have his resignation from the platters singing group. Because he was not happy with Buck Ram's business practices, this is also a 14 day notice dated July, 1969. NOW the Ninth Circuit in Dec. and a few other past decisions. Takes the original business owners "mark" away and awards it to Herb Reed, who is no longer with us, when did Herb Reed feel he was ever entitled to the "mark" Platters.. So you know I had conversations with Herb Reed years ago he never said or indicated he wanted the possession of The Platters name.
Remembering the Roxy Theater on Ninth Street, Cleveland's stop on the burlesque circuit.
Domain squatters may continue to hide their identities through anonymization services in the Ninth Circuit
January 15, 2014 Greetings, Drakes Bay Oyster Farm Supporters! It has been far too long since we have been in touch. Our New Year’s resolution is to keep you informed more regularly! Today we are writing with good news and bad news. The bad news, as you may have already heard, is that the Ninth Circuit denied our petition requesting a rehearing en banc (in other words, a review by the full court; not entirely surprising, since only a small number of such requests are granted). The good news is that we are not giving up! It’s not over until it’s over, and we are now moving ahead with the process of petitioning the U.S. Supreme Court to hear our case. In the coming weeks, we will have more details about the process, our progress, and how you can help. If you want to do something right away, please call Senator Dianne Feinstein (and/or other elected officials) and ask her to support our cause. You can also contribute to the legal defense fund. In other news, we are updating our websites. We’ve create ...
Ninth Circuit Court of Appeals to Decide Fundamental Right to Use Cannabis as Medicine | California NORML
Ninth Circuit today affirmed dismissal of lawsuit by dispensaries that sought to halt federal enforcement on dispensaries
Cybersquatting is a major problem for large companies that seek to protect the integrity of their businesses.
Key Case Law Updates in the Ninth Circuit - a program put on by the Association of Federal Defense Attorneys (AFDA) …
In a trademark infringement claim involving the vocal group, The Platters, the Ninth Circuit considered whether the likelihood of irreparable harm must be established, rather than presumed, by a plaintiff seeking injunctive relief in the trademark infringement context.
The ninth circuit United States court of appeals and the United States Supreme Court has turn the United States constitution into a joke We need to turn their *** into a joke and replace all their ***
This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company's petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court's decision to deny the oyster farm an injunction which would prevent the closure of the farm. The oyster farm
Another interesting article: THE CONFUSED VALUES OF ABORTION – By Chuck Missler China is notorious for its one child policy, in which families face severe fines for having more than one baby, and women have been repeatedly forced to have abortions. Nearly 400 million abortions have been performed in China since the population control policies were enacted during the 1970s, and hearts have been broken as mothers and fathers lose their babies to the brutal forces of the state. In November, the Chinese government relaxed the law to allow couples to have two children if one of the parents is an only child. Even in this atmosphere, there are people who want babies and can’t have them. An obstetrician in China’s northwest Shaanxi Province was recently sentenced to death for tricking new parents out of their babies and selling them–largely to buyers within China itself. Zhang Shuxia was found guilty of trafficking seven babies, but there are suspicions the actual number of newborns sold was much higher. ...
Ninth Circuit declares GoDaddy not contributorily liable for cybersquatting.
Ninth Circuit News: US Courts Issues Warning on Scam Emails - Emails about phony court cases carry computer virus
"Last night’s TUSD board meeting added another element to this epic saga which demonstrates just how complicated...
Silicon Valley employee-poaching case draws closer to trial - Mercury News more
POLICE KILLING PETS. Join Nevada Voters For Animals and State Senator David Parks as we propose a bill in the 2015 legislative session aimed at PREVENTING deadly encounters between police and our pets. According to the producers of Puppycide: The Documentary, "Every 98 minutes, a dog is shot by law enforcement." We are still crafting the language for the NV Dog Protection bill but it will be modeled after the Colorado Dog Protection Act passed in 2013. (are links to recent stories and articles about police killing pets in LV: CIRCUIT COURT DECISION We are so excited about today's 9th Circuit Court of Appeals Opinion in the case of Louisa Thurston v City of North Las Vegas. Thurston's dogs were shot by NLV SWAT while they served a warrant. Significantly, the Ninth Circuit noted that: “At oral argument, the city’s attorney contended that the house had not yet been secured at the time of the shooting, but produced no citation to the record for this assertion. The absence of evidence that the house w ...
blog: Ninth Circuit denies rehearing in case
Ninth Circuit refuses to look at order certifying antitrust by tech employees for anti-poaching conduct
Ninth Circuit oral argument today in Go v. Holder. Is it unlawful to restrict motions to reopen for CAT to changed country conditions?
Statement from Drakes Bay Oyster Company Regarding Denial of En Banc Rehearing The following statement is attributed to Kevin Lunny, owner of Drakes Bay Oyster Company, in response to today’s Ninth Circuit denial of its request for an en banc rehearing. “We believe...
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Well, that's interesting! I guess it sounds right; I wonder if they'll re-file in the proper venue. (1) Daimler AG v. Bauman Date Filed: January 14, 2014 Case 11-965 Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment. Full Text Opinion: PROCEDURE: Petitioner is not answerable to a suit in California for injuries which occurred outside of the United States. Respondent alleges that Petitioner worked with state forces to kidnap, detain, torture and murder Petitioner's employees in Argentina. Personal jurisdiction was based on contacts held by a subsidiary of Petitioner in California. The District Court granted Petitioner's motion to dismiss for lack of personal jurisdiction. On appeal, the Ninth Circuit reversed and held that the subsidiary was an agent for jurisdictional purposes which made Petitioner answerable to suit in California. The Supreme Court rever ...
TUSD legal: We don't have the right to appeal so we are asking Ninth Circuit consider this as special case... the...
New TUSD counsel says HT wants to go to Ninth Circuit to challenge Special Master
Wow, HT Sanchez asking the board to appeal the desegregation issue to the Ninth Circuit to stop the Fisher-Mendoza...
Ninth circuit denies rehearing in oyster farm case via
It's past time we take the Ninth Circuit Court of Appeals and send them to Gitmo with the rest of their comrades- throw Obama in too
VICTORY, at least for today.the U.S. Supreme Court announced it will not review a Ninth Circuit Court of...
Ninth Circuit Rejects Oyster Farm's Appeal: The Ninth Circuit Court of Appeals has rejected a request from a...
Ninth Circuit Court refuses to rehear case of oyster farmer fighting to continue operating in Pt Reyes Natl. Seashore. Supreme Court next?
The U.S. Supreme Court today ruled that the Ninth Circuit Court of Appeals had gone too far when it allowed a...
Holt's mother is a federal appeals judge for the ninth circuit. AWESOME.
