Authorities Cited: United States Code 28 U.S.C. § 158(d)(2) 28 U.S.C. § 158(d)(2)(A) Circuit Courts 484 F.3d 154, 158

Blogged: Appellate Law & Practice CA1: forged CDs make someone an aggravated felon Appellate Law & Practice CA1: remand in Indonesian homosexual economic persecution case Appellate Law & Practice CA1: No E&O coverage for falsified credit reports Appellate Law & Practice CA1: Cambodian petition not taken seriously Appellate Law & Practice CA1: First usurps foreign policy making power Appellate Law & Practice CA1: mixed motive oppression y’all Appellate Law & Practice CA1: First abdicates its role in reviewing immigration cases Appellate Law & Practice CA1: First sends Falun Gong practitioner back without taking appeal seriously Appellate Law & Practice CA1: another chapter in Narragansett Indian Tribe lawsuit ends on procedural note Appellate Law & Practice CA1: sex offender registration Appellate Law & Practice CA1: franchise fight Appellate Law & Practice CA1: cop fight results in valid First Amendment claims Appellate Law & Practice CA1: major, yet squirly opinion on gun-type as an element v. sentencing factor Appellate Law & Practice CA1:Cambodian fishing cop not oppressed Appellate Law & Practice CA1: No problem in excluding victims' prior convictions Appellate Law & Practice CA1: costs in professional responsibility case not dischargeable Appellate Law & Practice Dissenting Judge Tells Lawyers to Take It to YouTube Appellate Law & Practice CA1: so that is what an appeal waiver means Appellate Law & Practice CA1: switching horses on habeas Appellate Law & Practice CA1: Allen charges, Kimbrough remands, and interstate travel to meet minors Appellate Law & Practice CA1: First does a little too much in resolving BAPCPA appellate procedural question Appellate Law & Practice Odds and Ends Appellate Law & Practice Appellate Politics and qualified immunity: The 11th shows its stupidity in hiding its activism Appellate Law & Practice CA1: Massachusetts law on custody means that aggravated felon is a citizen and gets to stay Appellate Law & Practice CA1: Drama at Dartmouth’s drama department Appellate Law & Practice CA1: Pakistani Shi'ite petition denied because of failure to substantiate Canadian petition Appellate Law & Practice CA1: Cambodian not that oppressed Appellate Law & Practice CA1: Claim preclusion in ERISA suit Appellate Law & Practice CA1: kiddy convictions a career offender make Appellate Law & Practice CA1: another Puerto Rico drug case Appellate Law & Practice CA1: Stock option expert okay Appellate Law & Practice CA1: an ambiguous green light to prosecutorial (mis?)-conduct in state courts Appellate Law & Practice CA1: First says suggestive lineup was okay Appellate Law & Practice CA1: defective IFP Applications toll statutes of limitations How Appealing "Final brief on Kennedy v. Louisiana" How Appealing "The Upcoming Supreme Court Case of Wyeth v. Levine and the Preemption Temptation" How Appealing "Appeals court enters debate over who owns Snowball the deer" How Appealing "En Banc Federal Circuit Revives Design Patent Law" How Appealing "Equal-rights gains have local roots" How Appealing "The judge zips her lip as court marches right" How Appealing "President's domestic detention power tested" How Appealing "Supreme Court filings focus on military death penalty system" How Appealing "The fate of Roe v. Wade and choice" Decision of the Day Another Reason To Say No To Drugs Decision of the Day Posner Gets A Big One Right Decision of the Day Finally, Some Questions about the Wisdom of RLUIPA Decision of the Day Seventh Upholds Student’s Right to Wear “Be Happy, Not Gay” T-Shirt