Tag Archives: dissent from denial of rehearing en banc

Is the D.C. Circuit Too Small To Go En Banc?

Ted Frank of the Center for Class Action Fairness has a post on PointofLaw.com explaining why he thinks the D.C. Circuit’s recent opinion upholding the Cobell settlement was wrongly decided.  (Frank argued the case for the objector.)  Frank asks for advice about whether to petition for rehearing en banc. Continue reading

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No One Says “Dissental”

The latest volley in the debate over the propriety of dissents from the denial of rehearing en banc came yesterday from Chief Judge Alex Kozinski of the Ninth Circuit and a former clerk in an essay entitled I Say Dissental, You Say Concurral. Continue reading

Supreme Court Could Decide Whether Retroactive Rulemaking Requires Express Statutory Authorization

[Update: The Supreme Court denied cert on Monday, November 7, 2011.]

At its conference tomorrow, the Supreme Court will consider whether to grant cert in a D.C. Circuit case only an admin lawyer could love: National Petrochemical & Refiners Ass’n v. EPA, No. 11-102 (S. Ct.). Continue reading

GPS Dissenter, Chief Judge Sentelle to Speak on Privacy and Technology

Chief Judge David Sentelle will participate in a panel entitled “Privacy vs. Free Speech in the Age of Mass Media, 21st Century Communications and Social Media,” this Saturday, October 29, from 2:00-4:00pm at the Washington Post Conference Center, 1150 15th ST., NW, Washington, D.C. Continue reading