28 Cited authorities

Beck v. Prupis
529 U.S. 494 (2000) Cited 546 times
Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962
Usery v. Turner Elkhorn Mining Co.
428 U.S. 1 (1976) Cited 927 times 1 Legal Analyses
Holding that black lung compensation scheme satisfied due process because it was a "rational measure to spread the costs of the employee's disabilities to those who have profited from the fruits of their labor"
Morissette v. United States
342 U.S. 246 (1952) Cited 2,279 times 15 Legal Analyses
Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion
Youngstown Co. v. Sawyer
343 U.S. 579 (1952) Cited 1,013 times 14 Legal Analyses
Holding that resolution of labor disputes "is a job for the Nation’s lawmakers" notwithstanding impact on war
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"
Jewel v. Nat'l Sec. Agency
673 F.3d 902 (9th Cir. 2011) Cited 90 times
Holding that "[t]here [was] no real question about redressability" where the plaintiff sought the available remedies of an injunction and damages
Kasza v. Browner
133 F.3d 1159 (9th Cir. 1998) Cited 105 times
Holding that "if seemingly innocuous information is part of a classified mosaic, the state secrets privilege may be invoked to bar its disclosure and the court cannot order the government to disentangle this information from other classified information"
Mohamed v. Jeppesen Dataplan
614 F.3d 1070 (9th Cir. 2010) Cited 59 times 1 Legal Analyses
Holding that "information concerning CIA clandestine intelligence operations that would tend to reveal intelligence activities, sources or methods" is protected by state secrets privilege
Al-Haramain Islamic Foundation v. Bush
507 F.3d 1190 (9th Cir. 2007) Cited 63 times
Holding that despite plaintiff's formal designation as “global terrorist” organization subject to NSA surveillance, threat of such surveillance was too speculative to support standing
Golinski v. U.S.O.P.M.
824 F. Supp. 2d 968 (N.D. Cal. 2012) Cited 29 times
Finding persuasive the Ninth Circuit's prior holding that “a person's sexual orientation is so fundamental to one's identity that a person should not be required to abandon it.”
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
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,908 times 660 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,015 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 2510 - Definitions
18 U.S.C. § 2510 Cited 4,264 times 79 Legal Analyses
Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
Rule 501 - Privilege in General
Fed. R. Evid. 501 Cited 4,143 times 21 Legal Analyses
Recognizing that "in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision"
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 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,329 times 135 Legal Analyses
Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
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"
Section 1804 - Applications for court orders
50 U.S.C. § 1804 Cited 109 times 1 Legal Analyses
Authorizing electronic surveillance under FISA

Jewel et al v. National Security Agency et al

28 Cited authorities

Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

Holding that black lung compensation scheme satisfied due process because it was a "rational measure to spread the costs of the employee's disabilities to those who have profited from the fruits of their labor"

Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion

Holding that resolution of labor disputes "is a job for the Nation’s lawmakers" notwithstanding impact on war

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

Holding that "[t]here [was] no real question about redressability" where the plaintiff sought the available remedies of an injunction and damages

Holding that "if seemingly innocuous information is part of a classified mosaic, the state secrets privilege may be invoked to bar its disclosure and the court cannot order the government to disentangle this information from other classified information"

Holding that "information concerning CIA clandestine intelligence operations that would tend to reveal intelligence activities, sources or methods" is protected by state secrets privilege

Holding that despite plaintiff's formal designation as “global terrorist” organization subject to NSA surveillance, threat of such surveillance was too speculative to support standing

Finding persuasive the Ninth Circuit's prior holding that “a person's sexual orientation is so fundamental to one's identity that a person should not be required to abandon it.”

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

Adopting Fed.R.Civ.P. 37

Holding an "unrepresented party" to the same standard as an attorney

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Recognizing that "in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision"

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

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

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"

Authorizing electronic surveillance under FISA