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Want to Be a Federal Judge by Age 35? Follow Kozinski's Lead

Top of your law school class? On the fast track to making partner? Don't expect us to be impressed. Real gunners become federal judges. Before they're 40. Honestly, it shouldn't be that hard. At least according to the Ninth Circuit's resident conservative, porn aficionado, and cinephile, Judge Alex Kozinski. Kozinski,......

There’s No Religious Freedom to Refuse Service

Last week in Washington state, another special religious privilege bit the dust. The Ninth Circuit appeals court ruled unanimously that a pharmacist doesn’t have the right to refuse to fill a prescription for emergency contraception:...Show More Summary

States Can Require Pharmacy Owners to Provide Birth Control, 9th Rules

States can require pharmacies to dispense birth control even if the pharmacy's owner has religious objections, the Ninth Circuit ruled yesterday. The Court upheld a Washington State law that allowed individual pharmacists to refuse to fill prescriptions because of religious objections, so long as another onsite pharmacist will do......

Barry Bonds: “obstruction of justice” trail peters out

“After more than a decade of wasted tax dollars in the name of ‘justice’ the government has officially dropped its case against the embattled slugger. [Last week] the federal government informed the Ninth Circuit Court of Appeals that it would not ask the U.S. Show More Summary

Big Court Defeat For Marijuana Despite Record Tax Harvests

Even legal medical marijuana businesses have trouble deducting their expenses, and the IRS has just handed the Justice Department a big victory in the influential Ninth Circuit Court of Appeals.

9th Circuit: Marijuana Dispensaries Cannot Deduct Business Expenses, Must Pay Taxes On 100% Of Their Gross Income

The Ninth Circuit on Thursday affirmed the Tax Court (139 T.C. 19 (2012)) and held that § 280E prevents a San Francisco medical marijuana dispensary from deducting ordinary or necessary business expenses because its Vapor Room is a "trade or business... consist[ing] of trafficking in controlled substances...

Dancing Babies, The DMCA, Fair Use And Whether Companies Should Pay For Bogus Takedowns

2 weeks agoIndustries / Law : Techdirt

Earlier this week the Ninth Circuit heard oral arguments in the appeal of Lenz v. Universal. This was the case where Stephanie Lenz sued Universal because Universal had sent YouTube a takedown notice demanding it delete the home movie she had posted of her toddler dancing, simply because music by Prince was audible in the background. Show More Summary

Ninth Circuit: Legal Or Not, Marijuana Facility Cannot Deduct Its Expenses

Legalized medicinal marijuana is yesterdays' news; legal recreational marijuana is the way of the world now, and with each passing year, additional states are considering the legalize-and-tax regime first instituted by Colorado and Washington. While state law is becoming more and more accepting of the idea of free-market marijuana, however, a [...]

Will 'Big Mountain Jesus' Have to Come Down From the Mountaintop?

A three-judge panel from the Ninth Circuit Court of Appeals has heard oral arguments in an atheist group's lawsuit against a statue of Jesus Christ located on a Montana ski-slope.

Activists Forced to Submit to Secrecy & File Appeal in Lawsuit Alleging Domestic Military Spying Under Seal

In a major case involving significant allegations of domestic spying by the United States military, targeted activists have filed an appeal in the Ninth Circuit Court of Appeals. But no members of the press or public can read the appeal because the court forced plaintiffs to file it under seal. The lawsuit, Panagacos v. Towery,...

Criminal Law 2.0

Alex Kozinski, a federal appellate judge on the Ninth Circuit, has just published a powerful critique of the American criminal justice system in the Georgetown Law Journal (titled “Criminal Law 2.0”).  He begins, “much of the so-called...Show More Summary

Morning Wrap: Eric Holder's Time-Out | Judge Rakoff's Skepticism

Eric Holder's next challenge: navigating ethics rules and building a practice. Judge Jed Rakoff, sitting on the Ninth Circuit, ices a major Second Circuit ruling on insider-trading. And the U.S. Senate is expected soon to confirm two circuit nominations. This is a roundup from ALM and other publications.       

Rakoff and Ninth Circuit Throw Cold Water on Insider Trading Ruling

Judge Jed Rakoff and a federal appeals court in California signaled skepticism with last year's appellate ruling that Manhattan U.S. Attorney Preet Bharara has said complicated efforts to prosecute insider trading cases.

So Just Who Owns the Copyright to that Film?

In a recent reversal of its prior nutty decision in Garcia v. Google, the Ninth Circuit Court of Appeals came to its senses and held that an actress did not own any separate copyright interest in her performance that was embodied in a film, so she could not use the [...]

Morning Wrap: Eric Holder Returns to Covington | Loretta Lynch and the World Cup

A round up of news from ALM affiliated publications and around the web: A Q&A with Eric Holder on his return to Covington & Burling, the Ninth Circuit shakes off renegade reputation and the federal judiciary wants Congress to back off.       

“Judge Kozinski: Time to Rein in Prosecutors”

4 weeks agoIndustries / Law : Overlawyered

“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

last monthIndustries / 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

last monthNews : 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 […]

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