Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: United States Court of Appeals for the Eighth Circuit


Related Topics

In the News (Tue 15 Dec 09)

  
  United States Court of Appeals for the Eighth Circuit - Wikipedia, the free encyclopedia
Caldwell was appointed as a circuit judge for the Eighth Circuit in 1890 by Benjamin Harrison.
The Eighth Circuit is the most Republican Court of Appeals in the nation, with 9 of its 11 active judges (82%) appointed by Republican Presidents.
The United States Court of Appeals for the Second Circuit, however, is a majority-Clinton court, with 7 of its entire 13 active judges appointed during his two terms as President.
en.wikipedia.org /wiki/United_States_Court_of_Appeals_for_the_Eighth_Circuit   (845 words)

  
 United States Court of Appeals for the Tenth Circuit - Wikipedia, the free encyclopedia
United States Court of Appeals for the Tenth Circuit
Cotteral was appointed to the bench of the United States Court of Appeals for the Eighth Circuit in 1928 by Calvin Coolidge.
Reassigned on June 16, 1891 to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891
en.wikipedia.org /wiki/United_States_Court_of_Appeals_for_the_Tenth_Circuit   (652 words)

  
 Yale Law Library | Judicial Nominations
Miguel A. Estrada to United States Court of Appeals for the District of Columbia Circuit on 1/7/2003 is withdrawn.
Susan Bieke Neilson to United States Court of Appeals for the Sixth Circuit on 1/7/2003 is pending.
to United States Court of Appeals for the Eleventh Circuit on 4/9/2003 is recess apt.
www.law.yale.edu /outside/scr/library/nom/108_app.asp   (687 words)

  
 Cuffley v. Mickes
Appeal from the United States District Court for the Eastern District of Missouri.
The State's purported reasons for denying the Klan's application are so obviously unreasonable and pretextual that, in the end, we are left only with the admitted reason the State was motivated to so carefully scrutinize the Klan's application as an explanation for the denial: that the State disagrees with the Klan's beliefs and advocacy.
Instead, that court concluded that the state's reason for denying the Klan's application to adopt a portion of highway outside a public housing project—to prevent the Klan from intimidating residents and frustrating a federal desegregation order—were reasonable and viewpoint neutral.
pub.bna.com /lw/992334.htm   (4093 words)

  
 No. 03-107: United States v. Lara - Petition
On August 29, 2001, respondent was indicted in the United States District Court for the District of North Dakota for assault on a federal officer, in violation of 18 U.S.C. 111(a)(1).
Contrary to the court of appeals' view, the scope of tribal sovereignty is defined by federal common law as informed by the backdrop of federal treaties and statutes, not by the Constitution, and thus may be modified by Congress in the exercise of its plenary authority over Indian affairs.
United States, 518 U.S. The dual sovereignty doctrine is based on the principle that a crime is an offense against the sovereignty of a government, and that when a single act violates the sovereignty of two governments, the offender has committed two distinct offenses.
www.usdoj.gov /osg/briefs/2003/2pet/7pet/2003-0107.pet.aa.html   (14385 words)

  
 Public Citizen | Litigation Group | Litigation Group - OCM v. Seaboard Farms - PETITION FOR A WRIT OF CERTIORARI TO US ...
On Petition for a Writ of Certiorari to the
The opinion of the United States Court of Appeals for the Eighth Circuit summarily affirming the district court's decision is reproduced in the appendix at Pet.
The panel's decision that nonparties may not intervene to seek access to court records conflicts with the decisions of the eight circuit courts that have addressed this issue, all of which have concluded that intervention is the appropriate method for a nonparty to challenge protective orders.
www.citizen.org /litigation/briefs/FOIAGovtSec/articles.cfm?ID=6526   (2922 words)

  
 No. 98-1235: United States v. Regents of the Univ. of Minn. - Petition (Hold)
The district court granted the motion, holding that the ADEA lacks a clear textual statement evidencing Congress's intent to abrogate the States' Eleventh Amendment immunity.
The United States intervened on appeal, pursuant to 28 U.S.C. 2403(a), to defend the abrogation of Eleventh Amendment immunity in the ADEA.
The court of appeals agreed that the enforcement provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. 216(b), which are incorporated into the ADEA, 29 U.S.C. 626(b), clearly manifest an intent to abrogate.
www.usdoj.gov /osg/briefs/1998/2pet/7pet/98-1235.pet.aa.html   (987 words)

  
 HODGSON v MINNESOTA - Legal Case Documents
Accordingly, the judgment of the Court of Appeals in its entirety is affirmed.
the judgment of the Court of Appeals in its entirety is affirmed.
I dissent from the portion of the Court's judgment affirming the Court of Appeal's conclusion that Minnesota two-parent notice statute is unconstitutional.
www.legalcasedocs.com /120/243/683.html   (4033 words)