Decision of the Day Seventh Chastises Ninth for Encouraging Mickey Mouse Law Suits Decision of the Day Second Lets Whitman Off the Hook for Post-9/11 Liability Decision of the Day Crossing the Border? Leave Your Laptop at Home Decision of the Day Fifth Circuit Divides Over How To Handle Sentencing Error California Appellate Report Crawford v. Astrue (9th Cir. - Sept. 25, 2008) California Appellate Report DirecTV v. Webb (9th Cir. - Sept. 25, 2008) California Appellate Report Bourgi v. West Covina Motors (Cal. Ct. App. - Sept. 24, 2008) California Appellate Report U.S. v. Gomez-Leon (9th Cir. - Sept. 24, 2008) California Appellate Report State of Alaska v. Federal Subsistence Board (9th Cir. - Sept. 23, 2008) California Appellate Report Quinones v. Superior Court (Cal. Ct. App. - Sept. 22, 2008) California Appellate Report Barrett v. Belleque (9th Cir. - Sept. 22, 2008) California Appellate Report Dumontier v. Schlumberger Technology Co. (9th Cir. - Sept. 11, 2008) California Appellate Report Cosa v. Mukasey (9th Cir. - Sept. 15, 2008) California Appellate Report Carmona v. Carmona (9th Cir. - Sept. 17, 2008) California Appellate Report Bromfield v. Mukasey (9th Cir. - Sept. 15, 2008) California Appellate Report People v. Love (Cal. Ct. App. - Sept. 16, 2008) California Appellate Report NRDC v. Winter (9th Cir. - Sept. 16, 2008) California Appellate Report U.S. v. Drake (9th Cir. - Sept. 15, 2008) California Appellate Report White v. Mayflower Transit (9th Cir. - Sept. 12, 2008) California Appellate Report Kievernagel v. Kievernagel (Cal. Ct. App. - Sept. 12, 2008) California Appellate Report Hassan v. Chertoff (9th Cir. - Sept. 11, 2008) California Appellate Report Winter v. Window Fashions Professionals (Cal. Ct. App. - Sept. 10, 2008) California Appellate Report People v. Cross (Cal. Supreme Ct. - Aug. 28, 2008) California Appellate Report Truth v. Kent School District (9th Cir. - Sept. 9, 2008) California Appellate Report Edwards v. Ayers (9th Cir. - Sept. 9, 2008) California Appellate Report Showing Animals Kindness and Respect v. City of West Hollywood (Cal. Ct. App. - Sept. 9, 2008) California Appellate Report Center for Biological Diversity v. California Fish & Game Comm'n (Cal. Ct. App. - Sept. 2, 2008) California Appellate Report U.S. v. Nader (9th Cir. - Sept. 5, 2008) California Appellate Report Rodriguez v. Smith (9th Cir. - Sept. 4, 2008) California Appellate Report KRAI v. United States (9th Cir. - Sept. 4, 2008) California Appellate Report Cascade Health Solutions v. PeaceHealth (9th Cir. - Sept. 3, 2008) California Appellate Report People v. Warner (Cal. Ct. App. - Sept. 3, 2008) California Appellate Report Johanson v. C.I.R. (9th Cir. - Sept. 3, 2008) California Appellate Report Villegas v. Gilroy Garlic Festival Ass'n (9th Cir. - Sept. 3, 2008) California Appellate Report Johnson v. Knowles (9th Cir. - Sept. 2, 2008) California Appellate Report Salinas v. Martin (Cal. Ct. App. - Aug. 28, 2008) California Appellate Report Richards v. Richards (9th Cir. - Aug. 28, 2008) California Appellate Report Barba v. Perez (Cal. Ct. App. - Aug. 28, 2008) Volokh Conspiracy Paulson v. Dodd: distributional considerations. Volokh Conspiracy The Bailout and Oversight. Volokh Conspiracy The Dodd Plan: A Contract Clause Problem? Volokh Conspiracy Does Congress think that Paulson asked for not enough power? Volokh Conspiracy The Bailout Bill: What Should Congress Do? Volokh Conspiracy If Someone Has Sex with a Sheep, Must He Register as a Sex Offender? Volokh Conspiracy Fifth-Grader Suspended for Wearing "Obama: A Terrorist's Best Friend" T-Shirt: Volokh Conspiracy FactCheck flubs Obama gun fact check: Volokh Conspiracy