E. Supp. Vol. 56_ 2015

She’s Got a Ticket to Ride: The Ninth Circuit’s Determination in Sachs v. Republic of Austria That a Ticket Sale by a Common Law Agent Abrogates a Foreign State-Owned Common Carrier’s Sovereign Immunity

Abstract: On December 6, 2013, in Sachs v. Republic of Austria, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a foreign state-owned common carrier carries on commercial activity in the United States when it sells rail passes through a United States ticket agent. In so holding, the court expanded […]

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Behind the Venire: Rationale, Rewards and Ramifications of Heightened Scrutiny and the Ninth Circuit’s Extension of Equal Protection to Gays and Lesbians During Jury Selection in SmithKline v. Abbott

Abstract: On January 21, 2014, in SmithKline v. Abbott, the U.S. Court of Appeals for the Ninth Circuit held that heightened scrutiny applies to classifications based on sexual orientation, and equal protection forbids striking jurors because they are gay or lesbian. The Ninth Circuit interpreted the Supreme Court’s recent analysis in United States v. Windsor […]

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Return Fire: An En Banc Hearing in Wollschlaeger v. Governor of Florida Is Necessary to Protect the First Amendment Rights of Physicians

Abstract: In 2014, in Wollschlaeger v. Governor of Florida, the U.S. Court of Appeals for the Eleventh Circuit held that a Florida ban on physician speech about firearm ownership was a valid regulation of professional conduct. The court reasoned that because the speech took place within the physician-patient relationship it should be treated as professional […]

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A Cause for Concern: The Need for Proximate Cause in SEC Enforcement Actions and How the Third Circuit Got It Wrong in SEC v. Teo

Abstract: On February 10, 2014, in SEC v. Teo, the U.S. Court of Appeals for the Third Circuit held that, in an action for disgorgement of profits under the Securities Exchange Act of 1934, the Securities Exchange Commission (SEC) does not have the burden of proving proximate cause. The court reasoned that the SEC must […]

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Unknowable Remedies: Albino v. Baca, The PLRA Exhaustion Requirement, and the Problem of Notice

Abstract: On April 3, 2014, in Albino v. Baca, the U.S. Court of Appeals for the Ninth Circuit held that when a prisoner plaintiff has not been informed of a prison administrative remedy, that remedy is effectively unavailable to the prisoner for the purposes of the exhaustion requirement of the Prison Litigation Reform Act (PLRA). […]

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A Criminal Defendant’s First Bite at the Constitutional Apple: The Eleventh Circuit’s Excessively Deferential Conception of “Adjudication of the Merits”

Abstract: On November 13, 2013, in Childers v. Floyd, the U.S. Court of Ap-peals for the Eleventh Circuit found that Wyon Childers had failed to rebut the presumption that his Confrontation Clause claim was adjudicated on the merits. In this case, and a previous decision that led to it, the court conducted its habeas corpus […]

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