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Briefs, oral arguments, agency decisions and the Federal Register.

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  • Oral argument — People v. Barner

    Oral argument · Oral argument · Nov 13, 2014

    It's similar to a Montgomery situation where priors come in, you kind of have to clean it up as much as you can or make the best of the situation. … Rather, as we've pointed out, this was a time period where profiles were being converted from RFLP to STR because that's the way the databases were moving, and in order to stay in the database, you had

    39 min of audio
  • Oral argument — National Org of Veterans Advoc v. Secretary of Veterans Affairs

    Oral argument · Oral argument · Oct 8, 2015

    So let me ask you, what was the state of the comment of the record in the rulemaking about comments? … I think that the Army and the Air Force is in similar statistical groupings. We have to look at the practical aspects of this rulemaking.

    87 min of audio
  • Oral argument — United States v. Ethel Shelton

    Oral argument · Oral argument · Nov 13, 2020

    And I don't I mean, the relevant privacy interest here is the one against government intrusion because Garvin is acting as an agent of the government, not as a co-worker. … If he was her supervisor, she testified, he was required by the employee handbook to go in there and to make sure that her desk is clean.

    33 min of audio
  • Oral argument — InSinkErator, LLC v. Joneca Company, LLC

    Oral argument · Oral argument · Aug 22, 2025

    This is a doctrine that the Ninth Circuit has referred to, but never elaborated on, and so we're writing on something of a clean slate here. … First is the, to Judge Higginson's comment about, isn't this more of misleading case as opposed to literal falsity case? We couldn't agree more with that.

    28 min of audio
  • Oral argument — Tomaselli v. Beaulieu

    Oral argument · Oral argument · Sep 3, 2014

    How do we know that this particular town's rules allow or don't allow public comment at select meetings? … And one possibility is there's no way you could know it unless the government came clean. And that supposedly happened when they testified, you say, in 2006 or something like that. 2006. 2006.

    34 min of audio
  • Oral argument — Archer Western Contractors v. Nat'l Union Fire Ins Co. of PA

    Oral argument · Oral argument · Feb 8, 2017

    We should act on the basis of a denial of cert? Well, I would say the court didn't think it was necessary to hear it. … I think we have about 30 years of established law on the topic, and while the various commentators may have a lively debate amongst themselves as to whether they think California's rule of law on this

    29 min of audio
  • Oral argument — Eriberto Errera v. Eric Holder, Jr.

    Oral argument · Oral argument · Mar 14, 2012

    And the immigration judge made a comment in his decision about how it wasn't clear to him. … It had to do with the Federal First Offender Act, and it had to do with something entirely separate. But what it had to do with was a reliance interest.

    32 min of audio
  • Oral argument — USA v. State of Washington

    Oral argument · Oral argument · Oct 16, 2015

    It also permitted many of these culverts specifically under the Clean Water Act. … The 200 meters line, if it falls into a certain category, they must do the work by a certain period.

    58 min of audio
  • Oral argument — Housing Authority v. Mueller

    Oral argument · Oral argument · Aug 23, 2017

    Now, I'd just like to touch on also the idea that you're commenting on assembly space. What is assembly space? … Could you respond to the comments about Appendix F? Sure, I'd be happy to.

    40 min of audio
  • Oral argument — People v. Winkler

    Oral argument · Oral argument · Oct 19, 2016

    Your Honor, I would ask that it be reviewed under a plein air doctrine, number one, in light of the defense counsel's awareness of the double enhancement principle. … What was charged in the Bill of Information was, on the predatory count, was that an act of sexual penetration occurred.

    30 min of audio
  • Oral argument — Porter v. Calif. Dept. of Corrections

    Oral argument · Oral argument · Feb 11, 2004

    And there's nothing in between that period, no evidence of any acts between that period that give rise to an inference, support an inference of causation. … There's comments, glares, things that are made, done in a context, comments made that, you know, because you engage in this protected activity, you're off the management track, you're not going to get

    22 min of audio
  • Oral argument — Jose Vargas v. Louis DeJoy

    Oral argument · Oral argument · Sep 16, 2020

    So we have a Rehab Act claim, a Title VII Act, a Title VII claim, race-based retaliation. … No comments by the District Court and no comments by the appeals. Thank you very much, counsel. The case is taken under advisement and the court will be in recess.

    21 min of audio
  • Oral argument — United States v. Francisco Arias

    Oral argument · Oral argument · Jun 12, 2019

    I'm just looking at prongs three and four of the plain air test, and so I'll tell you my problems. … If you look at the four groups, the first group, the first period of time, 2010 to 11, is Norman Concepcion.

    37 min of audio
  • Oral argument — Mucha v. Board of Fire and Police Commissioners of the Village of Oak Brook

    Oral argument · Oral argument · May 11, 2011

    Who takes the extraordinary step of coming clean as the Linda Lucinda, but then taking the Fifth Amendment, which is his right, as to a number of other things. … And depending on its actual allegations, the chief commenting on what's actually there accurately wouldn't necessarily be a problem.

    46 min of audio
  • Oral argument — State of Louisiana v. Biden

    Oral argument · Oral argument · Dec 7, 2022

    They didn't just pluck a number out of thin air. No notice or comment or public input or anything like that? No. … To be clear, there was notice and comment in the first iteration of the working group. These numbers have been put out for notice and comment.

    55 min of audio
  • Oral argument — United States v. Berry

    Oral argument · Oral argument · Jul 22, 2011

    Berry, when he acted, he knew he was acting in violation of law. Even if the record says otherwise? I'm sorry, Your Honor? Even if the record indicates otherwise? … It's comments on the silence of the defendant, in essence. I think they were not intended as a sort of natural or logical comment on silence.

    33 min of audio
  • Oral argument — DEY, L.P. v. SUNOVION PHARMA

    Oral argument · Oral argument · Feb 4, 2013

    One that underlies commercial use, which we're not dealing with, is whether you can exploit your monopoly for longer than the patent period by making money off of it more than a year before you file the … It was being given to them in a liquid form, an air form, mist form.

    35 min of audio
  • Oral argument — Jason Laible v. Timothy Lanter

    Oral argument · Oral argument · Mar 8, 2023

    There is no question that if Sergeant Scaff had been acting under the direction and control of ATF on an ATF only operation, that there would be Westfall Act immunity. … For example, had there been an open-air assault on Meyer as he left the residence and headed toward a vehicle, that was ATF's responsibility.

    35 min of audio
  • Oral argument — Anna Swan v. Bank of America

    Oral argument · Oral argument · Dec 9, 2009

    Swan's claim under the Federal Age Discrimination Act is untimely. … Under the facts of this case, which are — which are briefed in our brief, that's simply too long of a period of time.

    33 min of audio
  • Oral argument — DeAngelo Thomas-El v. Nicole Francis

    Oral argument · Oral argument · Nov 16, 2023

    Atkinson is a better case for that, where you have extreme conditions where the mattress is moldy and filthy and the inmate can't get clean. … Um, so I was appointed pursuant to the CJA, uh, Act, um, on the 1983. I understand that. So there's no, no discovery was done whatsoever.

    33 min of audio

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