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“Judge Kozinski: Time to Rein in Prosecutors”

“In the latest issue of Georgetown Law Journal, Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals turns a critical gaze toward America’s criminal justice system. …one of [the essay’s] major themes is prosecutorial advantage,...Show More Summary

Ninth Circuit rejects class certification because ads differed

6 days agoIndustries / Law : 43(B)log

Cabral v. Supple LLC, --- Fed.Appx. ----, 2015 WL 3855142, No. 13–55943 (9th Cir. June 23, 2015) The court of appeals vacated the certification of a class of purchasers of a dietary supplement. The certified class was “[a]ll personsShow More Summary

6th Circuit Overturned on Same-Sex Marriage

The Sixth Circuit was always the outlier when it came to same-sex marriage. Over the past two years, the Fourth, Seventh, Ninth, and Tenth Circuits have all found a constructional right to same-sex marriage. Meanwhile the Sixth went it alone, rejecting the plaintiffs' claim that refusing to allow them......

Right to Bear Arms -- in Public? 9th Rehears Concealed Carry Case

The Ninth Circuit, sitting en banc, reheard oral arguments last Tuesday in the case of Peruta v. San Diego County, a controversial challenge to California's concealed carry laws. In California, concealed carry -- the possession of a concealed firearm in public -- is generally prohibited, with permits issued only......

Ninth Circuit Allows Department Of Corrections To Designate “Women Only” Job Categories

2 weeks agoNews : Jonathan Turley

By Darren Smith, Weekend Contributor The Ninth Circuit Court of Appeals issued a ruling permitting the Washington State Department of Corrections (DOC) to designate a number of open positions within its prison system that are available solely for female candidates. The Court held that the DOC articulated a well-founded and researched interest in designating a […]

Court Allows Women-Only Guards For Washington Women's Prisons

Just in time for the release of the third season of "Orange is the New Black," the Ninth Circuit has decided an important case involving the governance of women's prisons. If you're a fan of the show, you'll remember that last season, one female prisoner was impregnated by a......

Morning Wrap: Jeh Johnson Fights Depo | Google Evidence

Jeh Johnson, the Homeland Security Department secretary, is fighting a deposition demand in a privacy suit. The Ninth Circuit looks at the admissibility of machine-made evidence. Head count at Paul Weiss swells. This is a roundup of news from ALM and other publications.       

9th Circ. Approves Shell's Oil Spill Response Plans

Shell is more excited than ever to begin searching for oil off the coast of Alaska. Last Thursday, the Ninth Circuit removed a major hurdle for Shell's exploration plans by approving the company's Arctic spill response plans. When the Bureau of Safety and Environmental Enforcement (BSEE) approved Shell's response......

Ninth Circuit Issues Nadia Naffe Opinion

The opinion is here. The outcome is precisely what I expected after watching the video of the oral argument. It’s a win on one issue, and (for now) a temporary setback on another. Here are the two obscure issues the panel was considering. First: did Naffe sufficiently allege that I acted under “color of law” […]

“En Banc Ninth Circuit Urged to Uphold Arizona Judicial Campaign Laws”

Release: On Friday, in Wolfson v. Concannon, the Campaign Legal Center joined with other nonprofit groups concerned with the integrity of the courts in filing an amici curiae brief urging the en banc U.S. Court of Appeals for the Ninth … Continue reading ?

9th Cir. Sides With Big Lagoon Rancheria in Land Dispute

Big Lagoon Rancheria, an Indian tribe near Humboldt County, CA, won a major victory in a recent Ninth Circuit decision. Following the decision, the tribe may finally be able to go forward with its plans to build a new Indian casino and hotel. The lawsuit involved a few acres of......

Are Gun Rights Second-Class Rights? Supreme Court Declines Major Second Amendment Case, Over Fiery Dissent

Does a law that burdens Americans' right to self-defense at times when they are most vulnerable violate the Second Amendment? On Monday, the Supreme Court took a pass on that vital question. In declining to review a Ninth Circuit Court...Show More Summary

Parents of Disabled Student Get Reimbursement for Private Program

The parents of a disabled student in Hawaii are entitled to reimbursement from the state for his private school expenses, the Ninth Circuit ruled on Friday. Since the Hawaii Department of Education failed to propose an adequate public school placement for the student, it was responsible for paying for......

Ninth Circuit Vacates Tax Court Decision On Transferee Liability

In a matter of first impression, the Ninth Circuit held that, in considering whether to regard a transaction under the first part of the Stern test, a court “must consider the relevant subjective and objective factors to determine whether the formal transaction had any practical economic effects other than the [...]

Grand Jury Charges Officer Michael Slager with Murder of Walter Scott

3 weeks agoNews : Mediaite

A South Carolina grand jury has indicted North Charleston Police Officer Michael Slager, 33, on a murder charge in the shooting death of Walter Scott, 50, the Ninth Judicial Circuit Solicitor's Office announced Monday morning.

Illegal arrest? No problem, if it’s immigration

4 weeks agoNews / Crime : SFGate: Crime

Despite an illegal arrest, "evidence obtained from a source not tainted by the misconduct is admissible" to justify deportaiton -- Ninth U.S. Circuit Court of Appeals

Court Strikes Down 1981 Death Sentence for Infant's Torture and Murder

Brett Pensinger, a teen-aged killer who was sentenced to death for the kidnapping and murder of a five-month-old more than 30 years ago, won't be executed after the Ninth Circuit overturned his death sentence on Tuesday. In 1981, the 19-year-old Pensinger kidnapped a San Bernadino infant and her brother. The......

9th Cir. Tosses Idaho Ban on Abortions Performed After 20 Weeks

Idaho's ban on abortions that occur after 20 weeks of pregnancy has been struck down as unconstitutional by the Ninth Circuit. That law placed an arbitrary time limit on abortions before viability, the Court found, and violated women's constitutional right to obtain an abortion before fetal viability. The case......

Ninth Circuit: Idaho’s 20-week abortion ban is unconstitutional

Pro-life advocates say the ruling not only endangers the unborn, but puts women's live at risk.

9th CIRCUIT INVALIDATES IDAHO’S 20-WEEK ABORTION BAN:  The court determined, in McCormack v. Herzog…

9th CIRCUIT INVALIDATES IDAHO’S 20-WEEK ABORTION BAN:  The court determined, in McCormack v. Herzog, that banning abortions at 20 weeks violates the viability line drawn by the Supreme Court in Planned Parenthood v. Casey. The Ninth Circuit panel concluded: The Supreme Court reaffirmed in Casey that an undue burden exists if the purpose or effect of […]

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