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Topic: 9th US Circuit Court of Appeals


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In the News (Sun 27 May 12)

  
  BBC NEWS | Technology | File-sharing systems in legal win
Federal appeal court judges have ruled that the makers of peer-to-peer software are not responsible for what users do with their network.
It was made by the 9th US Circuit Court of Appeals and upheld a decision made in a lower court.
One factor that led the US court to rule in favour of Grokster and StreamCast was the lack of central servers that co-ordinate file-swapping activity.
news.bbc.co.uk /2/hi/technology/3582558.stm   (519 words)

  
 Court rules against Napster and upholds injunction | OUT-LAW.COM
Napster was started in 1999 by US teenager Shawn Fanning who wrote the software for the service that allows users to swap MP3 music files stored the hard drives of their computers.
It was this stay which the RIAA appealed to the 9th US Circuit Court of Appeals.
The court agreed with US District Chief Judge Marilyn Hall Patel that Napster is likely to be found liable for contributory and vicarious copyright infringement and said that Napster has a responsibility to police its own system for infringement.
www.out-law.com /page-1384-theme=default   (773 words)

  
 9th US Circuit Court of Appeals Reduces Sentence   (Site not responding. Last check: 2007-09-20)
The 9th U.S. Circuit Court of Appeals said yesterday that juries and not judges must decide on the amount of drugs involved in a criminal case when the amount is a factor that could increase a sentence.
U.S. District Judge Vaughn Walker of San Francisco had imposed the penalty after concluding during sentencing that Nordby was responsible for at least 1,000 plants.
The jury in his trial in Walker's court found only that he produced a "detectable amount" of marijuana and was not asked to determine a specific amount.
www.mapinc.org /drugnews/v00/n1360/a05.html   (190 words)

  
 n May 1998, the 1st US Circuit Court of Appeals in Boston ruled that immigrants can contest deportation orders in ...
Many foreigners and US prisoners are housed in facilities operated by private companies, such as the Corrections Corporation of America, which was charged by a former employee with forcibly sedating and improperly restraining foreign detainees at its Elizabeth, New Jersey facility.
The Court of Appeals ruling sends the case back to an immigration review panel that earlier said that because of the Attorney General's interpretation of IRRIRA it could not grant a waiver from deportation proceedings to a 28-year old Portuguese-born immigrant who committed crimes in the US as a teen.
In May, 1998, the US 9th Circuit Court of Appeals in San Francisco ruled that the INS had erred in deporting 5,000 foreigners accused of using false work authorization documents without advising them that they could appeal the INS charges.
www.australia-travel-visa-immigration.com /news/rome/jun_1998-03mn.asp   (847 words)

  
 AlterNet: Mandatory Minimum Sentencing Laws Under Threat
The 9th U.S. Circuit Court of Appeals in San Francisco ruled it is unconstitutional for judges to add more years to drug traffickers' sentences based on post-conviction hearings.
A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco ruled that it is unconstitutional for judges to add more years to drug traffickers' sentences based on post-conviction hearings not heard by a jury.
The 9th US Circuit Court of Appeals ruling holds for the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
www.alternet.org /story/11352   (621 words)

  
 United States Court of Appeals for the Ninth Circuit... - Wikipedia, the free encyclopedia
United States Court of Appeals for the Ninth Circuit...
Please search for United States Court of Appeals for the Ninth Circuit...
Start the United States Court of Appeals for the Ninth Circuit...
en.wikipedia.org /wiki/United_States_Court_of_Appeals_for_the_Ninth_Circuit...   (212 words)

  
 Ninth Circuit Homepage
Court of Appeals Appoints New Bankruptcy Judge for Northern District of California
of the U.S. Courts for the Ninth Circuit.
The OCE provides administration and staff support to the Judicial Council of the Ninth Circuit, the Ninth Circuit Court of Appeals, District Courts, Bankruptcy Courts, and Probation/Pretrial units.
www.ce9.uscourts.gov   (270 words)