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On reasonable suspicion, border searches of computers, and "dignity and interests": &
"...decision from the Ninth Circuit Court of Appeals to stand that overturned this law. It is a fundamental..." (6)
Ninth Circuit rejects Drakes Bay Oyster Company's request to overturn previous ruling ordering the farm to close:
Just posted on the Ninth Circuit web site: "Petitioners Drakes Bay Oyster Company and Kevin Lunny’s motion for leave to file a reply brief in support of their petition for rehearing en banc is DENIED."
The Shape of a Hookah Pipe Base is Not Entitled to Copyright Protection, Sez Inhale Inc v. Starbuzz Tobacco:
and good Monday morning to thee. I missed speaking with you last night ... I crave your energy, your spirit. :-}{-: Yes, please I would like two new books, if can do. 1.) Dr. Richard Alan Miller's latest one, and 2.) 'Red', Sammy Hagar's new autobiography. That would be terrific. BIG thanks to Ms. Megan! There's a very powerful, big letter from a professor of law at U.H. in the Sunday Star-Advertiser called, "Sad truth is our prosecutors don't always wear white hats". :-O It's about the abuse and corruption in federal court in the case I told you about the other day, and in lots of cases. It mentions that one of the judges we are going in front of in the Ninth Circuit Court of Appeals said recently, "there is an epidemic" of violations in America of the kind committed by the prosecutor and allowed by Judge Kobayashi last week. Amazing. Let the BIG LIGHT shine! Here's how it ends ... "This is why the failure of Judge Kobayashi and her colleagues on the benches around the country is so troubling. ...
Today, the U.S. Supreme Court chose not to review a case challenging an Arizona law restricting abortion after 20 weeks, which means a Ninth Circuit ruling striking down the law remains in place. Pro-life activists working for 20-week abortion laws may be discouraged by the Court’s refusal to take t...
Arizona's insane abortion law was knocked down by the Ninth Circuit Court of Appeals and the Supreme Court has declined to hear Arizona's idiotic appeal--Thank you Supreme Court!
"The Supreme Court has declined to take up the state of Arizona’s ban on abortion at 20 weeks, continuing a recent streak of reluctance to revisit the core of the abortion issue. The Court’s choice to let that decision stand means that Arizona’s ban, which drew the line two weeks earlier than other states with such bans did, won’t be enforced, nor will a similar one in Idaho, which also falls in the Ninth Circuit."
Wondering if that "deduction" is a legitimate business expense? Carefully consider it as the penalties could be as much as 75% of the tax underpayment if the IRS can prove a tax return was filed fraudulently. Code Sec. 6663(a) imposes a penalty of 75% of the portion of an underpayment which is attributable to fraud. To establish fraud, IRS must prove, by clear and convincing evidence that (1) the taxpayers underpaid their tax for the year, and (2) some part of that underpayment for that year was due to fraud. (Parks, (1990) 94 TC 654) Fraud for this purpose is defined as intentional wrongdoing, with the specific purpose of avoiding a tax believed to be owed. (DiLeo, (1991) 96 TC 858) Although no single factor may necessarily be sufficient to establish fraud, the existence of several indicia may be persuasive circumstantial evidence of fraud. Courts have developed a nonexclusive list of badges of fraud useful in determining whether there is circumstantial evidence of fraudulent intent. Among the badges of ...
Conservatives are eagerly anticipating the Ninth Circuit Court of Appeals’s hearing later this year of a lawsuit, Friedrichs v. California Teachers Association, brought by a group of public school teachers against the state’s powerful union over the collection of dues for political activities. The CTA argues that the teachers can easily opt out of the political portion of their dues, so essentially the dissident teachers have nothing to complain about. The original complaint by the plaintiffs raises serious doubts about that. Under California’s “agency shop” law, teachers are not required to join the union, but are required to pay union dues, as a condition of employment. Of union expenditures, some 65%–by the union’s estimate–is “chargeable,” i.e. related to collective bargaining and not political activity. The only way to opt out of the remaining, ...
3 of 3 people found the following review helpful 5.0 out of 5 stars `Everything you do in this life has its consequences.' January 12, 2014 By Grady Harp HALL OF FAMETOP 50 REVIEWERVINE VOICE Format:Kindle Edition|Amazon Verified Purchase Kenneth Eade may be best known to readers as the author of BLESS THE BEES: THE PENDING EXTINCTION OF OUR POLLINATORS AND WHAT WE CAN DO TO STOP IT, and A BEE, SEE: WHO ARE OUR POLLINATORS AND WHY ARE THEY IN TROUBLE? - two superlative books about his concern for our environment, a topic he takes to the top level in this superb novel. Eade is an international business lawyer, based in Los Angeles, specializing in international law, Internet Law, appeals and complex litigation. He is a member of the Bar of California, the federal District Court for the Central District of California, and the Ninth Circuit Court of Appeal. He holds a Juris Doctor in Law from Southwestern University School of Law, and a B.A. in Liberal Studies from California State University, Northridge. He ...
This article was published in the January 2014 edition of Make-A-Scene Alaska magazine.  Feeling truly blessed By Vic Kohring January 7, 2014 With 2013 having come to a close, I've reflected back on the year and realize how blessed I really am.  Some may look at my recent experiences and wonder how I can be so positive. I lost a close family member to Alzheimer's Disease after a five year struggle. The U.S. Ninth Circuit Court of Appeals ruled against me following the death of my strongest advocate on the panel, Judge Betty Fletcher, who fought for dismissal of the government's bogus conviction.  I did not win my city council race after attempting to make a political comeback.  Despite all of this, I feel good about the year. Most important is that my father is no longer suffering and is with his Lord and Savior. That fact gives my family and I immense comfort. Regarding my legal case, notwithstanding the setback, I'm still pleased with the overall result. I won my original appeal in 2011 and have bee ...
KE/MOATT United States COURT OF APPEALS FOR THE NINTH CIRCUIT JEANETTA CRANEY, Plaintiff - Appellant, v. LORI FUJISHIGE, Employed with Housing Authority of The County of Los Angeles; et al., Defendants - Appellees. No. 13-55541 D.C. No. 2:13-cv-01767-UA-E Central District of California, Los Angeles ORDER Before: GOULD and WATFORD, Circuit Judges. The district court has denied appellant leave to proceed on appeal in forma pauperis. Our review of the record, however, indicates that appellant is entitled to in forma pauperis status for this appeal. See 28 U.S.C. § 1915(a). Accordingly, appellant’s motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status. The Clerk shall file the opening brief received on May 3, 2013. Because there is no appearance by appellees, briefing is complete.
