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Confederate Flag License Plates: Whose Speech Is It Anyway?

In case you missed it, the Fifth Circuit recently ruled that Texas has to honor the Sons of Confederate Veterans' request to issue Confederate Flag license plates. The majority's ruling was that the denial of the plate was a viewpoint-based restriction on free speech, and that Texas impermissibly dismissed the......

On Remand from the Supreme Court, Fisher Decided in the Fifth Circuit in Support of Affirmative Action Plan

Thanks so much to the bloggers at the Workplace Prof Blog for inviting me. I am excited to join such a great group as a guest blogger. For my initial post, I’d like to discuss Fisher v. University of Texas...

Fifth Circuit: False Claims for USF Funds Are Not Subject to False Claims Act Suits

Court holds that USF funds, administered by a private corporation, are not “federal funds” within meaning of False Claims Act. One weapon in the government’s anti-fraud arsenal – the False Claims Act – will no longer be available toShow More Summary

The 5th Circuit's pro-affirmative action decision in Fisher "may, paradoxically, tee up a major loss in the larger war."

Richard D. Kahlenberg's explanation is — despite that mixed metaphor — skillfully done:As a matter of process, the Fifth Circuit’s decision plays into the hands of conservatives by expediting the possibility of Supreme Court review in two respects. Show More Summary

NLRB Loses in the Fifth Circuit, But the Controversy Continues

For reasons not entirely clear to legal experts, the NLRB opted to not appeal a Fifth Circuit ruling in D.R.Read the Rest...

Are Fisher and Affirmative Action Returning to SCOTUS?

She came, she saw, she got remanded. And now, she'll petition the Supreme Court for another grant of certiorari after the Fifth Circuit once again ruled against her. Abigail Fisher didn't get into the University of Texas at Austin. Others, who were arguably less qualified, did under the university's "holistic"......

Appeals Court Upholds Affirmative Action at the University of Texas

The Fifth Circuit Court of Appeals upheld the University of Texas' consideration of race in its admissions process, writing in their 2-1 decision that the university's affirmative action practices are narrowly tailored to increasing diversity at the school. Show More Summary

Fifth Circuit Court Rules That Texas Cannot Ban Confederate Flag License Plates

last weekLGBT / Gay : Joe. My. God.

Via Raw Story: The 5th U.S. Circuit Court of Appeals on Monday ruled that Texas could not prohibit a group that celebrates the Confederacy from having their own specialty license plates. The federal appeals panel ruled 2-1 that the Texas...Show More Summary

USAO Scolded for Not Prompt Presentment, Keeps Conviction

You already know where this is going from the title: "harmless error," but last week's Boche-Perez decision, out of the Fifth Circuit, provides a stern warning to the overburdened law enforcement agencies near the Mexican Border: a little delay in processing might be fine, even a smidge beyond the six-hour......

Patrick Dempsey Takes Fifth Place at 24 Hours of Le Mans!

Patrick Dempsey sports his racing gear while participating in the 24 Hours of Le Mans Race at Le Mans Circuit on Sunday (June 15) in Le Mans, France. The 48-year-old actor came in fifth place after competing in the race for the third time. PHOTOS: Check out the latest pics of Patrick Dempsey Last week, [...]

Child Porn Restitution Cases Vacated; New Vague Standard Awaits

Yesterday, the Fifth Circuit made it official: The two child-porn restitution orders for Michael Wright and Doyle Paroline, which made it to the U.S. Supreme Court, are now vacated and remanded [PDF] to the district court. The two defendants were ordered to pay restitution for downloading child pornography featuring the......

11th Circuit Court: Police Need a Warrant for Cell Phone Location Tracking

The Eleventh Circuit created a circuit split on Wednesday on whether the Fourth Amendment protects historical cell-site information. Last year, the Fifth Circuit held that it doesn’t; today the Eleventh Circuit held that it does. The Eleventh Circuit’s opinion is premised on the idea that some facts are inherently private. If the government learns those... Read More

Guest Post - Big News From The Big Easy: The Fifth Circuit Protects The Privilege For Communications Between In-House Counsel And Their Business Colleagues

Here's a guest post we received from Reed Smith's Andrew Stillufsen about a discovery topic that afflicts drug/device defendants, as well as those representing any large corporate entity - the applicability of the attorney/client privilege to communications authored by in-house counsel. Show More Summary

Costa Confirmed: Meet Your New 5th Circuit Court of Appeals Judge

And then there were two (vacancies). Congratulations to Judge Gregg Jeffrey Costa, who, yesterday, moved from the district court bench to the Fifth Circuit Court of Appeals after a unanimous confirmation. The filled seat leaves two more vacancies, one from mid-2012, the other from the end of last year, on......

TEXAS: Marriage Briefing Schedule Set

2 months agoLGBT / Gay : Joe. My. God.

Via Equality On Trial: The Fifth Circuit Court of Appeals has filed an order in DeLeon v. Perry, setting the briefing schedule in that challenge to Texas’ same-sex marriage ban. The district court had granted a preliminary injunction...Show More Summary

Fifth Circuit Court of Appeals sets briefing schedule in Texas marriage equality case

2 months agoLGBT / Gay : Prop 8 Trial Tracker

Opening brief in Texas marriage equality case due July 9. The post Fifth Circuit Court of Appeals sets briefing schedule in Texas marriage equality case appeared first on Equality On Trial.

How to Flunk the Bass v. Stryker "Parallel Violation" Claim Checklist

The Fifth Circuit’s decision in Bass v. Strykerallowing a parallel violation claim to survive a motion to dismiss based on allegations of violations of CGMPs earned an honorable mention in our worstdecisions for 2012. The reason it wasn’t...Show More Summary

Fifth Circuit won’t fast track Texas same-sex marriage case

2 months agoLGBT / Gay : Prop 8 Trial Tracker

Fifth Circuit Court of Appeals declines to speed up Texas marriage equality case. The post Fifth Circuit won’t fast track Texas same-sex marriage case appeared first on Equality On Trial.

Jury Power Gets a Courtroom Nod in Possible Boost for Nullification

2 months agoNews : Reason

Earlier this month, the authority of he jury received a welcome nod from the Fifth Circuit Court of Appeals. In a case in which the defendant confessed in the courtroom to all of the charges against him, the court ruled that a directed...Show More Summary

MotoGP Grand Prix of France 2014: Race Schedule, Live Stream and Top Riders

The Le Mans Bugatti circuit will play host to the fifth stage of the 2014 MotoGP season on Sunday, where less predictable weather conditions threaten to lead to unexpected results. Dani Pedrosa comes to the Grand Prix of France having...Show More Summary

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