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Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito)

Article • March 4, 2013 • from P&J March, 2013

Filed under: Standing, Punch And Jurists

Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito) by In the wake of 9/11, the three branches of our Federal Government - the Executive, the Legislative and the Judicial - have alternately combined to authorize and approve …

Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Standing, Punch And Jurists

Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown) by In Re NSA Telecom. Records Litig., 671 F.3d 881 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown) In Re NSA Telecom. Records Litig., 669 F.3d 928 (9th Cir. Dec. 29, …

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (667 F.3d 163) (September 21, 2011) (Per Curiam)

Article • October 3, 2011 • from P&J October, 2011

Filed under: Standing, Punch And Jurists

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (667 F.3d 163) (September 21, 2011) (Per Curiam) by By almost any standards, it has become virtually impossible to get a Federal court, in the aftermath of 9/11, even to consider a complaint that the Government’s many, secret eavesdropping programs violate …

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (638 F.3d 118) (March 21, 2011) (Judge Gerard E. Lynch)

Article • April 4, 2011 • from P&J April, 2011

Filed under: Standing, Punch And Jurists

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (638 F.3d 118) (March 21, 2011) (Judge Gerard E. Lynch) by In a facial challenge by attorneys, journalists, and labor, legal, media, and human rights organizations to the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act of 1978, dismissal …

U.S. v. Carmichael, Jr., No. Crim. No. 2:03CR259-T (M.D.Ala.) (342 F.Supp.2d 1070) (November 12, 2004) (Judge Myron H. Thompson)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Standing, Punch And Jurists

U.S. v. Carmichael, Jr., No. Crim. No. 2:03CR259-T (M.D.Ala.) (342 F.Supp.2d 1070) (November 12, 2004) (Judge Myron H. Thompson) by Defendant was charged with drug conspiracy and money laundering and subsequently created a website identifying federal agents and informants for the putative purpose of obtaining information. One agent moved to …

Loritz v. U.S. Court of Appeals for Ninth Circuit, No. 04-15028 (9th Cir.) (382 F.3d 990) (February 4, 2000) (Per Curiam)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Standing, Punch And Jurists

Loritz v. U.S. Court of Appeals for Ninth Circuit, No. 04-15028 (9th Cir.) (382 F.3d 990) (February 4, 2000) (Per Curiam) by This decision adds a bit more lore (if not law) to the ongoing debate about the ever-expanding use of unpublished decisions in the Federal courts. Here, after his …

Whitmore v. Arkansas, No. 88-7146 (U.S. Supreme Court) (495 U.S. 149; 110 S.Ct. 1717) (April 24, 1990) (Justice Rehnquist)

Article • July 2, 2002

Filed under: Standing, Punch And Jurists

Whitmore v. Arkansas, No. 88-7146 (U.S. Supreme Court) (495 U.S. 149; 110 S.Ct. 1717) (April 24, 1990) (Justice Rehnquist) by In this case the Supreme Court set forth the parameters under which a "next friend" achieves "standing" to bring suit in a Federal court. As an initial matter, the Court …

Hamdi v. Rumsfeld, No. 02-6827 (4th Cir.) (294 F.3d 598) (June 26, 2002) (Judge J. Harvie III Wilkinson)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Standing, Punch And Jurists

Hamdi v. Rumsfeld, No. 02-6827 (4th Cir.) (294 F.3d 598) (June 26, 2002) (Judge J. Harvie III Wilkinson) by Here the Court held that the Federal Public Defender did not have a sufficiently significant relationship with a detainee, captured as an alleged enemy combatant during military operations in Afghanistan, to …

Mathews v. U.S., No. 86-6109 (U.S. Supreme Court) (485 U.S. 58; 108 S.Ct. 883) (February 24, 1988) (Justice Rehnquist)

Article • May 19, 2002

Filed under: Standing, Punch And Jurists

Mathews v. U.S., No. 86-6109 (U.S. Supreme Court) (485 U.S. 58; 108 S.Ct. 883) (February 24, 1988) (Justice Rehnquist) by Here the Court held that a defendant may be entitled to a jury instruction on the affirmative defense of entrapment even if he denies one or more of the elements …

Calderon v. Ashmus, No. 97-391 (U.S. Supreme Court) (523 U.S. 740; 118 S.Ct. 1694) (May 26, 1998) (Justice Rehnquist)

Article • January 11, 2002

Filed under: Standing, Punch And Jurists

Calderon v. Ashmus, No. 97-391 (U.S. Supreme Court) (523 U.S. 740; 118 S.Ct. 1694) (May 26, 1998) (Justice Rehnquist) by Here the Court held that the defendant's action for declaratory judgment and injunctive relief was not a justiciable case within the meaning of Article III since no habeas proceeding had …

Rakas v. Illinois, No. 77-5781 (U.S. Supreme Court) (439 U.S. 128; 99 S.Ct. 421) (December 5, 1978) (Justice Rehnquist)

Article • September 17, 2001

Filed under: Standing, Punch And Jurists

Rakas v. Illinois, No. 77-5781 (U.S. Supreme Court) (439 U.S. 128; 99 S.Ct. 421) (December 5, 1978) (Justice Rehnquist) by In this case a divided Court held that the Fourth Amendment protects property, not people, and specifically that a legitimate occupant of an automobile may not invoke the exclusionary rule …

City of Los Angeles v. Lyons, No. 81-1064 (U.S. Supreme Court) (461 U.S. 95; 103 S.Ct. 1660) (April 20, 1983) (Justice White)

Article • August 5, 2001

Filed under: Standing, Punch And Jurists

City of Los Angeles v. Lyons, No. 81-1064 (U.S. Supreme Court) (461 U.S. 95; 103 S.Ct. 1660) (April 20, 1983) (Justice White) by Here a bitterly divided Court denied standing to obtain an injunction in a civil rights suit where the plaintiff could not show a sufficient likelihood that he …

Allen v. Wright, No. 81-757 (U.S. Supreme Court) (468 U.S. 737; 104 S.Ct. 3315) (July 3, 1984) (Justice O'Connor)

Article • March 15, 2000

Filed under: Standing, Punch And Jurists

Allen v. Wright, No. 81-757 (U.S. Supreme Court) (468 U.S. 737; 104 S.Ct. 3315) (July 3, 1984) (Justice O'Connor) by In this case parents of black public school children alleged in this nationwide class action that the Internal Revenue Service (IRS) had not adopted sufficient standards and procedures to fulfill …

California v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White)

Article • October 22, 1999

Filed under: Standing, Punch And Jurists

California v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White) by Here the Court held that the Fourth Amendment applies only where (a) the citizen has manifested a subjective expectation of privacy and (b) the expectation is one that society accepts …

Martinez v. Albuquerque, No. 98-2235 (10th Cir.) (184 F.3d 1123) (June 15, 1999) (Judge Bobby R. Baldock)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Standing, Punch And Jurists

Martinez v. Albuquerque, No. 98-2235 (10th Cir.) (184 F.3d 1123) (June 15, 1999) (Judge Bobby R. Baldock) by In this case the Tenth Circuit held that a would-be civil rights plaintiff's conviction for resisting arrest does not necessarily prevent him, under the rule of Heck v. Humphrey, 512 U.S. 477 …