Judge Rules that Immigrants in Long-term Lock-up Have Rights By Eunice Lee, Detention Attorney, ACLU, Immigrants' Rights Project at 4:41pm Yesterday, a federal district court in Massachusetts ordered the government to provide Mark Anthony Reid, a U.S. Army veteran who has spent over a year in immigration detention, with the basic due process of an immigration bond hearing. The court held that the government may not detain individuals like Reid for more than six months without a hearing to determine if they need to be imprisoned. The decision in Reid v. Donelan adds to a growing consensus among the federal courts that long-term detention without a bond hearing is unlawful, building upon the ACLU's landmark victory in Rodriguez v. Robbins. In that case, we brought a class-action lawsuit on behalf of long-term immigrant detainees and secured a ruling requiring bond hearings after six months. Our victory benefited thousands of immigrant detainees across the Ninth Circuit, which houses 25 percent of people cur ...
You are Probably Breaking at Least One Law with Your Computer Right Now 1: Digital Millennium Copyright (DMCA) Act Most of you have probably heard of this law by now, signed in 1998 by President Clinton, implementing two World Intellectual Property Organization (WIPO) treaties. The DMCA makes it a criminal offense to circumvent any kind of technological copy protection — even if you don’t violate anyone’s copyright in doing so. In other words, simply disabling the copy protection is a federal crime. There are some exemptions, such as circumventing copy protection of programs that are in an obsolete format for the purpose of archiving or preservation. But in most cases, using any sort of anti-DRM program is illegal. This applies to all sorts of copy-protected files, including music, movies, and software. If you’re a techie who likes the challenge of trying to “crack” DRM, be aware that doing so — even if you don’t make or distribute illegal copies of the copyrighted material – is against ...
In an unfortunate decision, the Ninth Circuit held that current possession is not necessary to turnover of funds in a checking account. Shapiro v. Henson (In re Henson), No. 11-16019 (9th Cir. Jan. 9, 2014). When the debtor filed her chapter 7 petition she had outstanding checks in the amount of ove...
Today the Ninth Circuit published Smith v. U.S. Customs & Border Protection, holding that because the petitioner was never in custody, the Court lacked jurisdiction to consider claims under 28 ...
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The Ninth Circuit Court of Appeals will decide on whether citizens in the nine Western states which make up the Ninth Circuit have a fundamental right to possess, use, and distribute cannabis for medical purposes as allowed by state law.
Transcript of Today's Supreme Court Oral Arguments in Mayorkas v. Cuellar de Osorio. As amended by the Child Status Protection Act, the Immigration and Nationality Act has rules for determining whether children who “age out” can obtain immigrant visas as derivative beneficiaries of eligible family members. The question before the Court in this case is whether the statutory provisions allowing the issuance of visas to “aged out” children apply to all family immigrant visa categories or, as the BIA ruled, only some of them. Agreeing with the Ninth Circuit, the families contend that the statute unambiguously allows all “aged out” beneficiaries for family visas to secure visas when the primary applicant does, so that the BIA’s interpretation is unreasonable and undeserving of deference. A bipartisan group of current and former senators who voted for the Child Status Protection Act, including Orrin Hatch (R-Utah), John McCain (R-Arizona), and Charles Schumer (D-NY), filed an amicus brief in sup . ...
Ecuador urged the Ninth Circuit to overturn a decision allowing Chevron Corp
Outpouring of support for DBOC's petition at the Ninth Circuit
Fruit of the Poison Tree: Two Confessions Don't Make it Right - Criminal Law - U.S. Ninth Circuit
Ninth Circuit upholds Barry Bonds' obstruction of justice conviction:
Great ruling for young adults in by the Ninth Circuit Court of Appeals
Despite everything that happened last week, it's nice to see that some judges have the best interests for young...
HAMP MORTGAGE MODIFICATION: Maybe we will be able to force them to honor their promise to modify. More to...
"Ninth Circuit Nominees Face Uncertain Prospects": Scott Graham of The Recorder has this report (registration...
Just in case anyone was worried. - 9th Circuit Rejects Challenge to CA Law Banning "Conversion Therapy"
Finished brushing up Ninth Circuit brief way before deadline. I guess not all litigation has to be deadline driven.
1st-of-its-kind law banning *** "reparative therapy" ruled NOT to violate First Amendment.
The verdict is in--court upholds foie gras ban!. Today the Ninth Circuit Court of Appeals…
Really interesting First Amendment case on CA's attempt to ban some kinds of *** conversion therapy (as to minors):
Ninth Circuit, doesn't count, will be reversed soon.
Unanimous: Ninth Circuit upholds California ban on “ex *** therapy for minors
NINTH CIRCUIT JUDGE in case suggests changing copyright law is 'problem for Congress.'
The Ninth Circuit Court of Appeals upheld California’s ban on the production and sale of foie gras:
Ninth Circuit affirms the denial of a preliminary injunction against a California law banning the production and...
End goal: get called to the bench of the United States Ninth Circuit Court of Appeal.
On Wednesday, the Court of Appeals for the Ninth Circuit...
Oh, by the way, the activist judges on the Ninth just made documentaries of famous people illegal:
Federal Act "preemption war" reaching an end? Read about the latest ruling on our blog -->
Update on the Remand for Government Misconduct in v. Ryan from the Ninth Circuit: We…
*** !? What is up with the Ninth Circuit Court?.
So this happened: Ninth Circuit appeals court rules that celebrity rights trump free speech rights.
Obama chooses 3 lawyers from same California firm for vacant seats on 9th Circuit court: The court said in a s...
US Court favors celebrity over 1st amendment.
Hawaii Court to have live video feed of Ninth Circuit Appeals Court hearing.
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Ninth Circuit Court holds that state and local governments lack the power to tax permanent improvements
"“The Ninth Circuit has had this in their hands for a while and I find it curious that they wait unt
-STUNNING! Ultra-leftist Ninth Circuit Court of Appeals rules against sanctions on the FBI demanded by Muslim...
Ninth Circuit makes it difficult for disfavored buyers to prove Robinson-Patman claims; shifts risk to
SFBar member Michelle Friedland of nominated to Ninth Circuit Ct of Appeals. Via
The EFF is mad that a college kicker won a case against EA for using his likeness in a video game w/o compensation?
California Supreme Court struck it down, Ninth Circuit upheld, the US Supreme Court says you don't have standing. STFU its over.
The Ninth Circuit's video game rulings "cannot be reconciled with each other or the First Amendment" (by
Obama nominated partners Michelle Friedland, 41, and John Owens, 42, to the Ninth Circuit on Thursday:
The Ninth Circuit rules that celebrities' "rights" to their own fame is more important than free speech.
