Tag Archives: Judge Carlos Lucero

10th Circuit rejects UNM student’s First Amendment claim over anti-lesbian essay

by Emil J. Kiehne Posted on April 19, 2017

At the end of March, the Tenth Circuit rejected a student’s claim that the University of New Mexico and two of its employees violated her First Amendment rights by actions they took in response to an essay she wrote criticizing … Continue reading →

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It’s too late to ask for arbitration after class certification, says 10th Circuit

by Emil J. Kiehne Posted on June 26, 2015

In Healy v. Cox Communications, Inc., an antitrust class action, the Tenth Circuit affirmed an order finding that Cox Communications waived any right it may have had to compel arbitration because it didn’t ask for arbitration until “after extensive discovery, class certification, potentially … Continue reading →

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10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents

by Emil J. Kiehne Posted on June 25, 2014

This morning the Tenth Circuit issued its much-anticipated decision in Kitchen v. Herbert, affirming the decision of a federal district court striking down Utah’s marriage law, which restricted marriage to one man and one woman, and holding that the United … Continue reading →

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No, police experts can’t testify that a defendant isn’t credible, 10th Circuit says

by Emil J. Kiehne Posted on May 2, 2014

For your weekend pleasure reading, I recommend the Tenth Circuit’s decision this week in United States v. Hill, a case that raises the question “What were they all thinking?” At Stanley Hill’s trial on criminal charges arising from his alleged involvement in … Continue reading →

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Tenth Circuit holds that Guarantee Clause claim is justiciable

by Emil J. Kiehne Posted on March 10, 2014

The Guarantee Clause (or “Guaranty” Clause) is located in Article IV, Section 4, and provides that “The United States shall guarantee to every State in this Union a Republican Form of Government….” It’s one of those clauses of the Constitution that … Continue reading →

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