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From the category archives:

SCOTUS

Adam Liptak – Supreme Court Correspondent, The New York Times

March 9, 2010

The University of Akron School of Law’s Joseph G. Miller and William C. Becker Center for Professional Responsibility will offer its inaugural Journalism and the Law Lecture titled “Covering the Roberts Court in the Obama Era: A Reporter’s Reflections.” The lecture will be given by Adam Liptak, Supreme Court Correspondent and columnist for The New [...]

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Congress Considers Return to Notice Pleading

January 27, 2010

     Bills pending in Congress may return pleadings in federal courts to the "notice pleading"  standard.

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Is the state really just facilitating private ordering when it grants corporate status?

January 23, 2010

I think not.

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It's all politics now.

January 22, 2010

The fundamental premise of the Court's decision in Citizens United v. FEC is that a corporation should have the same First Amendment rights to engage in political speech as any citizen, because a corporation is simply an "association of citizens" in the "corporate form." I think this is going to lead to the politicization of [...]

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U.S. Supreme Court – in Plain English

January 15, 2010

Who wouldn’t like Supreme Court issues explained in easy to understand terminology?  The Supreme Court of the United States Blog (SCOTUSBLOG) is now publishing plain English summaries of the Questions Presented in each of the Supreme Court cases for this Term.   

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High Court Rules that Orders Adverse to Attorney-Client Privilege Are Not Immediately Appealable as Collateral Final Orders

December 9, 2009

The Supreme Court ruled yesterday, in Mohawk Industries, Inc. v. Carpenter, that court orders finding a waiver of the attorney-client privilege are not immediately reviewable under the collateral final order doctrine.  In so ruling, the Court continued its focus on the "importance" of the interest at stake, noting that, to qualify as an immediately appealable collateral order, the interest [...]

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Bilski Math

November 10, 2009

The following post comes from Prof. Jay Dratler, Jr.:
The case of Bilski v. Kappos, argued yesterday before the Supreme Court, 2009 Term, No. 08-964, addresses a question vital to the survival of our free enterprise system. (Number citations are to pages and lines of the oral argument transcript.)
Can anyone with a new and nonobvious business [...]

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Is There a Constitutional Right for Corporations to Influence Elections?

September 17, 2009

The New York Times described the case of Citizens United v. FEC, which was recently re-argued before the Supreme Court, as "a momentous case that could transform the way political campaigns are conducted."  As the NYT reports:
The case involves “Hillary: The Movie,” a mix of advocacy journalism and political commentary that is a relentlessly negative [...]

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Stevens, Holmes, Cardozo, and … Posner?

September 13, 2009

     Two weeks ago the AP speculated that Justice Stevens may be planning to retire, and Howard Fineman reportedly repeated those rumors this morning on the Chris Matthews Show.  At 89 Stevens is the second-oldest Supreme Court justice ever to serve, second only to Oliver Wendell Holmes, Jr., who retired in 1932 at the age [...]

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Overturning Stoneridge

August 6, 2009

Assume XYZ Corp. enters into sham agreements with ABC Corp. in order to bolster XYZ's bottom line.  Under the sham agreements, XYZ pays an additional $20 per widget purchased from ABC, and ABC then returns that $20 to XYZ under the guise of purchasing advertising.  XYZ then books the $20 as advertising revenue, creating the [...]

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You Know It When You See It

June 9, 2009

On Monday, June 8th, the United States Supreme Court, in a 5 to 4 decision, decided that a judge must recuse [remove] himself or herself in the unusual case where a litigant spent a large amount of money to get that judge elected.  In Caperton v. A.T. Massey Coal Co., Justice Kennedy wrote that under [...]

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The "Don't Ask – Don't Tell" Non-Decision of the Supreme Court

June 9, 2009

     Yesterday the Supreme Court denied certiorari to the case of James Pietrangelo who was appealing from a decision of the First Circuit Court of Appeals.  Here are reports of that decision from the Akron Beacon Journal, Time Magazine, and Yahoo News.  The Beacon Journal account comes closest to capturing the real meaning of this decision.

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