Ninth Circuit rejects frivolous wage and hour appeals of Nordstrom and Con-Way
Ninth Circuit rules a celebrity's "right to publicity" trumps protected speech in EA case
Could this ruling on athlete likeness in video games violating right-of-publicity affect film biopics + etc?
let the explain why the keller vs EA court decision sets a very bad precedent that hopefully gets overturned:
Ninth Circuit Court hands a victory to Dish's ad skipping DVR. Great news for consumers and fair use:
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Anytime a Ninth Circuit Court decision opens with a quote from Alice in Wonderland, you know you're in for a doozy.
So...a antigay grooup in Arizona is attempting one last gasp effort to get the Ninth Circuit to prevent *** marriages in California. Riight.
This afternoon, supporters of Proposition 8 challenged the Ninth Circuit's lifting of the stay in Perry v. Hollingsworth (Schwarzenegger) as premature. Proponents argue that the 25-day window to request a Supreme Court rehearing renders the Ninth Circuit decision premature. The Prop. 8 proponents, including counsel Andy Pugno, argue: "Suspiciously, the Ninth Circuit's announcement late Friday ordering same-sex marriages came as a surprise, without any warning or notice to Proposition 8's official proponents. However, the same-sex couple plaintiffs in the case, their media teams, San Francisco City Hall, L.A. Mayor Antonio Villaraigosa and the California Attorney General all happened to be in position to perform same-sex marriages just minutes after the Ninth Circuit's "unexpected" announcement." The complaint was filed with SCOTUS Justice and Sacramentan Anthony Kennedy, who is assigned to receive interim petitions in the Ninth Circuit. Interestingly, Kennedy dissented in the opinion on Prop. 8, but wrote ...
"The stay in the above matter is dissolved effective immediately.'' That's it. That is the entirety of the order from the Ninth Circuit issued today in a four page document. The first three pages are dedicated to the cover listing all the parties. As anti-climactic as it may seem, it means that a lot of my friends can now get married. Here. In California! Something tells me it may be a very busy summer for florists and caterers.
Update: Same Sex Marriages are going on now at San Francisco City Hall after the Ninth Circuit dissolves the stay in the Prop 8 case. Details on KRON 4 News at 5:00
As of today, there is no appellate opinion (meaning an opinion issued by a court of appeals) against Prop 8. The Supreme Court refused to issue one, and threw out the only other one (the Ninth Circuit's). There is only a trial court opinion. So every agency in California is legally bound to regard P...
Justice Roberts, writing in the opinion of the Court in the Hollingsworth (Prop 8) decision: "For there to be such a case or controversy, it is not enough that the party invoking the power of the court have a keen interest in the issue. That party must also have “standing,” which requires, among other things, that it have suffered a concrete and particularized injury. Because we find that petitioners do not have standing, we have no authority to decide this case on the merits, and neither did the Ninth Circuit." In other words, the plaintiffs had no right to bring suit because they were not harmed by the district court's decision to allow same-sex marriages. Isn't that what we've been saying all along?
So... according to the officially released document by the Supreme Court... all prop 8 ever did was to reserve "the official designation of the term 'marriage' for the union of opposite-sex couples as a matter of constitutional state law." Leaving "'all the constitutionally based incidents of marriage,' including the right to have that marriage 'officially recognized' as such by the state... undisturbed." All this hoo-ha is LITERALLY over semantics. A domestic partnership has all “'the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law . . . as are granted to and imposed upon spouses.' Cal. Fam. Code Ann. §297.5(a).” In other words, it, as the Ninth Circuit said, served no purpose “but to impose on *** and *** through the public law, a majority’s private disapproval of them and their relationships.” It never really took away any tangible rights (thus affirming my annoyance at calling it a *** rights" issue), all i ...
SCOTUS has overturned DOMA ie stated that it is substantially unconstitutional. Then they refused to decide on Prop 8 based on a decision that the petitioners had no standing to appeal. They ordered the Ninth Circuit to void their decision and refer it all back to Judge Vaughn Walker's original CA District court decision. That means that Prop 8 is out and that same-sex marriage is in CA has been reinstated.
The decisions are in. Not the best outcome, but far from the worst. Our work to restore a culture of marriage and family goes on, unabated. 1. Defense of Marriage Act is unconstitutional. Decision means the federal government will recognize marriages from states that have legalized same-sex marriage. Goes no further. 2. Proposition Eight lacks standing. The Court says the Ninth Circuit ruled improperly, and tosses their decision. The original district court judge ruling stands. *** marriage is legal in California, but the ruling goes no further. Will post links throughout the day.
“By tracking and recording the movements of millions of individuals the government can use computers to detect pat-terns and develop suspicions. There is something creepy and un-American about such clandestine and underhanded behavior. To those of us who have lived under a totalitarian regime, there is an eerie feeling of déjà vu.We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we’re living in Oceania.” ~ Chief Judge Alex Kozinski. Ringmaster of the Ninth Circuit, dissenting in U.S. v. Juan Pereda-Moreno (PDF file) [and for those professional and amateur legal beagles who are so sure that so-called “metadata” can be seized by our benevolent federal government without any Fourth Amendment implications, please be advised that Justice Scalia and the Supreme Court agree with Chief Judge Kozinski that it does, at least when it concerns GPS tracking data: (PDF file)]
Wells Fargo ordered to pay $203 million for misleading customers A federal judge on Tuesday reinstated a $203 million penalty against Wells Fargo in a class action suit alleging that the bank affirmatively misled customers and then charged excessive overdraft fees. Rather than processing purchases in a chronological order, as is the common practice, the bank processed its customers' purchases from largest to smallest. The penalty was originally ordered in August 2010, but the US Court of Appeals for the Ninth Circuit tossed the order in December. The case's original judge, Judge William Alsup, reviewed the case and reinstated the penalty after concluding once again that the bank misled its customers about the posting order of charges, and then proceeded to charge the customers for overdraft fees. Wells Fargo plans to appeal the decision. Wells Fargo has been involved in many legal battles recently. The US government filed a lawsuit against the bank in October, alleging that Wells Fargo deliberately concea ...
Yep, this isn't your senior partner's Ninth Circuit. Still pretty liberal, but not like the '80s and '90s.
Who publishes the most majority opinions at the Ninth Circuit? It might not be who you think, sez my story.
“Copyright troll Righthaven finally, completely dead” via Judge Clifton of the Ninth Circuit.