  
 Appeals Court Rules Against Indefinite Detention of Immigrants
US Circuit Court of Appeals, in a 3-0 decision held on Monday that immigration officials cannot hold criminal immigrants indefinitely after their prison sentences when their home countries won't take them back.
The ruling, which will likely be appealed to the US Supreme Court, affects hundreds of immigrants in the nine Western states covered by the nation's largest appellate circuit, and as many as 3,500 such prisoners nationwide.
Circuit involved Kim Ho Ma, a Cambodian refugee who came to the United States with his family at age 2 and was convicted of manslaughter in a Seattle drive-by shooting 15 years later.
www.immigrationlinks.com /news/news228.htm   (411 words)

  
 StarkTruth.com - Stark Raving Mad   (Site not responding. Last check: 2007-09-20)
The 9th Circuit also disporportionately leads the nation in decisions overturned by the U.S. Supreme Court.
Predictably, accusations by Democrats of a Republican agenda to dilute the 9th Circuit's left-leaning stance were denied by supporters who said the split (which will leave the 9th with just California and Hawii and create two new courts for the other seven states) is necessary because it has grown too large.
Interestingly, defenders of the 9th nevertheless cite an extraordinarily heavy caseload as the reason for its abysmal record of 9th Court overturned decisions.
www.starktruth.com /comment.asp?articleid=1568   (547 words)

  
 Federal Court Panel Hears Appeal in Case Involving Antiabortion Advocates' 'Wanted' Posters
A three-judge panel of the 9th US Circuit Court of Appeals in Portland, Ore, on Tuesday heard arguments in an appeal filed by antiabortion advocates who were ordered to pay more than $100 million in damages for printing the photos, names and addresses of abortion providers on Old West-style "Wanted" posters and the Internet, the...
The 9th Circuit Court in May 2002 ruled that the posters and the related Nuremberg Files Web site, which published the names and addresses of abortion providers and then crossed them out if they had been killed, are not protected forms of free speech under the First Amendment of the U.S. Constitution.
Although the Supreme Court in June 2003 denied an appeal by the antiabortion advocates, their attorneys are asking the 9th Circuit to reconsider the case because they say recent Supreme Court rulings have narrowed the definition of a threat of violence.
www.medicalnewstoday.com /medicalnews.php?newsid=27459&nfid=rssfeeds   (435 words)

  
 File-swap ruling heads back to court - ZDNet UK News
The 9th US Circuit Court of Appeals is reviewing a lower court decision made last spring in which a federal judge ruled that distributing decentralised file-swapping tools such as Grokster and Morpheus was legal, and that their parent companies bore no legal liability for copyright infringement occurring on those networks.
The appeals court, like the lower court before it, ultimately will determine whether technology companies are responsible for the illegal activities of people who buy or use their products, an issue that resonates well beyond the peer-to-peer world.
Sharman is not part of the appeal, due to legal issues that have separated its case from the other two.
news.zdnet.co.uk /software/applications/0,39020384,39145279,00.htm   (727 words)

  
 Free Radio Berkeley
For the next 3 years a protracted court engagement occurred with a defensive FCC attempting to dodge the bullet of Constitutional scrutiny.
Shortly after filling a motion for altering the ruling and having it denied by Judge Claudia Wilken, attorneys for Stephen Dunifer and Free Radio Berkeley filed an appeal of the injunction ruling with the US Circuit Court of Appeals for the Ninth Circuit.
Our appeal process is taking place against a backdrop of raw corporate muscle, money, and political influence being exercised by the National Association of Broadcasters to ensure that only the very rich and powerful mega-media corporations have access to the airwaves, a public resource.
www.commondreams.org /news2000/0402-01.htm   (652 words)

  
 9th circuit court - 9th circuit court Information   (Site not responding. Last check: 2007-09-20)
The 9th Circuit Court of Appeals said Tuesday that the FBI is not legally entitled to remotely activate the system and secretly use it to...
Newdow appealed to the Ninth Circuit Court of Appeals.
The 9th US Circuit Court of Appeals is reviewing a lower court decision made last spring in which a federal judge ruled that distributing...
www.grtcourts.info /9th-circuit-court   (1213 words)

