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Ninth Circuit

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A Baker's Dozen Reasons to Oppose Sentencing "Reform" - By William G. Otis

Silvester v. Harris: Watered-Down Intermediate Scrutiny

Joseph Greenlee December 20, 2016
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In Silvester v. Harris, the Ninth Circuit Court of Appeals upheld a California law requiring a 10-day waiting period for all firearm purchases, as applied to purchasers who already own a firearm and concealed carry permit holders. The plaintiffs argued that they should be able to possess their purchased firearm as soon as their background check is completed. The government argued that the 10-day waiting period provides a much needed “cooling off” period, even when the purchaser already owns a firearm. [Read More]

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A Baker's Dozen Reasons to Oppose Sentencing "Reform" - By William G. Otis

Murphy v. Guerrero

Joseph Greenlee October 11, 2016
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In Murphy v. Guerrero, the United States District Court for the Northern Mariana Islands addressed a host of Second Amendment challenges. Chief Judge Ramona Manglona, an Obama appointee who earlier this year struck down the last remaining handgun ban in a United States jurisdiction, struck down the following laws: a registration requirement, an “assault weapons” ban, a caliber restriction, a public carry ban, and a $1,000 excise tax. Judge Manglona upheld the following laws: a licensing requirement, a storage requirement, and a “large-capacity magazine” ban. [Read More]

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Supreme Court Justice Antonin Scalia

Judge O’Scannlain’s Tribute to Justice Scalia

Max Raskin August 24, 2016
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Following the death of Justice Scalia, there have been numerous tributes – from articles and eulogies to a renamed law school. But perhaps none is more fitting than a judicial opinion from the Ninth Circuit, which employed the kind of legal reasoning and statutory analysis that the Justice championed.

Justice Scalia’s supporters revel in providing counterexamples to confound his critics who viewed him as a knuckle-dragging puritan. His defense of flag burning and his Fourth Amendment jurisprudence are two of the most frequent rejoinders to the Scalia qua legislator trope.

In United States v. McIntosh, Judge Diarmuid O'Scannlain writes his performative tribute to the Justice with a textbook case of applying neutral principles to reach a conclusion possibly contrary to his beliefs.[1] [Read More]

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Department of Labor flag

Encino Motorcars, LLC v. Navarro et. al. - A Brief Overview

Lynn White June 28, 2016
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The U.S. Supreme Court recently pushed back against the U.S. Department of Labor's (DOL) attempt to stretch the boundaries of Chevron deference in Encino Motorcars, LLC v. Navarro et al. In 2008, DOL issued a proposed rule updating its implementing regulations for the Fair Labor Standards Act (FLSA).  The proposal would have codified a longstanding interpretation that automobile dealership service advisors are exempt from the FLSA overtime requirement. In 2011, however DOL issued the FLSA final rule, which eliminated the automobile dealership service advisors exemption. DOL provided a brief overview of comments supporting and opposing the provision but gave little explanation for its decision to abandon its decades-old practice of treating service advisors as exempt from the FLSA under the statute.   [Read More]

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gun flag and constitution

Author Response: Interpreting Peruta v. County of San Diego by Joseph Greenlee

Joseph Greenlee June 17, 2016
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Mr. Nichols,

I appreciate your response, although I do believe it is misguided.I’ll address each of your points below:

First, you contend that “Not a single one of the cases you cited upheld prohibitions on concealed carry ‘when, or because, open carry was available.’"  I’ll walk through them in order. 

  1. State v. Reid, 1 Ala. 612 (1840).

First, open carry was in fact permitted in Alabama at the time of the Reid decision. Indeed, the Attorney General defended the concealed carry ban by pointing out that “Every man was still left free to carry arms openly.” Id. at 614. [Read More]