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1080 (2d Cir. 1989) 106, 119, 149 Arizona v. Youngblood, 488 U.S. 51 (1988) 76 Aronson v. K. Arakelian, Inc., 154 F.2d 231 (7th Cir. 1946) 19 Berghuis v. Smith, 559 U.S. 314 (2010) 299, 302 Blaszczak, 17 Cr. 357 (LAK) 275 Nissen v. Lefevre, 924 F.2d 434 (2d Cir. 1991) 158 Mum v. Yaretsky, 457 U.S.
ircuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief 438 F.3d, at 922-25; Jeffries, 405 F.3d 685. Read together, the Second Circuit's decisions in Weingarten, Vernon, Enterprise, and Falter establish that Congress may retroactively extend the limitations period for still-viable pr
decision theory, the comparative disparity theory, and the absolute disparity theory. See Rioux, 97 F.3d at 655. Although no method is perfect, see Berghuis v. Smith, 559 U.S. 314, 329 (2010), the Second Circuit has made clear that the comparative disparity theory is disfavored and strongly suggested that the ab
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
1080 (2d Cir. 1989) 106, 119, 149 Arizona v. Youngblood, 488 U.S. 51 (1988) 76 Aronson v. K. Arakelian, Inc., 154 F.2d 231 (7th Cir. 1946) 19 Berghuis v. Smith, 559 U.S. 314 (2010) 299, 302 Blaszczak, 17 Cr. 357 (LAK) 275 Blissett v. Lefevre, 924 F.2d 434 (2d Cir. 1991) 158 Blum v. Yaretsky, 457 U.
ircuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief 438 F.3d, at 922-25; Jeffries, 405 F.3d 685. Read together, the Second Circuit's decisions in Weingarten, Vernon, Enterprise, and Faker establish that Congress may retroactively extend the limitations period for still-viable pro
decision theory, the comparative disparity theory, and the absolute disparity theory. See Biota, 97 F.3d at 655. Although no method is perfect, see Berghuis v. Smith, 559 U.S. 314, 329 (2010), the Second Circuit has made clear that the comparative disparity theory is disfavored and strongly suggested that the ab
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
1080 (2d Cir. 1989) 106, 119, 149 Arizona v. Youngblood, 488 U.S. 51 (1988) 76 Aronson v. K. Arakelian, Inc., 154 F.2d 231 (7th Cir. 1946) 19 Berghuis v. Smith, 559 U.S. 314 (2010) 299, 302 Blaszczak, 17 Cr. 357 (LAK) 275 Blissett v. Lefevre, 924 F.2d 434 (2d Cir. 1991) 158 Blum v. Yaretsky, 457 U.
ircuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief 438 F.3d, at 922-25; Jeffries, 405 F.3d 685. Read together, the Second Circuit's decisions in Weingarten, Vernon, Enterprise, and Faker establish that Congress may retroactively extend the limitations period for still-viable pro
decision theory, the comparative disparity theory, and the absolute disparity theory. See Biota, 97 F.3d at 655. Although no method is perfect, see Berghuis v. Smith, 559 U.S. 314, 329 (2010), the Second Circuit has made clear that the comparative disparity theory is disfavored and strongly suggested that the ab
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
Arizona v. Youngblood, 488 U.S. 51 (1988) 179 59 141 26, 29 104 84, 103 52 Aronson v. K. Arakelian, Inc., 154 F.2d 231 (7th Cir. 1946) 17 Berghuis v. Smith, 559 U.S. 314 (2010) 207, 210 Blissett v. Lefevre, 924 F.2d 434 (2d Cir. 1991) 108 Blum v. Yaretsky, 457 U.S. 991 (1982) 99 Bochese v. Town
nited States v. Leo Sure Chief, 438 F.3d 920, 922-25 (9th Cir. 2006); United States v. Jeffiies, 405 F.3d 682, 685 (8th Cir. 2005). Read together, the Second Circuit's decisions in Weingarten, Vernon, Enterprise, and Falter establish that Congress may retroactively extend the limitations period for still-viable pr
decision theory, the comparative disparity theory, and the absolute disparity theory. See Rioux, 97 F.3d at 655. Although no method is perfect, see Berghuis v. Smith, 559 U.S. 314, 329 (2010), the Second Circuit has made clear that the comparative disparity theory is disfavored and strongly suggested that the ab
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
1080 (2d Cir. 1989) 106, 119, 149 Arizona v. Youngblood, 488 U.S. 51 (1988) 76 Aronson v. K. Arakelian, Inc., 154 F.2d 231 (7th Cir. 1946) 19 Berghuis v. Smith, 559 U.S. 314 (2010) 299, 302 Blaszczak, 17 Cr. 357 (LAK) 275 Blissett v. Lefevre, 924 F.2d 434 (2d Cir. 1991) 158 Blum v. Yaretsky, 457 U.
rcuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief, 438 F.3d, at 922-25; Jeffries, 405 F.3d 685. Read together, the Second Circuit's decisions in Weingarten, Vernon, Enterprise, and Falter establish that Congress may retroactively extend the limitations period for still-viable pr
decision theory, the comparative disparity theory, and the absolute disparity theory. See Biota, 97 F.3d at 655. Although no method is perfect, see Berghuis v. Smith, 559 U.S. 314, 329 (2010), the Second Circuit has made clear that the comparative disparity theory is disfavored and strongly suggested that the ab
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
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Julie K. Brown
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Scarlett Johansson
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