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Race - Alonso storms to victory in Spain 12 May 2013 Fernando Alonso drove a perfect race to give his adoring countrymen the result they dreamed of in in Sunday’s Formula 1 Gran Premio de España 2013 at Barcelona. The Spaniard had to bide his time after failing to get past either Nico Rosberg's Mercedes or Sebastian Vettel's Red Bull at the start, though a brilliant lunge around the outside took him by the Lotus of Kimi Raikkonen and then the Mercedes of Lewis Hamilton at Turn 3. Ferrari were the first of the front runners to make the switch from Pirelli’s medium tyre to the hard, first with fifth-placed Felipe Massa on lap eight, then with Alonso one lap later. Rosberg and Vettel stopped on the 10th lap, leaving Esteban Gutierrez temporarily in the lead for Sauber as he had yet to pit, and though Rosberg resumed in second place behind the Swiss car, Alonso was able to slot into third ahead of Vettel. That was Alonso's first crucial move. The next came on lap 13 as he overtook Rosberg. That triggered ...
Ninth Circuit affirms that Righthaven had no standing to sue as a copyright owner | internetcases via
With traditional press and media outlets merging, consolidating or disappearing altogether, there are fewer and fewer reporters covering the courts. Meanwhil...
Ninth Circuit affirms Righthaven had no standing to sue as a mere business model where they did not own copyrights:
Never had standing to sue, Ninth Circuit confirms.
The folks that sued us a few years ago... turns out the ninth circuit agrees with us.
*** Star News takes a look at how *** rights has changed in the US since Obama became the first sitting president to back equal marriage
Ninth Circuit widens circuit split over whether insider-lenders should be recharacterized as equity - Lexology:
_Obama asks Supreme Court not to hear Armenian Genocide-era insurance claims case._ Washington,DC. – The Obama Administration has urged the Supreme Court not to hear the appeal of the Ninth Circuit's 2012 decision striking down a California law extending the statute of limitations on Armenian Genocide-era life insurance claims,reported the Armenian National Committee of America (ANCA). "President Obama, rather than filing a brief based on the merits of this case, chose instead - on the eve of Prime Minister Erdogan's visit to Washington,DC - to send Ankara a political gift by both deepening his Administration's complicity in the denial of the Armenian Genocide and also obstructing justice for American citizens seeking redress through the U.S. courts",said ANCA Executive Director Aram Hamparian. "We will,despite the President's retreat from principle,persevere in the pursuit of the justice owed the Armenian nation". In a 27-page brief submitted to the Supreme Court the U.S. Solicitor General argues that ...
also provides breakdown of all Ninth Circuit judges' opinions, dissents, etc., from 2010-2012,
Kozinski published fewest opinions (25) on Ninth Circuit from 2010-2012; M Smith (73) and Gould (68) most
"At Ninth Circuit, Moderates Do the Talking": Scott Graham of The Recorder has this report.
Bloggers Win Copyright Argument at Ninth Circuit: The Ninth Circuit sided with bloggers in a closely watched c...
EFF wins appeal by copyright troll Righthaven! The Ninth Circuit has affirmed the decision finding that Righthaven had no right to sue for its campaign to shakedown hundreds of individuals and bloggers for cost-of-defense settlements, effectively ending this breed of troll. (The Ninth Circuit appeal...
Ninth Circuit allows bankruptcy courts to recharacterize loans as equity, applying state law.
The Ninth Circuit appeals court today turned down copyright troll Righthaven’s last ditch effort to salvage its failed business model, upholding the federal district court’s decision to dismiss its bogus copyright case on the grounds that it never actually held the copyrights it was suin
Via~~ Victory! A panel of the Ninth Circuit Court of Appeals today ruled that immigrants who have experienced...
“The Ninth Circuit’s decision clearly rejects the government’s draconian practice of imprisoning immigrants for prolonged periods without meaningful review,” said Deputy Legal Director for the ACLU Foundation of Southern California Ahilan Arulanantham and Senior Staff Attorney at the ACLU Immigrants...
BIG CHANGE: 9th Cir. reverses long-standing precedent; permits debt to be recharacterized as equity. Our analysis:
Jared Dalen Bill of temporary privileges was enacted AFTER 1868. This is because of FEDERAL citizenship that was created. Check this court case from 2009. Pay specific attention to the second paragraph in regulars to the 2nd Amendment... Very telling quote regarding the 2nd Amendment "right". "This necessary "right of the people" existed before the Second Amendment as "one of the fundamental rights of Englishmen." Id. at 2797-98. Heller identified several reasons why the militia was considered "necessary to the security of a free state." First, "it is useful in repelling invasions and suppressing insurrections. Second, it renders large standing armies unnecessary. Third, when the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny." Id. at 2800-01. In addition to these civic purposes, Heller characterized the right to keep and bear arms as a corollary to the individual right of self-defense. Id. at 2817 ("[T]he inherent right of self-defense has been centr ...
A big win for freedom of speech, as I see it. In Righthaven v. Hoehn, the Ninth Circuit has added one more hurdle to prevent copyright trollers - requiring copyright ownership before one can have standing to sue. Righthaven was a copyright-enforcement business that used copyrights of others to sue for infringement. Just one more step to prevent IP trolls from defeating the Internet. - Posted by Professor Matt Bycer
*** under our constution i thought that was the JURY'S decision. oh WAIT he's NEVER been charged! let alone faced the constutionally REQUIRED jury of his peers!
In one district court, currently stayed, and probably facing appeal? Yeah, those. I do hope the Ninth Circuit upholds the ruling.
U.S. Court of Appeals, Ninth Circuit - Other Statutes - Freedom of Information Act - David White v. Department of Defense - Justia Federal Dockets and Filings
Denison Mines Corp., a Canadian corporation has submitted water and air quality permit applications to the Arizona Department of Environmental Quality
Welcome to the Eric DuBois Campaign Website for Circuit Court Judge in the Ninth Judicial Circuit of Florida, Group 10. Attorney Eric DuBois's Campaign Website contains information about his qualifications and experience, and those who have been generous in their endorsement of Eric DuBois's campaig...
Last summer, Craigslist filed a federal lawsuit against the company Padmapper (and some related entities). Padmapper.com is a site that, among other things, allows users to view Craigslist postings on a geographical map. It is a business premised on providing value added services to Craigslist postings -- with some of that added value going back to Craigslist in the form of more users. Craigslist did not like this, and alleged a host of claims -- seventeen of them, by the time they were done with the "First Amended Complaint" (FAC). Among their claims were alleged violations of copyright, trademark, breach of contract, and -- surprisingly -- Computer Fraud and Abuse Act (CFAA). The CFAA claims were not in the original complaint (they showed up only in the September 2012 FAC). Today, the judge ruled that some of the claims would be dismissed, but that many would survive. I am still at a loss about why Craigslist is taking such a scorched earth tactic against a site that appears to help more people find Cra ...