Judge Orders Woman on Probation Not To Have More Children: Volokh Conspiracy The D.C. Circuit on the President's Authority Over the SEC Chair: Volokh Conspiracy Rehearing Sought in PCAOB Case: Volokh Conspiracy State v. Stonecalf Warriorwoman, Volokh Conspiracy The Dirty Dozen: Volokh Conspiracy Are Verdicts by Non-Unanimous Criminal Juries Constitutionally Permissible? Volokh Conspiracy Cleveland Municipal Code Doesn't Authorize Civil Forfeitures of Unregistered Guns: Volokh Conspiracy Keith Olbermann: Volokh Conspiracy Arbitrary and Irrational to Distinguish Private Property from Public Property? Volokh Conspiracy Palin's Yahoo E-mail Account Hacked, Contents Posted Online: Volokh Conspiracy Ammunition as Money? Volokh Conspiracy District Court Decision on McCain's Being a Natural-Born Citizen: Volokh Conspiracy Ninth Circuit Strikes Down Pest Control Licensing Scheme: Volokh Conspiracy Interesting Second Amendment Challenge to a Lengthy Firearm Sentence Volokh Conspiracy "Illegal Alien" or "Undocumented Immigrant"? Volokh Conspiracy California Statute Allowing In-State College Tuition for Illegal Aliens Is Preempted by Federal Law: Volokh Conspiracy Symbolic Expression in Late 1700s and Early 1800s Discussions of Constitutional Law: Volokh Conspiracy What Has the Supreme Court Said About When Government Libraries May Remove Books? Volokh Conspiracy Decision Voids Absentee Ballot Apps in Ohio: Volokh Conspiracy Ohio GOP Challenges New Voting Rules: Volokh Conspiracy The Post Gets a Rewrite (But Doesn't Tell Its Readers): Volokh Conspiracy Pittsburgh Decision on Warrant Requirement for Historical Cell Site Records: Volokh Conspiracy Briefs on Whether the Second Amendment Should Apply to the States Via the Fourteenth: Volokh Conspiracy Virginia Supreme Court Reverses Itself on Rehearing of First Amendment Spam Case: Wait a Second! Class action defendants sanctioned $35,000 for litigation abuses Wait a Second! ACLU wins Freedom of Information battle over war records Wait a Second! Circuit clarifies when building renovations must be ADA compliant Wait a Second! Waterbury cannot be sued for Mayor's illegal sex acts Wait a Second! How do you count the people in Congressional districts? Wait a Second! Due process satisfied in property foreclosure Wait a Second! Can a non-custodial parent bring a lawsuit under the IDEA? Wait a Second! 2d Circuit strikes down another provision of the NY Elections Law Wait a Second! Peace activist can litigate damages claim against upstate Town Wait a Second! False Claims Act cases cannot be handled pro se Wait a Second! False Claims appeal is untimely Wait a Second! 2d Circuit rejects 9/11 case against Saudi officials Wait a Second! When can you sue under a pseudonym? Wait a Second! Premature appeal in Bridgeport racial discrimination case Wait a Second! Bellevue is on the hook for FLSA damages Wait a Second! Second Circuit takes back favorable habeas ruling Wait a Second! Remote Storage DVR system does not violate the Copyright laws Wait a Second! Does the First Amendment allow you to call someone a "fascist"? Wait a Second! No liberty interest in using a public facility Wait a Second! Supreme Court to review NY law shielding corrections officers from suit Wait a Second! Supreme Court rulings are retroactive Wait a Second! What is a case worth? The Appellate Division tells us. Wait a Second! Election of remedies clause in union contract does not violate Title VII Wait a Second! $600k in compensatory damages for disability discrimination Wait a Second! Some negative performance reviews are "adverse employment actions" Wait a Second! Circuit upholds disability discrimination verdict