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9 unusual facts about United States Court of Appeals for the Second Circuit


Able v. United States

Lieutenant Colonel Jane Able, et al. v. United States of America, et al., is a case from the United States Court of Appeals for the Second Circuit that upheld the Don't ask, don't tell (DADT) (10 USC 654) law against various constitutional challenges. 88 F.3d 1280 (2nd Cir. 1996) ('"Able I"') 155 F.3d 628 (2nd Cir. 1998) ('"Able II"') Both Able I and Able II overruled district court decisions striking down DADT as unconstitutional.

Confederation Congress Proclamation of 1783

The most in-depth analysis of the Proclamation was conducted by the United States Court of Appeals for the Second Circuit in Oneida Indian Nation of New York v. New York (1988).

Dark Passage

In Goodis v. United Artists Television, Inc., 425 F.2d 397, the United States Court of Appeals for the Second Circuit limited the so-called "Doctrine of indivisibility", explaining that it was a judicial doctrine related only to standing, and should not operate to completely deprive a claimant of his copyright.

Druker v. Commissioner of Internal Revenue

Druker v. Commissioner of Internal Revenue is a decision of the United States Court of Appeals for the Second Circuit affirming the constitutionality of the marriage penalty.

Knolls Atomic Power Laboratory

The Lab appealed to the U.S. Court of Appeals for the 2nd Circuit but the judgment was upheld in 2004.

Off-label use

A three-judge panel of the United States Court of Appeals for the Second Circuit in Manhattan ruled on December 5, 2012 that a drug sales representative who was criminally prosecuted for making off-label promotional statements about Xyrem had suffered a violation of his First Amendment right to freedom of speech.

United States Court of Appeals for the Second Circuit

The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan.

Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square, and certain court offices temporarily relocated to the Woolworth Building at 233 Broadway.

United States Court of International Trade

Many Judges of the Court of International Trade also regularly sit by designation on three-judge panels of the United States Court of Appeals for the Second Circuit.


Alicia Ouellette

There she served as an Assistant Solicitor General, arguing over one hundred cases before the New York Court of Appeals, the United States Court of Appeals for the Second Circuit, and the Appellate Division of the Supreme Court, Third Judicial Department.

Avi Dichter

On 16 April 2009, the United States Court of Appeals for the Second Circuit dismissed the case citing Dichter's immunity under the Foreign Sovereign Immunities Act (FSIA).

David Westin

After graduation, he served as a law clerk to J. Edward Lumbard of the United States Court of Appeals for the Second Circuit, and later clerked for Lewis F. Powell of the Supreme Court of the United States.

Jedediah Purdy

After law school, he clerked for the Honorable Pierre N. Leval of the United States Court of Appeals for the Second Circuit, in New York.

John M. Woolsey

This decision, which came about in a test case engineered by Bennett Cerf of Random House, was affirmed by a 2-1 vote of the United States Court of Appeals for the Second Circuit in an opinion by Judge Augustus N. Hand.

Nathan Lewin

Lewin was law clerk to Chief Judge J. Edward Lumbard of the United States Court of Appeals for the Second Circuit (1960–1961) and to Associate Justice John M. Harlan of the Supreme Court of the United States (1961–1962).

National Comics Publications v. Fawcett Publications

National appealed the decision in 1951 to the United States Court of Appeals for the Second Circuit, with famed Judge Learned Hand presiding.

New York Court of Appeals Building

Chief Judge Judith Kaye designated Judge Richard C. Wesley, later elevated to the Second Circuit Court of Appeals, as the court's liaison to the project, now managed by the Dormitory Authority of the State of New York as the state architect's position had been abolished.

P. Cameron DeVore

Together with Robert D. Sack, a judge on the United States Court of Appeals for the Second Circuit in Manhattan, he coauthored the 1998 book Advertising and Commercial Speech: A First Amendment Guide.

Stuart A. Summit

On September 23, 1987, toward the end of Ronald Reagan's presidency, Reagan nominated Summit to a seat on the United States Court of Appeals for the Second Circuit to replace Irving Kaufman, who had taken senior status.

William C. Conner

In a 1981 decision later reversed by the United States Court of Appeals for the Second Circuit, in a case brought by Harpo Marx's widow Susan Fleming, Conner ruled that the producers of A Day in Hollywood / A Night in the Ukraine had improperly used the Marx Brothers characters in their Broadway theatre production and that the publicity rights of the comedians, even after their deaths, overrode the First Amendment claims of the show's creators.


see also

Engblom

Engblom v. Carey, United States Court of Appeals for the Second Circuit case

Harry Chase

Harrie B. Chase (1889–1969), judge of the United States Court of Appeals for the Second Circuit

Judge Hand

Augustus Noble Hand, as well of the United States Court of Appeals for the Second Circuit.

Princeton Law School

Sonia Sotomayor, then Circuit Judge of the United States Court of Appeals for the Second Circuit and later Associate Justice of the Supreme Court of the United States, received an Honorary Doctor of Laws Degree from Princeton University.