63 Cited authorities

United States v. Nixon
418 U.S. 683 (1974) Cited 4,100 times 15 Legal Analyses
Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254
Smith v. Maryland
442 U.S. 735 (1979) Cited 2,147 times 54 Legal Analyses
Holding that use of pen register was not a "search" for Fourth Amendment purposes
Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler
537 U.S. 371 (2003) Cited 496 times 1 Legal Analyses
Holding that the phrase “other legal process” in 42 U.S.C. § 407 refers only to the utilization of a judicial or quasi-judicial mechanism, the common attribute shared by the phrase and the statutory enumeration preceding it
DeBartolo Corp. v. Fla. Gulf Coast Trades Council
485 U.S. 568 (1988) Cited 726 times 10 Legal Analyses
Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"
Department of Navy v. Egan
484 U.S. 518 (1988) Cited 520 times 3 Legal Analyses
Holding that "unless Congress specifically has provided otherwise," "outside nonexpert bod[ies]," including courts, cannot attempt to substitute their judgments for those of the executive branch on matters of national security
Tenet v. Doe
544 U.S. 1 (2005) Cited 210 times
Concluding that "Totten precludes judicial review in cases * * * where success depends upon the existence of a secret espionage relationship with the Government"
Military Audit Project v. Casey
656 F.2d 724 (D.C. Cir. 1981) Cited 1,215 times
Holding that the CIA did not waive the applicability of Exemption 1 to all classified information relating to a subject by voluntarily releasing some formerly classified information about that subject
United States v. Reynolds
345 U.S. 1 (1953) Cited 733 times 5 Legal Analyses
Holding that the state secrets privilege is guided by a "formula of compromise"
Fitzgibbon v. C.I.A
911 F.2d 755 (D.C. Cir. 1990) Cited 393 times
Holding that, after Sims, domestic intelligence sources are protected to the same extent as foreign sources
Cal. Ex. Rel. Sacramento Metro. Air v. U.S.
215 F.3d 1005 (9th Cir. 2000) Cited 260 times
Holding that 28 U.S.C. § 1442 could not support jurisdiction in the face of a jurisdictional bar, on the ground that "[i]t is fundamental that a general statutory provision may not be used to nullify or to trump a specific provision, irrespective of the priority of enactment"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited
18 U.S.C. § 2511 Cited 2,789 times 42 Legal Analyses
Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
Section 2520 - Recovery of civil damages authorized
18 U.S.C. § 2520 Cited 1,347 times 2 Legal Analyses
Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred
Section 2703 - Required disclosure of customer communications or records
18 U.S.C. § 2703 Cited 1,214 times 100 Legal Analyses
Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"
Section 1 - Repealed
18 U.S.C. § 1 Cited 469 times 1 Legal Analyses
Defining petty offenses as crimes "the penalty for which . . . does not exceed imprisonment for a period of six months or a fine of not more than $5,000 for an individual and $10,000 for a person other than an individual, or Page 838 both"
Section 2707 - Civil action
18 U.S.C. § 2707 Cited 458 times 19 Legal Analyses
Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"
Section 2702 - Voluntary disclosure of customer communications or records
18 U.S.C. § 2702 Cited 346 times 24 Legal Analyses
Restricting use of Internet subscriber information without consent
Section 1801 - Definitions
50 U.S.C. § 1801 Cited 280 times 10 Legal Analyses
Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States
Section 1806 - Use of information
50 U.S.C. § 1806 Cited 169 times 4 Legal Analyses
Allowing in camera , ex parte review of the legality of electronic surveillance under FISA Subchapter I if "the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States"

In re National Security Agency Telecommunications Records Litigation

63 Cited authorities

Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254

Holding that use of pen register was not a "search" for Fourth Amendment purposes

Holding that the phrase “other legal process” in 42 U.S.C. § 407 refers only to the utilization of a judicial or quasi-judicial mechanism, the common attribute shared by the phrase and the statutory enumeration preceding it

Holding that "unless Congress specifically has provided otherwise," "outside nonexpert bod[ies]," including courts, cannot attempt to substitute their judgments for those of the executive branch on matters of national security

Concluding that "Totten precludes judicial review in cases * * * where success depends upon the existence of a secret espionage relationship with the Government"

Holding that the CIA did not waive the applicability of Exemption 1 to all classified information relating to a subject by voluntarily releasing some formerly classified information about that subject

Holding that the state secrets privilege is guided by a "formula of compromise"

Holding that, after Sims, domestic intelligence sources are protected to the same extent as foreign sources

Holding that 28 U.S.C. § 1442 could not support jurisdiction in the face of a jurisdictional bar, on the ground that "[i]t is fundamental that a general statutory provision may not be used to nullify or to trump a specific provision, irrespective of the priority of enactment"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred

Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

Defining petty offenses as crimes "the penalty for which . . . does not exceed imprisonment for a period of six months or a fine of not more than $5,000 for an individual and $10,000 for a person other than an individual, or Page 838 both"

Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"

Restricting use of Internet subscriber information without consent

Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States

Allowing in camera , ex parte review of the legality of electronic surveillance under FISA Subchapter I if "the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States"