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  • Commentaries
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U.S. Supreme Court Case Commentaries

Remanding South Florida Water Management District v. Miccosukee Tribe: Redefining Point Source Discharges under the Clean Water Act

Remanding South Florida Water Management District v. Miccosukee Tribe: Redefining Point Source Discharges under the Clean Water Act

Date: Mar 24, 2004
Remanding South Florida Water Management District v. Miccosukee Tribe: Redefining Point Source Discharges under the Clean Water Act Introduction In South Florida Water Management District v....
Friendship and Official Action: The Scalia v. Cheney Decision on Judicial Recusal

Friendship and Official Action: The Scalia v. Cheney Decision on Judicial Recusal

Date: Mar 19, 2004
Friendship and Official Action: The Scalia v. Cheney Decision on Judicial Recusal Introduction In the landmark case Cheney, Vice President of the United States, et al. v. United States District Court...
Crawford v. Washington: Reinforcing the Confrontation Clause in Testimonial Evidence

Crawford v. Washington: Reinforcing the Confrontation Clause in Testimonial Evidence

Date: Mar 9, 2004
Crawford v. Washington: Reinforcing the Confrontation Clause in Testimonial Evidence Introduction Crawford v. Washington (541 U.S. 36, 2004) is a landmark decision by the United States Supreme Court...
Clarifying the Sixth Amendment: Supreme Court Determines Specific Admonitions Unnecessary for Waiver of Counsel at Plea Stage

Clarifying the Sixth Amendment: Supreme Court Determines Specific Admonitions Unnecessary for Waiver of Counsel at Plea Stage

Date: Mar 9, 2004
Clarifying the Sixth Amendment: Supreme Court Determines Specific Admonitions Unnecessary for Waiver of Counsel at Plea Stage Introduction Iowa v. Tovar, 541 U.S. 77 (2004), is a landmark United...
ERISA Recognizes Working Owners as Participants: New Precedent in Yates v. Hendon

ERISA Recognizes Working Owners as Participants: New Precedent in Yates v. Hendon

Date: Mar 3, 2004
ERISA Recognizes Working Owners as Participants: New Precedent in Yates v. Hendon Introduction The case of Raymond B. Yates, M.D., P.C. Profit Sharing Plan, et al. v. Hendon, Trustee (541 U.S. 1,...
BALDWIN v. REESE: Defining 'Fair Presentation' for Federal Habeas Claims

BALDWIN v. REESE: Defining 'Fair Presentation' for Federal Habeas Claims

Date: Mar 3, 2004
BALDWIN v. REESE: Defining 'Fair Presentation' for Federal Habeas Claims Introduction BALDWIN v. REESE (541 U.S. 27, 2004) is a pivotal United States Supreme Court decision that addresses the...
Muhammad v. Close: Clarifying §1983 Limitations in Prison Disciplinary Actions

Muhammad v. Close: Clarifying §1983 Limitations in Prison Disciplinary Actions

Date: Feb 26, 2004
Muhammad v. Close: Clarifying §1983 Limitations in Prison Disciplinary Actions Introduction Muhammad, aka Mease v. Close is a landmark decision by the U.S. Supreme Court rendered on February 25,...
Balancing Free Exercise and Establishment Clauses: Washington v. Davey

Balancing Free Exercise and Establishment Clauses: Washington v. Davey

Date: Feb 26, 2004
Balancing Free Exercise and Establishment Clauses: Washington v. Davey Introduction Washington v. Davey (540 U.S. 712, 2004) is a pivotal Supreme Court decision that addresses the delicate interplay...
United States Postal Service Immunity Under Antitrust Laws: Analyzing USPS v. Flamingo Industries

United States Postal Service Immunity Under Antitrust Laws: Analyzing USPS v. Flamingo Industries

Date: Feb 26, 2004
United States Postal Service Immunity Under Antitrust Laws: Analyzing USPS v. Flamingo Industries Introduction United States Postal Service v. Flamingo Industries (USA) Ltd. et al., 540 U.S. 736...
Supreme Court Expands 'Accident' Definition to Include Carrier Inaction Under Warsaw Convention

Supreme Court Expands 'Accident' Definition to Include Carrier Inaction Under Warsaw Convention

Date: Feb 25, 2004
Supreme Court Expands 'Accident' Definition to Include Carrier Inaction Under Warsaw Convention Introduction In Olympic Airways v. Husain, 540 U.S. 644 (2004), the United States Supreme Court...
General Dynamics Land Systems, Inc. v. Cline: ADEA Limits Age Discrimination Claims to Protect Older Workers

General Dynamics Land Systems, Inc. v. Cline: ADEA Limits Age Discrimination Claims to Protect Older Workers

Date: Feb 25, 2004
General Dynamics Land Systems, Inc. v. Cline: ADEA Limits Age Discrimination Claims to Protect Older Workers Introduction General Dynamics Land Systems, Inc. v. Cline et al., 540 U.S. 581 (2004), was...
Requirement of Actual Damages for Privacy Act Violations – DOE v. CHAO

Requirement of Actual Damages for Privacy Act Violations – DOE v. CHAO

Date: Feb 25, 2004
Requirement of Actual Damages for Privacy Act Violations – DOE v. CHAO Introduction DOE v. CHAO, Secretary of Labor, 540 U.S. 614 (2004), is a pivotal United States Supreme Court case that clarified...
Enforcing the Particularity Requirement: Groh v. