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Legal Commentary

: The Volokh Conspiracy

Kozinski Dissent from Denial of Rehearing En Banc, Joined by Reinhardt and Willie Fletcher:

By Eugene Volokh

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A fairly technical Armed Career Criminal Act issue, made interesting by Kozinski's customary verve and clarity....

Full post as published by The Volokh Conspiracy on March 17, 2009 (boomark / email).

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U.S. v. Mayer (9th Cir. - March 16, 2009)

Golden Gate Restaurant Ass'n v. City and County of San Francisco (9th Cir. - March 9, 2009)

Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc

"Although I have been on the short end of en banc votes before, this is the first time in sixteen years on the bench that I have written, or even joined, a dissent from the denial of rehearing en banc."

You can count on First Circuit Judge Juan R. Torruella's foreshadowing of the denial of rehearing en banc in Cerqueira v. American Airlines, Inc.

Access online a rare dissent from a federal appellate court's decision to grant rehearing en banc

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