  
 DRYE V. UNITED STATES
The Probate Court declared Drye’s disclaimer valid and accordingly ordered final distribution of the estate to Theresa, who then used the estate’s proceeds to fund the Trust, of which she and, during their lifetimes, her parents are the beneficiaries.
The Court of Appeals for the Eighth Circuit affirmed, reading this Court’s precedents to convey that state law determines whether a given set of circumstances creates a right or interest, but federal law dictates whether that right or interest constitutes “property” or the “righ[t] to property” under §6321.
Once it has been determined that state law creates sufficient interests in the taxpayer to satisfy the requirements of the federal tax lien provision, state law is inoperative to prevent the attachment of the federal liens.
www.law.cornell.edu /supct/html/98-1101.ZS.html   (1115 words)

  
 Falk Law Office - United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is the court that hears appeals from decisions of the United States District Court of South Dakota, as well as appeals from other federal district courts within a certain geographical area.
Appeals from federal decisions in Wyoming, as well as other states within the tenth circuit, are heard by the United States Court of Appeals for the Tenth Circuit.
The district court ruled in favor of the plaintiffs and these rulings were upheld by the Eight Circuit Court of Appeals despite several efforts by the Governor of South Dakota to have the rulings overturned.
www.enetis.net /~mfalk/falklaw/appeal.html   (524 words)

  
 MOTION TO RECALL THE MANDATE AND APPLICATION FOR STAY OF EXECUTION
Davis leave to appeal the denial of his petition for writ of habeas corpus challenging his conviction and sentence of death.
United States, 394 U.S. 217 (1969), scrutiny of the record in Mr.
State, 807 S.W.2d 493 (Mo. banc 1991), which provided a remedy to litigants where the failure to file a timely, properly verified amended motion was entirely the fault of counsel.
www.ccadp.org /davis1.htm   (2564 words)

  
 United States Supreme Court
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
The Ninth Circuit held that the state application was “pending” because under Circuit precedent a denial without comment or citation is treated as a denial on the merits, and a petition denied on the merits was not untimely.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
clelaw.lib.oh.us /public/decision/US/011006.html   (2548 words)

  
 United States Court of Appeals for the Eighth... - Wikipedia, the free encyclopedia
United States Court of Appeals for the Eighth...
Look for United States Court of Appeals for the Eighth...
Promotional articles about yourself, your friends, your company or products; or articles written as part of a marketing or promotional campaign, may be deleted in accordance with our deletion policies.
en.wikipedia.org /wiki/United_States_Court_of_Appeals_for_the_Eighth...   (205 words)

  
 Wrightslaw - The United States Court of Appeals for the Eighth Circuit.
However, the court went on to "reject the proposition that the District has unfettered discretion to simply deny [services to a disabled student at a private school], and claim to have fulfilled its obligations under the IDEA by offering those services to [the student] at a public school." Id. at 806.
Indeed, the Supreme Court has been extremely hesitant to suggest that private school students have a constitutional entitlement to the same benefits that are given to public school students by the government.
Penny Kodrich, the school district’s director of special services, stated that the policy was long-standing and was designed to maintain control over the quality of the district’s programs and personnel, foster integrated teamwork and communication between special education and regular staff, and maximize benefits to students based on limited financial resources.
www.wrightslaw.com /law/caselaw/case_Westendorp_8th_980915.html   (6139 words)

  
 [No title]
On Petition for Writ of Certiorari to the United States
In applying that standard, the court of appeals clearly held “that school officials are justified in limiting student speech, under [the invasion of rights prong of the Tinker] standard, only when publication of that speech could result in tort liability for the school.” (Appendix to Petition for Writ of Certiorari at A–14 (emphasis added)).
Therefore, the Court squarely confronts questions of the status under the public forum doctrine of school–sponsored publications produced as part of the curriculum, of the relationship of the public [*5] forum determination to Tinker, and of the relevance of Tinker in cases that do not involve viewpoint discrimination.
www.yale.edu /lawweb/avalon/curiae/html/484-260/003.htm   (1147 words)

  
 The Association of the Bar of the United States Court of Appeals for the Eighth Circuit
The Association of the Bar of the United States Court of Appeals for the Eighth Circuit
Eighth Circuit Court of Appeals ---> The Association of the Bar of the
Welcome to the Association of the Bar of the United States Court of Appeals for the Eighth Circuit.
www.law.ualr.edu /eighthcircuitbar   (359 words)

  
 FELLERS V. UNITED STATES
Petitioner contends that in rejecting this argument, the Court of Appeals for the Eighth Circuit improperly held that the
The Court of Appeals erred in holding that the absence of an “interrogation” foreclosed petitioner’s claim that the jailhouse statements should have been suppressed as fruits of the statements taken from petitioner at his home.
Accordingly, the judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
supct.law.cornell.edu /supct/html/02-6320.ZO.html   (1274 words)

  
 WEBSTER v REPRODUCTIVE HEALTH SERVICES - Legal Case Documents
In invalidating the preamble, the Court of Appeals misconceived the meaning of the dictum in Akron v.
The extent to which the preamble's language might be used to interpret other state statutes or regulations is something that only the state courts can definitively decide, and, until those courts have applied the preamble to restrict appellees' activities in some concrete way, it is inappropriate for federal courts to address its meaning.
Charles Fried argued the cause for the United States as amicus curiae urging reversal.
www.legalcasedocs.com /120/243/776.html   (1627 words)

  
 [No title]
Rather, they suggest that the Eighth Circuit’s judgment decided an important question of federal law which has not been, but should be, settled by this Court, and that the judgment is in conflict with the decision of another federal court on the same matter.
Even a cursory review of the Eighth Circuit’s opinion reveals that it did not find, contary to the suggestion made by petitioners at the outset of their brief, that school officials may act only where failure to do so would subject the school to tort liability.
To the extent that the results reached by the various courts may diverge, the explanation is not so much a question of doctrinal disarray, but the problem of applying established doctrine to many and varied factual situations.
www.yale.edu /lawweb/avalon/curiae/html/484-260/002.htm   (1623 words)

  
 Preston | Gates | Ellis LLP : Profile:   (Site not responding. Last check: 2007-10-21)
Prior to serving in the Eighth Circuit, Shaakirrah was awarded a Pegasus Scholarship by the American Inns of Court Foundation and the Honorable Society of the Inner Temple in London, England.
Shaakirrah was formerly an associate in the New Orleans office of Locke Liddell & Sapp LLP and a law clerk in the United States District Court for the Eastern District of Louisiana.
Ivan L.R. Lemelle, United States District Court for the Eastern District of Louisiana, 2001—2002
www.prestongates.com /people/profile.asp?id=997   (305 words)

  
 Docket for 04-5589   (Site not responding. Last check: 2007-10-21)
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
Judgment VACATED and case REMANDED for further consideration in light of United States v.
Acknowledgement of receipt (03/01/2005) of judgment from United States Court of Appeals for the Eighth Circuit received.
www.supremecourtus.gov /docket/04-5589.htm   (70 words)

  
 Barger on Legal Writing / Appellate Resources
These links provide law students and appellate attorneys with access to web sites for appellate courts in Arkansas, the United States Court of Appeals for the Eighth Circuit, and the Supreme Court of the United States, as well as to resources on court rules, opinions, and oral arguments.
Arkansas Supreme Court and Arkansas Court of Appeals
Association of the Bar of the United States Court of Appeals for the Eighth Circuit -- an organization composed of judges,
www.ualr.edu /cmbarger/app_res.htm   (829 words)

  
 Supreme Law Library : Court Cases : U.S.A. v. Gilbertson : OPENING BRIEF   (Site not responding. Last check: 2007-10-21)
          on  the  United  States  District  Court,  District  of
as a "citizen of the United States" [sic].
     Appellant sought  to convene  a District Court of the United
www.supremelaw.org /cc/gilberts/opening.htm   (2428 words)

  
 The Free Expression Policy Project   (Site not responding. Last check: 2007-10-21)
On Appeal From a Judgment of the United States District Court for the Eastern District of Missouri, Eastern Division
Violent crime rates across the United States have fallen significantly in the past decade, even while fantasy violence in entertainment has increased – and while video games, especially violent ones, have become a staggeringly popular form of entertainment.
Messner stated: "The data consistently indicate that high levels of exposure to violent television content are accompanied by relatively low rates of violent crime."27
www.fepproject.org /courtbriefs/stlouis.html   (9682 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)

  
 Find in a Library: A history of the United States Court of Appeals for the Eighth Circuit : [a Bicentennial project
Find in a Library: A history of the United States Court of Appeals for the Eighth Circuit : [a Bicentennial project
A history of the United States Court of Appeals for the Eighth Circuit : [a Bicentennial project
To find this item in a library, enter a postal code, state, province, or country in the field above.
www.worldcatlibraries.org /wcpa/ow/89129f87b58bb614.html   (90 words)

  
 FindLaw: Cases and Codes
Federal Judiciary Homepage - maintained by the Administrative Office of the U.S. Courts.
US Court of Federal Claims - from the United States Court of Federal Claims.
US Court of Appeals for the Armed Forces - includes opinions, digest, daily journal, court rules and more.
caselaw.findlaw.com   (507 words)

  
 Table of Contents   (Site not responding. Last check: 2007-10-21)
1996.C08.1289 (http://www.versuslaw.com) United States Circuit Court of Appeals for the Eighth Circuit, No. 95-2476; October 8, 1996
07/12/96 GARY KIPP, INDIVIDUALLY V. 1996.C08.897 (http://www.versuslaw.com) United States Circuit Court of Appeals for the Eighth Circuit, No. 95-2453; July 12, 1996
03/14/96 THE ESTATE OF JOHN DOE, V. 1996.C08.346 (http://www.versuslaw.com) United States Court of Appeals for the Eighth Circuit, No. 95-3302SI; March 13, 1996
www.aegis.com /law/FedApp/8D/1996   (141 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.