  
 9th circuit court of appeals - 9th circuit court of appeals Information   (Site not responding. Last check: 2007-09-20)
Re: District Court/9th Circuit Court of Appeals To employment@groupserver.revnet.com From employment@groupserver.revnet.com...
U.S. Senator Dianne Feinstein on the Confirmation of Judge Richard Paez and Marsha Berzon to the 9th Circuit Court of Appeals March 9, 2000...
Thursday's hearing before a three-judge panel of the 9th U.S. Circuit Court of Appeals was the climax of the government's challenge to the...
www.totalcourts.info /9th-circuit-court-of-appeals   (1119 words)

  
 Law.com - Immigration Case Divides 9th Circuit
In a series of appeals following his conviction, Nunes argued that first-degree burglary is not a violent felony so he should not be deported.
Nunes then appealed the denial of his habeas petition to the 9th Circuit, arguing that the district court had erred.
She is trying to keep Nunes in the country while considering an appeal to the U.S. Supreme Court with Washington, D.C.'s American Immigration Lawyers Association.
www.law.com /jsp/article.jsp?id=1089315016436   (572 words)

  
 Indymedia UK - Seattle WTO Free Speech Case Heard By US 9th Circuit Court of Appeals
Seattle WTO Free Speech Case Heard By US 9th Circuit Court of Appeals
One of the most important free-speech cases in U.S. history will play itself out in the courtroom of the U.S. 9th Circuit Court of Appeals in Seattle.
A continuing court battle in this long-standing dispute over civil rights could be very expensive for the city during a time of high unemployment and diminishing municipal budgets.
www.indymedia.org.uk /en/2004/02/285007.html   (825 words)

  
 FindLaw: 9th Circuit Court Opinions
U.S. Court of Appeals (9th Circuit) Features court information, opinions, court calendar, and employment opportunities.
Office of the Circuit Executive, United States Courts for the Ninth Circuit.
Court of Appeals opinions, media releases, news, vacancies, court restructuring issues, rules and publications and court history.
www.findlaw.com /casecode/courts/9th.html   (335 words)

  
 Military Not Required To Pay for Abortion of Nonviable Fetus Under Federal Law, 9th Circuit Court of Appeals Rules   (Site not responding. Last check: 2007-09-20)
The US Navy is not responsible for the cost of an abortion for an Everett, Washington, woman whose fetus was missing part of its brain, a three-judge panel of the 9th US Circuit Court of Appeals in San Francisco unanimously ruled on Thursday, the...
The court acknowledged that the ruling might come across as "callous and unfeeling" but said they were not judging the "wisdom, fairness or logic" of the congressional legislation restricting abortion under military medical plans (Kravets,
In that case, the court upheld federal legislation that prohibits Medicaid from paying for abortions except when the woman's life is in danger.
www.pharma-lexicon.com /medicalnews.php?newsid=29398   (572 words)

  
 Wired News: Bloggers Gain Libel Protection
The Ninth Circuit Court of Appeals ruled last Tuesday that Web loggers, website operators and e-mail list editors can't be held responsible for libel for information they republish, extending crucial First Amendment protections to do-it-yourself online publishers.
The appeals court questioned whether Cremers' minor edits to Smith's e-mail altered it so much that the post became a new piece of expression, and decided it had not.
But because Smith claims he didn't know the e-mail would be published, the court also questioned whether the immunity provision of the Act applied, and passed the case back to the district court.
www.wired.com /news/politics/0,1283,59424,00.html   (882 words)

  
 US Court rejects Napster appeal
After three months of deliberation, the 9th US Circuit Court of Appeals agreed with the major record labels that the online music swap service Napster must prevent its users from exchanging copyrighted material.
An injunction granted at that time was postponed, pending appeal, after Napster had said it was not technologically possible to do this without shutting down its services.
The appellate court have sent the case back to the lower court with instructions to narrow the injunction, respecting the technological limitations that Napster faces in policing its service.
www.wsws.org /articles/2001/feb2001/nap-f15.shtml   (1292 words)

