U.S. Tenth Circuit
How Old Is Too Old to Work in a Nuclear Lab?
Jagdish Laul started work when he was 60 at the Los Alamos National Laboratory, most famous for designing nuclear weapons during World War II. At his age, he fit right in. In his mid-70s, however, his performance as a safety analyst gradually declined. He was fired and then denied rehiring for any other position. In Laul v. Los Alamos National Laboratories, the U.S. Tenth Circuit Court of Appeals upheld that decision. The judges said he took too long.
University Can Reject Student's Paper for 'Hate Speech,' 10th Rules
The 1985 film 'Desert Hearts,' tells the story of a divorced woman's lesbian awakening in Reno, Nevada. It's become a cult classic and a seminal work in gay cinema, but to one student assigned to watch it, 'Desert Hearts' had nothing to offer "for anyone other than lesbians who are unable to discern bad film from good.
Kansas Defunds Planned Parenthood and Hobby Lobby Oral Arguments
The Tenth Circuit's traditionally conservative stance when it comes to reproductive rights and women's issues is at the forefront this week with two key developments in a case involving Kansas's Title X funding of Planned Parenthood and the Affordable Care Act's contraception mandate. Planned Parenthood of Kansas and Mid-Missouri v. Moser In 2011, Kansas Governor Brownback signed a law that essentially defunded Planned Parenthood of Kansas and Mid-Missouri.
If You Rob Someone at the ATM, You May Be Charged With Robbing a Bank
Most armed robberies are state crimes, with some exceptions. For example, it is a federal crime to rob a bank. Under 18 U.S.C. 2113(a), anyone who "by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another . . . money . . . belonging to, or in the care, custody, control, management, or possession of, any bank" is committing a federal crime. The offense is punishable by up to 25 years in prison. While the statute is clear enough, it raises an interesting legal question: what if you force a person to withdraw money from an ATM at gunpoint or under the threat of violence?
10th Circuit: Pleading Guilty Without Entering a Plea Agreement Can't Lead to Harsher Sentence
Pleading not guilty in federal court is risky, as federal prosecutors have turned negotiating plea agreements into an art form. Defendants who take their chances at trial are often given lengthier sentences for failing to cooperate if convicted. But what about a defendant who pleads guilty without entering a plea…
Ute Tribe Holds Exclusive Right to Control Hunting and Fishing on Its Lands, 10th Circuit Finds
In 2016, a group calling themselves the Uintah Valley Shoshone Tribe began selling hunting and fishing licenses on the Uintah and Ouray Reservation in Utah. However, the federal government has never recognized a tribe by that name. The U.S. government filed suit, arguing that only the Ute Tribe had the right to regulate hunting and fishing on the reservation. The Tenth Circuit Court of Appeals agreed.
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