CAUTION CHURCH AHEAD: How the Catholic Church could have won the battle over marriage
This post focuses on a recent Ninth Circuit decision addressing whether reliance on an accountant's advice is a defense to a delinquency penalty.
Why have the National Park Service and Department of the Interior been so silent here? Congressman Tom Cole is on the appropriations and budget committees. If he wanted to, he could help make this happen. His local phone number is (405) 329-6500.
Top Christian Dating Scroller 728x90
Last month, an environmental organization testing the bounds of the reach of the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA) ran into a brick wall wooden pole when t...
The answer to this question depends greatly on what is meant by “conclusive” proof. Can we reach out and touch God or see Him in the same way that we touch and see people? No. But there are countless ways one can know assuredly that God does exist, that He is real, and He is who He says He is. We will look briefly at three ways of proving His existence using both science and the Bible. 1. The Law of Cause and Effect. This law of science states that every cause has its effect and every effect has its cause. This law is the basis of all science. As such, this law bears a relationship to the origin of the heavens and the earth. In fact, scientists agree that the universe has not existed forever, that it had a beginning at some point in time. The theory of relativity, which is almost universally accepted among scientists, has certain implications for this Law of Cause and Effect. One is that the universe, defined as time, space, matter, and physical energy had a beginning, that it is not eternal. And it i ...
At Ninth Circuit Court of Appeals hearing on Packed courtroom. Brings back fond memories of when I clerked for the Ninth Circuit.
New blog post: Ninth Circuit Emphasizes Need for an Insurer to Have a Meaningful Dialogue With the Claimant Wh...
Ninth Circuit Court of Appeals Upholds Caltrans Equal Opportunity Program - see by for background
Ninth Circuit Trims Corruption Case, Citing 'Skilling': A federal appeals court has tossed out most...
Circuit is the ninth collection by way of jelena karleuЕЎa, dead and gone forward-looking 2176 tail a three-ye... 469343
Handed down yesterday, a new Ninth Circuit case on the good faith exception in the Stored Communications Act:
John Towery, who worked for the US military and infiltrated peace groups The Ninth Circuit Court of Appeals ruled…
Ninth Circuit: mobile providers are not illegal file-sharing networks - Lexology...
Dismissal of Sams v. Yahoo! affirmed by Ninth Circuit Court of Appeals..
Ninth Circuit ducks question of arbitrability of California injunctive relief claims.
Americans for Forfeiture Reform will be represented pro bono by the Minnesota law firm of Robins, Kaplan, Miller &...
Ah, yes, per the seminal case of the Ninth Circuit of Anacondas declining jurisdiction for lack of buns, hon.
Vettel did not complete a timed lap, but did more tours round the circuit than Hulkenberg, hence why they are ninth and 10th.
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The opinion on my moot court from last semester is out. SCOTUS unanimously agrees with me and reverses the Ninth Circuit.
Federal court: 'Reasonable suspicion' required for forensic laptop ...: The Ninth Circuit Court of Appeals said 'reasonable suspicion...
Ninth Circuit Rules Reasonable Suspicion of Criminal Activity Required for Forensic Exam of Electronics at Borders
Ninth Circuit upholds ruling for Veoh in case:
Important case: no border search of electronics without reasonable suspicion
Let’s hope they uphold the ruling from the Ninth Circuit.
Ninth Circuit Finds Car May Be Exempted as Wildcard or as Tool of Trade - In re Garcia
[Blog Post] Ninth Circuit notices that we still have some constitutional rights, holding that rights exist at ...
As a batting average, .180 ain't very good. It's also just about the way the Ninth Circuit of the U.S. Court of Ap
Ninth Circuit sides with Veoh in UMG v Veoh appeal (updated)
About to dig in to U.S. v. Cotterman (on digital searches at the border) tl;dr for lawyers
he's conviction was overturned by Ninth Circuit Court of Appeals he was pardoned by clinton during the retry,he wasn't sentenced
Name.Space takes lawsuit to the Court of Appeals for the Ninth Circuit (see March 14th doc)
Lawsuit against Randy Shaw and Tenderloin Housing Clinic moves to Ninth Circuit
Circuit is the ninth police blotter all through jelena karleuЕЎa, in the clear passage 6956 according to strai... 043982
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YES! Unless the Ninth Circuit reverses, National Security Letters are dead in June!
Ninth Circuit Reverses Death Sentence Because of Unconstitutional Actions of Police Officer and Prosecution -
Well, something like 70% of all SCT decisions are reversals. Probably more from Ninth Circuit.
Vía : "Ninth Circuit Limits Search of Electronic Devices at U.S. Borders" > (
Reason number 1776 why I oppose the death penalty.
True, although behind every entertaining Ninth Circuit decision there's a cert petition waiting to be filed.
Worth noting the 90 day stay on the NSL ban so the gov can appeal in the Ninth Circuit. During which they'll issue ALL THE NSLs!
LA hotel registry law will get en banc treatment by Ninth Circuit. 81 USLW 1233 (order)
Ninth Circuit upholds conviction for publication of misleading clinical trial results -
Ninth Circuit rejects Universal Music Group's challenges on why video-sharing site didn't qualify for safe harbor
Ninth Circuit: musical's use of 7 second Ed Sullivan show clip is use.
Ninth Circuit blocks day laborer provision of Arizona immigration law
US Court of Appeals for the Ninth Circuit decided an environmental case yesterday with one of the best plaintiff names I have ever come across: "Great Old Broads for Wildnerness." They got a a partial victory.
Tuesday’s ruling pitches the Fourth Amendment protection against unreasonable search and seizure into the dustbin of history. Photo: Library of Congress. On Tuesday, the Supreme Court disemboweled the Fourth Amendment. In a 5-4 decision, the Court ruled that citizens cannot challenge government wiretapping laws, in particular the unconstitutional Foreign Intelligence Surveillance Act of 1978 and, more recently, the FISA Amendments Act of 2008. According to Justice Samuel Alito, millions of Americans can no longer expect the government to uphold the Constitution and prevent the NSA from conducting dragnet surveillance. The government established so-called “sovereign immunity” last August when the Ninth Circuit in San Francisco dismissed Al Haramain Islamic Foundation v. Obama following a December 2010 court case ruling the NSA’s warrantless wiretap program was illegal. FISA is a near perfect scheme for the government. It allows the Foreign Intelligence Surveillance Court to rubber-stamp surveillanc ...
Look who filed a PROP8 brief: Chris Kluwe and Brendon Ayanbadejo Professional Football Players. Professional athletes encourage the Court to affirm the Ninth Circuit's decision overturning Proposition 8.
As Julian noted earlier, the Ninth Circuit, in an opinion written by Judge Kozinski, has decided that anti-whaling activism qualifies as piracy if it involves violence against a ship on the high seas. I’m running short for time right now, but I want to respond to Kozinski’s key claim about the tradi...
Ninth Circuit rules Wiccan inmates can sue to gain chaplain
F1 NEWS | Alonso, F138 satisfied with "good feelings" ENSURES FERRARI IS "working hard." "Good feeling. It was fun to climb again to a Formula 1 car. We have completed the program," Alonso was pleased after finishing third in the first preseason test Montmeló. The Spaniard has been in 0.336s Rosberg and has been the most active rider of the day with 110 laps of the Circuit de Catalunya. "We are working very hard" Fernando Alonso's car sure the 'Prancing Horse' is "similar to last year", but now try to change the little things that prevented them from competing on "equal footing" last year. "The premiere has been very good, after two months without getting into a Formula 1 is always a good feeling. It was fun to return to enjoy," said the Spaniard, who praised the new car red. "It's similar to last year, but just has a little more grip on the first lap," he said. "Give a little more performance and maybe we can reduce some of the times with the tires have more degradation. Seen After racing in Jerez make ...
[Part one of six] '[to the chief musician upon muthlabben, a psalm of David] I will praise thee, Jehovah, with my whole heart; I will shew forth all thy marvellous works. I will be glad and rejoice in thee: I will sing praise to thy name, O thou most High. When mine enemies are turned back, they shall fall and perish at thy presence. For thou hast maintained my right and my cause; thou satest in the throne judging right. Thou hast rebuked the heathen, thou hast destroyed the wicked, thou hast put out their name for ever and ever. O thou enemy, destructions are come to a perpetual end: and thou hast destroyed cities; their memorial is perished with them. But Jehovah shall endure for ever: he hath prepared his throne for judgment. And he shall judge the world in righteousness, he shall minister judgment to the people in uprightness. Jehovah also will be a refuge for the oppressed, a refuge in times of trouble. And they that know thy name will put their trust in thee: for thou, Jehovah, hast not forsaken the ...
Petition of the day: The petition of the day is: Chappell v. Phillips12-544Issue: Whether the Ninth Circuit conf...
Jonathan Mayer kicks off the intro session with three examples found in ninth circuit thinking
The Press Freedom case is still being heard in federal court in Reno. Founder and Wild Horse Education (WHE) President, Laura Leigh, and WHE Attorney, Gordie Cowan are still in court and testimony may extend into Wednesday. No ruling has been rendered. Stay tuned and hold the good thought! We went back in the archives and found a YouTube about denied access and also a newsletter with the original Ninth Circuit Brief for you to peruse. Thanks again for your support of WHE and this work. Denial of access at the Broken Arrow wild horse roundup: Circuit brief -
Student Joe Boniwell ('13) is American College of Banktruptcy's 2013 Distinguished Law Student for Ninth Circuit.
Greyson Fletcher is in Australia right now, getting ready to skate in the Bondi Bowl. If you're in the area, go show him your support! - Vans BOWL-A-RAMA™ Bondi hits the shores of Bondi Beach from February 19 – 24, 2013; with Sydney the second stop of the 2013 circuit. In its ninth year, Vans BOWL-A-RAMA Bondi boasts a four day line up of skateboarding infused cultural activities with competition taking place Saturday February 23. Bondi crowds will witness the most impressive line up of skate talent, with both the Pros and Masters division competing for an overall prize purse of $100,000 AUD. The biggest prize purse in the competition’s history.
HSLDA has filed the opening brief in an appeal aimed at holding social workers responsible for making unlawful demands in a home investigation.
UPDATE ON SENATE 250 Need to specifically focus attention on Sen. Mark Green, Sen. Lowe Finney and Sen. Doug Overby. It is my expectation that the Republican members of Senate Judiciary are being pressured by Chairman Kelsey to kill the bill on his analysis that it violates the Supremacy Clause. The Senate Judiciary is scheduled to hear Senator Beaver's SB0250 on February 19 at 3pm (some reports indicate 4pm). It is important for each of you to contact these Judiciary members to pass this bill to the full State Senate to be able to debate the merits of this bill publicly on the floor of the Senate. You must encourage them to have the courage to stand up for the Constitution and your rights. Remind them that they swore an oath, and it’s their duty to stand help you preserve your right to keep and bear arms. Senator Brian Kelsey (chairman) (615) 741-3036, sen.brian.kelseyDoug Overbey (615) 741-0981, sen.doug.overbeyStacey Campfield (615) 741-1766, sen.stacey.campfieldMike Bell (615) 741-1946, sen.mik ...
States across the country are trying to protect gun ownership from the long arm of Washington by proposing bills declaring that firearms made and kept within their borders are not subject to federal restrictions. Nine states have proposed such legislation since President Obama and fellow Democrats in the Senate began trying to tighten federal gun laws in the wake of several mass shootings that occurred within months of each other. “There’s a lot of momentum,” Montana activist Gary Marbut told FoxNews.com on Monday. Marbut was behind the original Firearms Freedom Act, which says the Commerce Clause allowing Congress to regulate inter-state commerce does not apply to the in-state manufacturing, selling and ownership of firearms. Montana passed the bill in 2009. Since then, a host of other states have tried to pass copycat legislation. Alabama, Georgia, Indiana, Michigan, Mississippi, Nebraska, Oklahoma, Pennsylvania and Washington have proposed such legislation since January -- following the Dec. 14, ...
Philander claimed his ninth five-wicket haul in just his 15th Test. It was also his fourth at Newlands and took his total tally of Test wickets to 87. His wickets per Test sit at 5.8 (his new-ball partner Dale Steyn's are at 5.1) and his average remains a staggering 16.81, statistically making him the most dangerous bowler on the international circuit. Of all current cricketers, Philander has the lowest average by some distance. Steyn is next with an average of 22.68. Source : Cricinfo
In a recently held negotiation competition, a team from the UA James E. Rogers College of Law went up against the University of California, Los Angeles; University of California campuses at Davis and Berkeley; the University of Southern California; and Brigham Young University.
Ninth Circuit upholds asbestos conviction and four-year sentence for developer - Join talk at:
Today, our team heads down to Pioneer Courthouse for their second-to-last practice rounds, which will be in the Ninth Circuit Courtroom and in front of some clerks for both Judge Graber and Judge O'Scannlain (sadly, neither of the judges can take part this year). Tomorrow will be their final practice round, to which we have invited the entire student body. And then Wednesday, we're off to White Plains!
But the dissenting judges lacked the votes to reinstate the conviction he tossed last year after saying the judge should have held a competency...
