January 2012
7 posts
9 tags
“4. In an Ivy League sort of way, it makes sense to address the “crack”...”
– Richard G. Kopf, United States District Judge, District of Nebraska, from his January 2008 piece
The Top Ten Things I Learned From Apprendi, Blakely, Booker, Rita, Kimbrough and Gall Ohio State Journal of Criminal Law
7 tags
“Whoever commits fornication shall be punished by imprisonment for not more than...”
– Mass. Gen. Laws Ann. ch. 272, § 18
5 tags
“Does a state have to repeal or invalidate its murder prohibition if the homicide...”
– W. Tradition P’ship, Inc. v. Attorney Gen. of State
2011 MT 328
8 tags
“The Court’s refusal to acknowledge any “danger of ‘subtle compulsion’” in...”
– McNeil v. Wisconsin
501 U.S. 171 (1991)
10 tags
“By reason of said promise and agreement the said plaintiff entered into...”
– Young v. Povich
121 Me. 141
3 tags
“The Constitution grants Congress and the President the power to acquire, dispose...”
– Boumediene v. Bush
553 U.S. 723
citing Marbury v. Madison, 1 Cranch 137 177, 2 L.Ed. 60.
4 tags
“In a government of laws, existence of the government will be imperiled if it...”
– Olmstead v. United States
277 U.S. 438 (1928)
December 2011
10 posts
8 tags
“That this sweeping language is not to be taken literally is manifested by the...”
– Shenfield v. Prather
387 F. Supp. 676
12 tags
“As a symbolic matter, today’s decision is ominous because it reflects a...”
– McNeil v. Wisconsin
501 U.S. 171 (1991)
5 tags
“[A]n arbitrary interference with access to important information is an...”
– Richmond Newspapers, Inc. v. Virginia
448 U.S. 555 (1980)
9 tags
“The conflicts of economic interest between the regulated and those who advantage...”
– Wickard v. Filburn
317 U.S. 111
6 tags
“The defendant Walter Bagdasarian, an especially unpleasant fellow, was found...”
– U.S. v. Bagdasarian
U.S. Court of Appeals for the Ninth Circuit, NO. 09-50529
2 tags
“They carry the keys of their prison in their own pockets. Governments are...”
– In re Nevitt
117 F. 448
9 tags
“There may be instances in the law where text or history or tradition leaves room...”
– Hudson v. Michigan
547 U.S. 586 (2006)
7 tags
“Detached reflection cannot be demanded in the presence of an uplifted knife.”
– Brown v. U.S.
256 U.S. 335
4 tags
“If we were all free to ignore the language in opinions based on what we believe...”
– United States v. Alba-Flores
577 F.3d 1104 (9th Cir. 2009)
5 tags
“Bizarre statements or actions, taken in isolation, do not require a court to...”
– People v. Murdoch
194 Cal. App. 4th 230
November 2011
5 posts
4 tags
“[D]elaying an execution does not further public purposes of retribution and...”
– Thompson v. McNeil
129 S. Ct. 1299
4 tags
“The acts of Congress give great power … It is a power to be administered,...”
– Kwock Jan Fat v. White
253 U.S. 454, 464, 40 S. Ct. 566, 570, 64 L. Ed. 1010 (1920)
2 tags
“The practice of law is so necessarily broad that no one system of teaching it...”
– In re Brooks
11 S.W.3d 25
3 tags
“There is something creepy and un-American about such clandestine and underhanded...”
– United States v. Pineda-Moreno
617 F.3d 1120 (9th Cir. 2010)
6 tags
“In the fashion in style among patent lawyers, counsel have been unable to agree...”
– Netflix, Inc. v. Blockbuster, Inc.
477 F. Supp. 2d 1063, 1066 (N.D. Cal. 2007)
October 2011
1 post
6 tags
“[I]t is not only rational but also realistic and efficient for USCIS to rely on...”
– Gjondrekaj v. Napolitano
2011 U.S. Dist. LEXIS 90233 (M.D. Fla. Aug. 2, 2011)
September 2011
15 posts
4 tags
“Further, Affiant sayeth naught.”
– from an affidavit I read today, dated … 2011.
4 tags
“Torture … does not include pain or suffering arising only from, inherent...”
– 22 C.F.R. § 95.1
12 tags
“Respondents also argue that the statute is ambiguous because it is plausible...”
– Sylvain v. Holder
CIV. 11-3006 JAP, 2011 U.S. Dist. LEXIS 69591, 2011 WL 2580506 (D.N.J. June 28, 2011)
3 tags
“As described previously, the fact that the government chooses to address one...”
– Kuromiya v. U.S.
37 F. Supp. 2d 717
4 tags
“This court cannot envision other sexual acts beyond those listed in Section...”
– Freelance Entm’t, L.L.C. v. Sanders
280 F. Supp. 2d 533 (N.D. Miss. 2003)
2 tags
“[E]very book in literature, science and art, borrows and must necessarily...”
– Emerson v. Davies 8 F. Cas. 615, 619 (C.C.D. Mass. 1845) (No. 4436)
3 tags
“These conflicts belie the majority’s claim of doctrinal consistency and...”
– Kasky v. Nike, Inc.
27 Cal. 4th 939
2 tags
“[O]nly a lunatic or a fanatic sues for $30.”
– Carnegie v. Household Int’l, Inc.
376 F.3d 656, 661 (7th Cir. 2004)
7 tags
“Leveling the playing field” can sound like a good thing. But in a democracy,...”
– Arizona Free Enterprise Club’s Freedom PAC v. Bennett
No. 10–238. Argued March 28, 2011—Decided June 27, 2011
Roberts for the majority
5 tags
“The needs of law enforcement, to which my colleagues seem inclined to refuse...”
– United States v. Pineda-Moreno
617 F.3d 1120 (9th Cir. 2010)
9 tags
“Because our General Assembly has legislated so pervasively in the area of...”
– Conley v. Emerald Isle Realty, Inc.
350 N.C. 293
3 tags
“Of course, stare decisis is a less rigid doctrine than res judicata. But it is...”
– Bethesda Lutheran Homes & Servs. v. Born
238 F.3d 853, 858 (7th Cir. Wis. 2001)
5 tags
“In conclusion, it is not our intention to emasculate landlord responsibility...”
– Presson v. Mountain States Properties, Inc.
18 Ariz. App. 176
2 tags
“We cannot simply rely on the Government’s determination of what is...”
– Diop v. ICE/Homeland Security, et al.
No. 10-1113 (3d Cir. September 1, 2011)
3 tags
“[T]he form of order proposed by plaintiffs in the present motion is less than a...”
– Comm. for Immigrant Rights v. County of Sonoma
No. C 08-4220 RS (N.D. Cal. June 16, 2011)
July 2011
20 posts
2 tags
“Perhaps no professional shortcoming is more widely resented than...”
– The Florida Bar Re: Amendment to Rules Regulating The Florida Bar, 605 So. 2d 252 (Fla. 1992)
5 tags
“To us it seems patent on its face that California has the right to allow its...”
– Chaney v. State Bar of Cal.
386 F.2d 962
2 tags
“Put differently, if practical exclusion from a socially marginal activity such...”
– Sestric v. Clark
765 F.2d 655
2 tags
“We turn initially to petitioner’s argument that the denial of his...”
– In re Fischer
425 A.2d 601
5 tags
“Given the procedural history, it is not only unfair to respondent, but also poor...”
– City of St. Louis v. Praprotnik
485 U.S. 112
6 tags
“As far as I know, no member of this court is trained as a molecular biologist,...”
– Moore v. Regents of Univ. of California
51 Cal. 3d 120
6 tags
“Rich or penniless, Duncan’s citizenship under the Constitution pledges his...”
– Edwards v. People of State of California
314 U.S. 160
7 tags
“Justice Scalia, though analyzing a current issue, uncharacteristically...”
– U.S. v. Bagdasarian
U.S. Court of Appeals for the Ninth Circuit, No. 09-50529
3 tags
“Perhaps not wanting to be associated with maggoty sausages, Salt Creek has not...”
– Sarti v. Salt Creek Ltd.
167 Cal. App. 4th 1187
6 tags
“But if this case deteriorates into litigation Armageddon, let this be a start to...”
– In re Dow Corning Corp.
211 B.R. 545
8 tags
“If believers are entitled to public financial support, so are nonbelievers. A...”
– Walz v. Tax Comm’n of City of New York
397 U.S. 664
7 tags
“The officials made themselves party to means whereby the machinery with which...”
– Terry v. Adams
345 U.S. 461