  
 Victory! Federal Appeals Court Rules Feds Can't Persecute Medical Marijuana Patients
Pending any appeal by the Justice Department, the ruling is now in effect throughout the 9th Circuit, which also includes the medical marijuana states of Alaska, Arizona, Hawaii, Nevada, Oregon and Washington.
The court did not address the question of whether medical marijuana co-ops, where cultivators distribute marijuana to patients, are also protected.
Attorneys for WAMM have pursued arguments parallel to Raich, telling the court that because members of the WAMM co-op trade the weed among themselves, they are not involved in interstate commerce.
stopthedrugwar.org /chronicle/316/victory.shtml   (1543 words)

  
 United States Bankruptcy Court
NOTICE: If you have requested to be added to this court's Attorney Email database and you have not received any recent communications from this court, it may be due to your host provider's blocking policy.
NOTICE: As the Court transitions to the electronic filing process, special notices and attorney advisories will be communicated primarily by email.
To avoid missing such notices, please provide the court with an email address so that we may include you in any mass email communications from the court.
www.gamb.uscourts.gov   (383 words)

  
 US Courts
U.S. Court of Appeals for the Armed Forces
U.S. Court of Appeals for the Federal Circuit
This page is maintained by the Administrative Office of the U.S. Courts on behalf of the U.S. Courts.
www.uscourts.gov /courtlinks   (57 words)

  
 Newsbrief: US 9th Circuit Court of Appeals Rejects DEA Motion for New Hemp Hearing
The US 9th Circuit Court of Appeals in San Francisco on June 28 denied a Drug Enforcement Administration (DEA) petition seeking a rehearing on the court's February decision blocking the agency from attempting to ban hemp foods.
The Court reasonably viewed as insignificant and irrelevant harmless trace amounts of THC in hemp seed, just like harmless trace amounts of opiates in poppy seeds," said Bronner.
Newsbrief: US 9th Circuit Court of Appeals Rejects DEA Motion for New Hemp Hearing
stopthedrugwar.org /chronicle/345/rejected.shtml   (683 words)

  
 Federal Appeals Court Reduces Award to Oregon Abortion Doctors, Cites Precedent That Limits Punitive Damages   (Site not responding. Last check: 2007-09-20)
A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco on Tuesday reduced from $108.5 million to $4.7 million the punitive damages awarded to several abortion doctors and clinics whose names appeared on Old West-style "Wanted" posters and the Internet, the...
The 9th Circuit Court in May 2002 upheld the ruling, saying that the posters and the Web site were not protected forms of free speech under the First Amendment of the U.S. Constitution (
In July, the antiabortion advocates appealed the case to the 9th Circuit Court, asking that the punitive damages amount be reconsidered.
www.pharma-lexicon.com /medicalnews.php?newsid=30420   (318 words)

  
 SCO Twist: Does the Nevada District Court Run Linux? @ Blog-n-Play.com   (Site not responding. Last check: 2007-09-20)
Such is the case with the widely reported discovery by UK firm Netcraft that the Nevada District Court, which will hear one of the two SCO lawsuits, itself runs Linux on their Web servers.
Phone calls to the 9th US Circuit Court of Appeals in San Francisco, which provides hosting for the Nevada District Court, reveal that the site is in fact running on Lotus Notes technology on top of Windows servers.
Technical staff in the administrative office of the court strongly refuted any claim that Linux is being used at all on the site.
www.blog-n-play.com /read/43912.htm   (414 words)

  
 9th Circuit Court of Appeals at MegaLaw.com
9th Circuit Court of Appeals - Court information with opinions, court calendar, downloadable documents, FAQ's, bankruptcy rules and other court links.
Office of the Circuit Executive, United States Courts for the Ninth Circuit - Ninth Circuit and Bankruptcy Courts opinions, news, FAQ's, resources and web sites.
U.S. Probation Office - for the Eastern District of California.
www.megalaw.com /fed/9cir.php   (277 words)

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