Maryland became the ninth state to legalize the medical use of marijuana. Governor Robert L. Ehrlich, Jr. signed a bill (which went into effect on October 1, 2003), that applies to defendants possessing less than one ounce of marijuana and who can prove they used marijuana out of medical necessity and with a doctor's recommendation. Under Maryland's medical marijuana law, patients are protected from a criminal record and possible imprisonment. The maximum penalty for possession of marijuana by a patient with a valid doctor's recommendation is $100. Ehrlich, the first Republican governor to sign a bill relaxing penalties for medicinal use of marijuana, signed the measure despite intense pressure from the Bush administration to veto it. Recently, Frederick County Circuit Court Judge John H. Tisdale granted "probation before judgment" to a woman charged with marijuana possession. A letter from the woman's physician proved her medical necessity both to the court and to the assistant state's attorney. The medi ...
"It is very appropriate that from this cradle of the Confederacy, this very heart of the great Anglo-Saxon Southland, that today we sound the drum for freedom as have our generations of forebears before us time and again down through history. Let us rise to the call for freedom-loving blood that is in us and send our answer to the tyranny that clanks its chains upon the South. In the name of the greatest people that have ever trod this earth, I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever." Governor George C. Wallace 1963 Admit it, as you read this speech it sounds very familiar since you hear similar formulations from White Southern politicians today. Its only when you get the to last line about segregation that you recoil because its no longer fashionable, even in the South, to be openly racist. But face it, when people start this blather whatever they tag onto the end (nullification, interposition, seces ...
Great start to the season for Red Bull KTM MX riders The senior titles at the Italian International MX Championship were safe in Orange hands when the three-round series concluded on Sunday at the northern Italian circuit of Arco di Trento with Tony Cairoli picking up both the MX1 and the Elite silverware. MX 1 teammate Ken De Dycker finished second in the MX1 championship and third in the Elite class while Jeffrey Herlings had a great start to his season, winning both the MX2 and the Elite race in his only appearance in the series. Cairoli started the day with style with a great win in the 17-lap MX1 race, winning from Frenchman Steven Frossard by almost four seconds. Teammate De Dycker finished fourth giving both riders enough accrued points in the series to be 1-2 in the championship. Then Herlings celebrated his return to the international circuit with a dominant victory in the MX2 class, crossing the line 28 seconds (!) ahead of eventual title winner Christophe Charlier of France and his KTM factory ...
I think that courts should not be able to mandate AA as a sentence. It violates the separation of church and state because the twelve steps deal (rather in depth) with God. (rational and considerate) Thoughts?
Hinkson and his supporters are urging citizens to write letters to Ninth Circuit Chief Judge Kozinski requesting that he personally read the pending Motion for Reconsideration of the denial of a Certificate of Appealability and find out why no written opinion was offered in this last, and crucial,…
Brooke and Stacy advance to the finals! Soon before the Ninth Circuit: is "teams eliminated by Hastings" a particular social group?
Ninth Circuit Chief Judge Alex Kozinski remarks upon the passing of our dear friend and remarkable colleague, Sandy Svetkov.
To my friends in the USA... how is this possible? The US Supreme Court is protecting the ICR pirates against the only group that is actually trying to enforce laws that the US government have adhered to? If there isn't something fishy here...pun intended.
What is amazing is how gullible even people with higher degrees are, those people who we might think would know better. Apparently, critical thinkers among the so-called educated public are few. Also, those, who have been in the government controlled educational system longer periods of time, have simply provided the system more time to condition and propagandize them, unless they are the type of person to challenge what they are being fed. Wise as Serpents by Fritz Springmeier
Now y'all know why I don't trust Judge Bury or the USP... Ninth Circuit is where justice is... in Califas not...
Tucson Unified School District has received approval from the U.S. District Court to close 11 schools.
Today a federal judge denied a complaint from the Humane Society of the United States (HSUS) to halt the killing of California sea lions at the Bonneville Dam.
Federal Appeals Court Reinstated Injured IUOE Local 3 Workers Lawsuit Against Monsanto federal appeals court has reinstated a lawsuit against Monsanto by a Bay Area Caltrans driver who said he was sickened by herbicides he sprayed from his truck. Javier Alcala of Redwood City said he developed asthma, lost his sense of smell, and suffered chronic headaches and muscular pain in 2006 after six years as a spray truck operator for the state Department of Transportation. He said more than half of the chemicals he sprayed were Monsanto Roundup herbicides. U.S. District Judge Phyllis Hamilton dismissed Alcala's suit in 2010, saying none of his medical reports or other evidence showed a connection between his ailments and Monsanto's products. The Ninth U.S. Circuit Court of Appeals in San Francisco disagreed Tuesday. "Alcala provided detailed records establishing his workplace exposure to Monsanto's products" and medical reports linking his symptoms to glyphosate, the active ingredient in Roundup herbicides, the ...
A joint motion to stay James Rothery, et al v. County of Sacramento, et al (California CCW case) was just filed in the 9th Circuit Court of Appeals until ninety (90) days following issuance of the Ninth Circuit’s mandate in Mehl v. County of Sacramento, No. 08-15773. I suspect it will be granted.
Ninth Circuit Ruling in Center for Biological Diversity v. Salazar Creates Tension Between Federal and California La...
Ninth Circuit judges offer tips on appellate brief writing and oral argument
The US Supreme Court has denied a plea from anti-whaling group Sea Shepherd to end restrictions on its movement as Japan's whalers accused the activists of violating orders to stay away.Sea Shepherd, which disrupts Japan's controversial whaling missions in the Southern Ocean, last week asked the Sup...
"When a color of such symbolic significance is selected for jail underwear, it is difficult to believe that the choice of color was random. The County offers no penological reason, indeed no explanation whatsoever for its jail’s odd choice. Given the cultural context, it is a fair inference that the color is chosen to symbolize a loss of masculine identity and power, to shame and stigmatize the male prisoners as feminine. * * * Unexplained and undefended, the dress-out in pink appears to be punishment without legal justification." Although the court could have done a little more explaining about how femininity per se is not shameful but was being wrongfully used as such, it's nice to see Sheriff Piehole's petty torments being called out by an incredibly conservative Ninth Circuit judge.
"Ninth Circuit's Tips on Brief Writing and Oral Argument": Rebecca A. Copeland has this post today at her blog,...
~ Today. The Ninth Circuit Court ruled that they can put cameras in our homes already.
Did you know 118 in a 100 is a 282 dollar fine...I do...now...
Michael von Loewenfeldt Argues Mobilehome Rent Control Case in the Ninth Circuit Court of Appeals
On Monday, February 11, 2013, the visiting panel of Ninth Circuit judges in town for oral arguments addressed members of the Hawaii State Bar Association. The event, entitled "Appellate Practice Tips," was hosted by the Federal Bar Association. The panel...
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