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Article • September 24, 2018 • from P&J September, 2018
Reyes v. Sessions, No. 17-1643 (JDB) (D.D.C.) ( F.Supp.3d ) (September 28, 2018) (Judge John D. Bates) by
Article • December 1, 2013
In the Matter of Immigration Petitions, No. 12-4096 (2nd Cir.) (702 F.3d 160) (October 16, 2012) (Judge Dennis G. Jacobs) by In light of the numerous immigration cases in the 2nd Circuit Court that are actually or potentially subject to a future decision by the Government as to whether it …
Article • December 1, 2012
U.S. v. Morrison, No. 10-1926(L) (2nd Cir.) (686 F.3d 94) (July 16, 2012) (Judge Guido Calabresi) by District court's order vacating the defendant's conviction for conspiracy in violation of the Racketeer Influenced and Corrupt Organization Act (RICO), the federal Contraband Cigarette Trafficking Act (CCTA), and New York Tax Law section …
Article • December 1, 2012
Reynolds v. Barrett, No. 10-4208-pr (2nd Cir.) (685 F.3d 193) (July 11, 2012) (Judge Richard C. Wesley) by In a suit against individual state officials brought pursuant to 42 U.S.C. section 1983 for intentional racial discrimination at Elmira Correctional Facility, the district court's order granting summary judgment to defendants on …
Article • May 2, 2011 • from P&J May, 2011
Esmail v. Obama, No. 10-5282 (D.C. Cir.) (639 F.3d 1075) (April 8, 2011) (Per Curiam) by For a commentary on this decision, see "A judge blasts the Court: A senior federal Circuit judge bitterly assails the Supreme Court for its 2008 ruling in a major Guantanamo case, and suggests the …
Article • January 11, 2010 • from P&J January, 2010
ACORN v. U.S., No. 09-cv-4888 (NG) (E.D.N.Y.) (662 F.Supp.2d 285) (December 11, 2009) (Judge Nina Gershon) by During the last Presidential election, it sometimes seemed as if politicians had adopted a dramatic new and universal campaign tactic. Instead of equating themselves at every opportunity with the past standbys of apple …
Article • September 1, 2009 • from P&J September, 2009
U.S. v. Battista, No. 08-3750-cr (2nd Cir.) (575 F.3d 226) (August 6, 2009) (Judge Richard C. Wesley) by In a case arising from the NBA gambling scandal involving former referee Tim Donaghy, judgment ordering defendant to pay restitution to the NBA under the Victim and Witness Protection Act is affirmed …
Article • April 1, 2009 • from P&J May, 2009
Haywood v. Drown, No. 07-10374 (U.S. Supreme Court) (556 U.S. 729; 129 S.Ct. 2108) (May 26, 2009) (Justice Stevens) by Motivated by the belief that damages suits filed by prisoners against state correction officers were largely frivolous and vexatious, New York State passed Correction Law § 24 (herein “CL§24"), which …
Article • December 1, 2008 • from P&J December, 2008
Arriaga v. Mukasey, No. 07-1148-ag (2nd Cir.) (521 F.3d 219) (March 27, 2008) (Judge Dennis G. Jacobs) by Petition for review of BIA's final order of removal on the basis of petitioner's conviction for the offense of stalking is denied where the stalking provision of the removal statute (18 U.S.C. …
Article • August 1, 2008 • from P&J August, 2008
U.S. v. Fell, No. 06-2882-cr (2nd Cir.) (531 F.3d 197) (June 27, 2008) (Judge Barrington D. Jr. Parker) by [Editor's Note: For a commentary about this decision, see "Lethal Rejection," by Steve Statsinger, as posted on the Second Circuit Blog on July 13, 2008 at http://circuit2.blogspot.com/2008/07/lethal-rejection.html as follows: "Donald Fell …
Article • July 1, 2008 • from P&J July, 2008
U.S. v. Campa, No. 01-17176 (11th Cir.) (529 F.3d 980) (June 4, 2008) (Judge William H. Jr. Pryor) by Convicted of espionage and conspiracy to murder Cuban exiles under 18 U.S.C. §§ 794(c), 951, 1117, several defendants appealed their convictions from the United States District Court for the Southern District …
Article • June 1, 2008 • from P&J June, 2008
A.C.L.U. v. Mukasey, No. 07-2539 (3rd Cir.) (534 F.3d 181) (July 22, 2008) (Judge Morton I. Greenberg) by For more than a decade, Congress and the courts have been battling over the permissible boundaries of legislation designed to outlaw child pornography on the Internet. The latest battle lines can trace …
Article • February 1, 2008 • from P&J March, 2008
In Re Motion For Release of Court Records, No. Misc. 07-01 (F.I.S.C.) (526 F.Supp.2d 484) (December 11, 2007) (Judge John D. Bates) by In this case, the ACLU sought release of what it identifies as court orders and government pleadings regarding a program of surveillance of suspected international terrorists by …
Article • August 1, 2007 • from P&J August, 2007
U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 526) (January 29, 2007) (Judge Nicholas G. Garaufis) by U.S. v. Wilson, 483 F.Supp.2d 348 to 537 (E.D.N.Y. June 8, 2006 thru June 12, 2007) (Judge Garaufis) (Docket No. 04-CR-1016 (NGG)) [26 separate rulings] In a series of 26 separate rulings …
Article • July 1, 2007 • from P&J July, 2007
U.S. v. Sampson, No. 04-6001 (1st Cir.) (497 F.3d 55) (July 27, 2007) (Per Curiam) by
Article • April 1, 2007 • from P&J April, 2007
U.S. v. Sampson, No. 04-6001 (1st Cir.) (486 F.3d 13) (May 7, 2007) (Judge Bruce M. Selya) by Here the Court rejected a series of constitutional challenges to the Federal Death Penalty Act (18 U.S.C. § 3591 et seq.); and, for the first time in its history, approved the imposition …
Article • March 23, 2007
Ashcroft v. A.C.L.U., No. 03-218 (U.S. Supreme Court) (542 U.S. 656; 124 S.Ct. 2783) (June 29, 2004) (Justice Kennedy) by For the second time in two years (and the third time since 1997), the Supreme Court has refused, on First Amendment grounds, to approve a Congressional effort to restrict minors’ …
Article • March 1, 2007 • from P&J April, 2007
U.S. v. Wen, No. 06-1385 (7th Cir.) (477 F.3d 896) (February 21, 2007) (Judge Frank H. Easterbrook) by In this case, a panel from the Seventh Circuit unanimously rejected the defendant’s argument that evidence gathered under Foreign Intelligence Surveillance Act ("FISA") cannot be used in domestic criminal investigations or prosecutions. …
Article • March 1, 2007 • from P&J March, 2007
Memije v. Gonzales, No. 06-71282 (9th Cir.) (481 F.3d 1163) (March 26, 2007) (Per Curiam) by Last summer, in Memije v. Gonzales, 187 Fed. Appx. 775 (9th Cir. July 3, 2006) (“Memije I”), a panel from the Ninth Circuit rejected an appeal by two Mexican immigrants, a husband and wide, …
Article • February 1, 2007 • from P&J February, 2007
A.C.L.U. v. Gonzales, No. 98-5591 (E.D.Pa.) (478 F.Supp.2d 775) (March 22, 2007) (Judge Lowell A. Jr. Reed) by Here the Court held that the Child Online Protection Act ("COPA"), 47 U.S.C. § 231, facially violates the First and Fifth Amendments of the Constitution and permanently enjoined the Attorney General from …
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