23 Cited authorities

Zadvydas v. Davis
533 U.S. 678 (2001) Cited 4,262 times 17 Legal Analyses
Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"
Ward v. Rock Against Racism
491 U.S. 781 (1989) Cited 2,867 times 8 Legal Analyses
Holding that music is protected expression
Russello v. United States
464 U.S. 16 (1983) Cited 2,096 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
Bedroc Ltd. v. United States
541 U.S. 176 (2004) Cited 509 times 1 Legal Analyses
Holding a court presumes that Congress says in the statute what it means
Shalala v. Guernsey Memorial Hospital
514 U.S. 87 (1995) Cited 424 times 8 Legal Analyses
Holding that interpretive rules, which are not subject to the notice and comment procedure, are not accorded the weight that regulations are given
Board of Airport Commissioners v. Jews for Jesus, Inc.
482 U.S. 569 (1987) Cited 366 times
Holding that a "ban [on all speech] cannot be justified even a nonpublic forum because no conceivable governmental interest would justify such an absolute prohibition of speech"
McCready v. eBay, Inc.
453 F.3d 882 (7th Cir. 2006) Cited 576 times
Holding that without any indication that eBay acted in any fashion other than good faith, its compliance fell squarely within the statutory good-faith defense
Satterfield v. Simon Schuster
569 F.3d 946 (9th Cir. 2009) Cited 418 times 25 Legal Analyses
Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable
Witzke v. Femal
376 F.3d 744 (7th Cir. 2004) Cited 230 times
Holding that a halfway house, which provided drug/alcohol treatment and housing for some attendees, came within the definition of "any jail, prison, or other correctional facility"
McBoyle v. United States
283 U.S. 25 (1931) Cited 417 times 2 Legal Analyses
Holding National Motor Vehicle Theft Act's definition of "motor vehicle" as "automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle not designed for running on rails" did not include airplanes, as each specified vehicle "is a vehicle running on land"
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 345,982 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,664 times 733 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Lozano v. Twentieth Century Fox Film Corp et al

23 Cited authorities

Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"

Holding that music is protected expression

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding a court presumes that Congress says in the statute what it means

Holding that interpretive rules, which are not subject to the notice and comment procedure, are not accorded the weight that regulations are given

Holding that a "ban [on all speech] cannot be justified even a nonpublic forum because no conceivable governmental interest would justify such an absolute prohibition of speech"

Holding that without any indication that eBay acted in any fashion other than good faith, its compliance fell squarely within the statutory good-faith defense

Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable

Holding that a halfway house, which provided drug/alcohol treatment and housing for some attendees, came within the definition of "any jail, prison, or other correctional facility"

Holding National Motor Vehicle Theft Act's definition of "motor vehicle" as "automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle not designed for running on rails" did not include airplanes, as each specified vehicle "is a vehicle running on land"

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

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals