This case has received significant press, so I won’t cover it here in the same format I usually do. Instead, I will excerpt some of the other coverage, the case and then add my own thoughts. From Politico: A divided federal appeals court has rejected a bid by accused video pirate Kim Dotcom to recover …
Kim Dotcom loses at the Fourth Circuit – U.S. v. Finn Batato Read More »
NCNAACP v. McCrory. This is not something I need to really bring to anyone’s attention, so here is some other coverage: Washington Post News & Observer New York Times Slate For background on this, you can’t beat OSU’s election law info center (with my con law prof).
Lawson v. Union Cty. Clerk of Court. The Fourth Circuit has confirmed that government employees with apolitical positions can campaign without fear of retaliation. The Clerk of Court of Union County, South Carolina, is an elected official. The Clerk, William Gault fired his deputy clerk, Melanie Lawson. Lawson had been a deputy clerk for about 20 …
National Association for the Advancement of Multijurisdiction Practice (NAAMJP) v. Loretta Lynch This is a case about bar membership. Specifically, the NAAMJP challenged Local Rule 701 of the U.S. District Court for the District of Maryland under the First Amendment, the Equal Protection Clause, the Rules Enabling Act and the Supremacy Clause. Rule 701 allows …
Fourth Circuit affirms local rule restricting out of state attorneys in Maryland Read More »
US v. Graham. In an en banc opinion, the Fourth Circuit overturned the panel’s decision in this case: A majority of the panel held that, although the Government acted in good faith in doing so, it had violated Defendants’ Fourth Amendment rights when it obtained the CSLI without a warrant. . . . We now hold that the …
Fourth Circuit reverses itself: no warrant needed for historical cell site data Read More »
The opinion has not yet posted, but I will write more on it soon. For now, this is from WRAL: The 4th U.S. Circuit Court of Appeals ruled Thursday that “Choose Life” license plates state lawmakers approved in 2011 are constitutional, reversing a decision the same court made two years ago. After the court found in …
Fourth Circuit OKs “Choose Life” license plates [UPDATED] Read More »
Stop Reckless Economic Instability Caused by Democrats v. FEC. Four PACs appealed a district court’s grant of summary judgment against them in their suit against the FEC. The PACs challenged the constitutionality of contribution limits under the Federal Election Campaign Act of 1971 (FECA). 52 U.S.C. §§ 30101–30146. The Fourth Circuit concluded that two of their three claims …
US v. Cook. – Unpublished. Cook pleaded guilty to travel with intent to engage in illicit sexual conduct. Following his imprisonment, he was subject to ten years of supervised release. The terms of that release included: 7. The defendant shall not possess or use a computer to access any online computer services at any location, …
It’s My Party, Inc. v. Live Nation. It’s My Party (IMP) claimed that Live Nation violated the Sherman Antitrust Act by engaging in monopolization, tying arrangements, and exclusive dealing in the music concert industry. The district court granted summary judgment for Live Nation, and the Fourth Circuit affirmed. Live Nation is an enormous concert promoter. …
Live Nation is not a concert promoting monopoly – Fourth Circuit Read More »
Central Radio Company, Inc. v. Norfolk. Central radio sued Norfolk, Virginia, over its sign ordinance, alleging that it violated the First and Fourteenth amendments. For background, the city’s Redevelopment and Housing Authority started condemnation proceedings against Central Radio in 2010. In 2012, while an appeal in that proceeding was pending, the company put a banner …
Norfolk VA former sign ordinance unconstitutional under First Amendment – Fourth Circuit Read More »