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Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine ...
Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2017, H.R. 196 [24] The more recent proposals have aimed to redefine the Ninth Circuit to cover California, Hawaii, Guam, and the Northern Mariana Islands, and to create a new Twelfth Circuit to cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.
Hall sought review from the District Court, which found that the arbitrator's decision contained legally erroneous conclusions. Accordingly, the arbitrator ruled for Hall Street, and the District Court affirmed. On appeal, the U.S. Court of Appeals for the Ninth Circuit ruled that the original arbitration award, favoring Mattel, must stand.
Department of the Air Force, 527 F.3d 806 (9th Cir. 2008), the United States Court of Appeals for the Ninth Circuit ruled that the law commonly known as "don't ask, don't tell" (DADT) was subject to "heightened" scrutiny based on its analysis of Lawrence. The court articulated a three-pronged test for heightened scrutiny.
The Ninth Circuit panel affirmed the district court’s summary judgment that the order violated the Supremacy Clause and the Instrument of Transfer agreement.
The Ninth Circuit has yet to define the appropriate standard for commercial speech in discovery disputes. [9] [10] The Ninth Circuit's decision in this case will likely be influential. Many "subpoena targets" such as Google, Yahoo! and Bing are located in the Ninth Circuit and are therefore affected by the decision in Anonymous Online Speakers.
Pinholster v. Ayers, 590 F. 3d 651 (9th Cir. 2009) Holding; 1. Review under 28 U.S.C. § 2254(d)(1) is limited to the record that was before the state court that adjudicated the claim on the merits. 2. On the record before the state court, Pinholster was not entitled to federal habeas relief. United States Court of Appeals for the Ninth Circuit ...
In his opinion, Breyer wrote that the "fairly traceable" test that the Ninth Circuit had adopted would give the EPA greater authority on pollutant regulation than Congress had given at the time, as the Ninth Circuit's test could apply to a source of pollution that may have occurred a century before and hundreds of miles away due to the slow ...