Trend Results : Fifth Circuit
Blog Post Results (1-20 of 407)
FILTER RESULTS ►Texas Concealed Weapons Permit Ban for Under 21 Constitutional
Texas youth are going to continue having to wait until they turn 21 to get their concealed gun permits. The Fifth Circuit has rejected a claim that Texas law preventing 18 to 20-year-olds from obtaining a Texas concealed weapons permit violates their Constitutional rights. Youth can complain to Congress if......
Daily Writing Sample: When There’s No Fifth Leg to Stand On
"Merely calling someone a copyright owner does not make it so," the Ninth Circuit ruled Thursday, invoking the words of the 16th president of the United States.
The Second Amendment and 18-to-20-Year-Olds
(Eugene Volokh) The Fifth Circuit has voted 8-7 not to rehear NRA v. BATF en banc. The panel decision upholds the federal ban on gun sales by federal firearms licensees to 18-to-20-year-olds; the dissent disagrees. Such a close division on a court of appeals makes it more likely that the Supreme Court will agree to hear the [...]
SCOTUS Press Office Doesn't Proofread Student Newspapers
Lewis and Clark Law School Dean Robert Klonoff has an impressive r?sum?. According to the school’s website, he graduated from Yale Law School, clerked for the Fifth Circuit Court of Appeals, and worked as an Assistant to the Solicitor General. He’s even argued before the Supreme Court eight times. But......
Button takes away 'plenty of positives'
McLaren driver Jenson Button leaves the Shanghai International Circuit in high spirits after claiming a fifth place finish at the Chinese venue on Sunday, bouncing back from a costly retirement in the closing stages of last month's Malaysian Grand Prix.
Court Affirms Another FEMA Trailer FTCA Dismissal
Last year, the Fifth Circuit Court of Appeals ruled that displaced hurricane evacuees may not sue the Federal Emergency Management Agency (FEMA) for formaldehyde exposure under the Federal Tort Claims Act (FTCA) because the plaintiffs lacked subject matter jurisdiction. That case only involved Mississippi plaintiffs, but the outcome doesn’t change......
Fifth Circuit Grants En Banc Review of Sex Stereotyping Case
Michael Maslanka has a terrific post at Work Matters about the case. With his permission I am reposting it here: On March 28, the 5th U.S. Circuit Court of Appeals granted the EEOC's Petition for Rehearing En Banc in Equal...
Cato Weighs In With the Court – Cert.-Stage Amicus Edition
Roger Pilon Adam Chandler, a Yale Law grad who recently completed a clerkship with Judge Patrick E. Higginbotham on the U.S. Court of Appeals for the Fifth Circuit, posted a SCOTUSblog piece this afternoon entitled “Cert.-stage amicus All-Stars: Where are they now?” Guess what? Cato’s number 4 on the list, right behind the U.S. Show More Summary
Is the Star Cop Witness in Debra Milke Murder Case Going to Plead the Fifth?
Armando Saldate Labeled as a Serial Perjurer by the 9th U.S. Circuit Court of Appeals Phoenix, AZ—According to a well placed source there is apparently very fascinating discussion going on within the Maricopa County Attorney’s Office in connection with the 1989 Debra Milke murder case. Show More Summary
Undertakers' Undertaking Fails: Court Strikes La. Casket Rules
It’s official: Barring Supreme Court review, the St. Joseph Abbey monks can sell caskets in Louisiana. The Fifth Circuit Court of Appeals ruled last week that Louisiana morticians had failed to offer a rational basis for a state rule limiting casket sales to licensed funeral directors, The Associated Press reports.......
Fifth Circuit Strikes Down Casket Sales Limit on Rational Basis Grounds
(Eugene Volokh) The decision is St. Joseph Abbey v. Castille (5th Cir. Mar. 20, 2013), and it strikes down “rules issued by the Louisiana Board of Funeral Directors granting funeral homes an exclusive right to sell caskets.” The court concludes that “mere economic protection of a particular industry” is not “a legitimate governmental purpose,” and that the [...]
Student with Special Needs Gets Second Shot at Section 504 Claim
The Fifth Circuit Court of Appeals ruled this week that a student with special needs who sued the Waco Independent School District for failing to her prevent sexual abuse at school should get another shot at making her case. The court’s ruling, however, highlights the importance of a well-pleaded claim.......
Mississippi Tort Reform Survives Fifth Circuit Ringer
The question of whether the Mississippi statutory cap on noneconomic damages violates the Mississippi separation of powers clause sounds like a question for a Mississippi court. But this week, it was the Fifth Circuit Court of Appeals that decided that the Mississippi tort reform statute didn't conflict with the state's......
Fifth Circuit Affirms Constitutionality of Non-Economic Damage Caps
We've just learned, thanks to a head's up from Skadden's Elliott Davis, that the Fifth Circuit today affirmed the constitutionality of Mississippi's $1 million statutory non-economic damages cap. In Learmouth v. Sears, Roebuck & Co., No. Show More Summary
The Nightly Turbo: Poker's Most Influential People, Ari Engel Wins 5th WSOP Circuit Ring
A look at the day's top poker stories including the list of poker's most influential people, Ari Engel's fifth title on the World Series of Poker Circuit, and more.
10 Years of Lies Undermine 'Good Moral Character' Assertion
The distant past can come back to haunt a naturalization applicant. To qualify for naturalization, an applicant must demonstrate that he is "a person of good moral character." In a matter of first impression, the Fifth Circuit Court of Appeals ruled this week that a district court can consider events......
The Fifth Circuit Says No: No “Duty of Additional Communication” Claims, No “Duty to Update” Claims; and Just No to Bartlett
While waiting for next month’s Bartlett oral argument and then the Supreme Court’s decision, and as plaintiffs continue to prod and poke to find ways around Mensing, the Fifth Circuit gave us a nice Valentine’s Day present in Morris v. Show More Summary
La. Chief Justice Johnson Avoids 5th Circuit Battle, Takes Oath
As the final parades roll through New Orleans today, the State of Louisiana can celebrate more than just Mardi Gras. There's a new Chief Justice in town, y'all. And the Fifth Circuit Court of Appeals didn't have to select her. The changing of the guard -- from former Chief Justice......
Lost Homeowners' Association Fees Are Not a Compensable Taking
The Fifth Circuit Court of Appeals decided this week in a matter of first impression that the loss of an association's right to collect assessments on condemned properties does not require just compensation under the Takings Clause of the Fifth Amendment. According to the court, compensating for these types of......
After refusing any ID (even without RFID), Texas student kicked out of school
Attorneys appealed to Fifth Circuit to prevent this injunction, and lost.
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