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National Law Journal

9th Circuit Split Over 'Loper Bright' Impact on Challenge to Sentencing Guideline in Gun Case

"[T]he majority is mistaken to brush 'Loper Bright' aside and treat it as irrelevant to the interpretation of regulatory language," Judge Carlos Bea wrote in a concurrence.
3 minute read

National Law Journal

Keep an Eye on These 5th Circuit Cases for Potential Supreme Court Review

The U.S. Court of Appeals for the Fifth Circuit continues to set the stage for likely Supreme Court decisions on administrative law.
5 minute read

Daily Report Online

Alabama Supreme Court Authorizes Third Nitrogen Gas Execution

In January, the state performed the nation's first nitrogen gas execution. A second one using the protocol is set for Sept. 26 for a man who recently reached a lawsuit settlement with the state over the execution method.
4 minute read

National Law Journal

How a New 3rd Circuit Website Helps Make Court's History 'Come Alive'

"People view the courts as this establishment, but when you listen to oral histories … it's really about individual people coming together to make this happen," said Third Circuit librarian Melissa Bernstein. "The character of the court changes every time there's a new judge who comes on."
6 minute read

Daily Report Online

3 Years Into Life Sentence, Murdaugh to Get His Day Before SC Supreme Court

The South Carolina Supreme Court has agreed to hear the disgraced attorney's appeal of his murder convictions. His lawyers said they resulted from jury-tampering by the clerk of court who watched over jurors during his six-week trial.
5 minute read

New York Law Journal

Court of Appeals Evidence Decisions: A Potpourri of Rules for Criminal (Mostly) and Civil Actions, Part 2

Columnist Michael J. Hutter continues his discussion of the Court of Appeals 2023-2024 term, "addressing significant evidence issues."
13 minute read

New York Law Journal

'Troubling' Racial Disparities Exist in Manhattan Federal Court's Jury Selection, 2nd Circuit Says

In dicta, U.S. Circuit Judge Beth Robinson said the "underrepresentation of Black and Hispanic or Latino people in SDNY venires has only increased" in recent decades.
3 minute read

New Jersey Law Journal

NJ Supreme Court Finds DWI Case 'Illuminates a Flaw' in Notification Procedures Post-'Cassidy'

"Given the fallibility of the notification procedures post-'Cassidy,' the parties will now be entitled to discovery, which is already readily available and capable of unearthing the procedural irregularities caused by Dennis's misfeasance," Justice Michael Noriega said.
6 minute read

New York Law Journal

Court of Appeals Approves Auto Stops Under a Public Safety Doctrine

"The Court of Appeals envisioned that it will be a 'rare' case in which the police stop a vehicle in their community caretaking capacity," writes former New York Supreme Court Judge Barry Kamins.
10 minute read

New York Law Journal

Asylum: The Sufficiency of Death Threats in Proving Past Persecution

"Going forward, it will behoove asylum applicants and their counsel to present evidence of these aggravating circumstances when seeking asylum," write Paul Weiss' Martin Flumenbaum and Brad S. Karp.
8 minute read

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