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U.S. Supreme Court Hears Copyright "First Sale" Case Today

November 8, 2010

Today, the U.S. Supreme Court is hearing oral arguments in Costco Wholesale Corporation v. Omega, S.A., an important copyright case involving the first sale doctrine and whether this doctrine applies to copyrighted works that are produced abroad. The facts are fairly straightforward.  Omega is a watch company that manufactures watches in Switzerland.  Omega owns a […]

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Oral Argument in NASA v. Nelson, the Informational Privacy Case

October 10, 2010

     Last Wednesday the Supreme Court heard oral arguments in NASA v. Nelson, in which employees of the Jet Propulsion Laboratory have challenged the authority of the government to ask certain questions in order to obtain clearance to work.  Soliciter General Neal Katyal represented the government, and attorney Dan Stormer represented the employees.  Here is a […]

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Oral Argument in Snyder v. Phelps, the Military Funeral Protester Case

October 9, 2010

     On Wednesday, the Supreme Court heard oral argument in the case of Snyder v. Phelps, in which the parents of Lance Corporal Matthew Snyder sued the Westboro Baptist Church and members of the Phelps family for their outrageous behavior during Matthew's funeral.  This case presents several difficult questions under the First Amendment, and the […]

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Two Significant Supreme Court Decisions Handed Down Today: McDonald v. Chicago, and Christian Legal Society v. Martinez

June 28, 2010

     The Supreme Court handed down two significant constitutional decisions today: McDonald v. Chicago (striking down a Chicago ordinance banning private possession of handguns), and Christian Legal Society v. Martinez (ruling that a public university may require student student organizations to admit all applicants on a nondiscriminatory basis to qualify for official recognition and support).

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Birthright Citizenship Act of 2009

June 25, 2010

     Representative Nathan Deal (R-GA) submitted a bill – the Birthright Citizenship Act of 2009 – that would change the law so that children born in this country whose parents are undocumented immigrants would not be considered citizens of the United States.  In my opinion this law would be unconstitutional under 14th Amendment and the […]

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Resources on Supreme Court Nominee Elena Kagan

May 14, 2010

From the Law Library of Congress: âTo serve congressional and public requests for resources pertaining to this historic nomination, the Law Library of Congress has developed a web site on Kagan here.â Visit their site to read articles written by Elena Kagan, transcripts of her oral arguments before the U.S. Supreme Court and various web […]

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Elena Kagan, the Solomon Amendment, and "Don't Ask, Don't Tell"

May 13, 2010

     This posting discusses Supreme Court nominee Elena Kagan's statements and actions with respect to employment interviews for the military at Harvard Law School.

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Elena Kagan on "Presidential Administration"

May 11, 2010

     In a previous posting I described Elena Kagan's belief that Supreme Court nominees should be willing to discuss the positions they would take as justices on constitutional issues.  This post describes her position on the power of the President to direct the action of administrative agencies.

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Elena Kagan on the Confirmation Process

April 14, 2010

     Elena Kagan, who was Dean of Harvard Law School and who is currently serving as Soliciter General of the United States, is frequently mentioned as one of the leading candidates to be nominated to succeed John Paul Stevens on the Supreme Court.  Her nomination would guarantee us a summer filled with either a vigorous, wide-ranging, and stimulating discussion […]

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Justice Stevens' Approach to Constitutional Analysis

April 11, 2010

     Although he was appointed by a Republican President (Gerald Ford), Justice John Paul Stevens has come to be acknowledged as the leader of the liberal wing of the Supreme Court.  In part this has occurred because the Court itself has become more conservative, and in part because Stevens developed a uniquely powerful approach to the interpretation […]

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Adam Liptak – Supreme Court Correspondent, The New York Times

April 1, 2010

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

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More Access to the Federal Courts

March 26, 2010

 The new and improved Supreme Court web site and more access to Federal Court documents The United States Supreme Court web site underwent a badly needed facelift making it more user-friendly.  âThe site continues to provide online access to the Court's slip opinions, orders, oral argument transcripts, schedules, Court rules, bar admission forms, and other […]

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