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The doctrine that statutes in derogation of the common law are to be construed strictly does not demand that the act of March 2, 1893 (27 Stat. at L. 531, chap. 196, U. S. Comp. Stat. 1901, p. 3174), compelling interstate carriers to adopt automatic couplers, in which there is an undoubted intention to make some change in the existing law ...
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge ...
The 8th Circuit — the same appeals court that decided Vandevender's case — agreed with Wright on appeal, finding that the officials had simply "predicted incorrectly." Hodges' claim failed. A ...
From 2000 to 2008, the U.S. Court of Appeals for the 4th Circuit had the highest rate of non-publication (92%), and more than 85% of the decisions in the 3rd Circuit, 5th Circuit, 9th Circuit, and 11th Circuit went unpublished. [6] Depublication is the power of a court to make a previously published order or opinion unpublished.
In the Eighth Circuit, the court rejected Bucklew's facial challenge, as well as turned down his as-applied challenge as given but allowed Bucklew's case to be reheard if he could demonstrate that there was a feasible alternative, as per Baze. [9] Prior to the rehearing, the Supreme Court concluded in Glossip v.
On Monday, a three-judge panel with the US Court of Appeals for the 8th Circuit upheld a lower court ruling that determined that citizens and groups like the American Civil Liberties Union and the ...
Case history; Prior: Cert. before judgment to the United States Court of Appeals for the Eighth Circuit: Holding; The portion of the Sentencing Reform Act of 1984 establishing the U.S. Sentencing Commission did not violate separation of powers because although Congress cannot generally delegate its legislative power to another branch, the nondelegation doctrine does not prevent Congress from ...
Swift v. Tyson, 41 U.S. (16 Pet.) 1 (1842), was a case brought in diversity in the Circuit Court for the Southern District of New York on a bill of exchange accepted in New York in which the Supreme Court of the United States determined that United States federal courts that heard cases brought under their diversity jurisdiction under the Judiciary Act of 1789 must apply statutory state laws ...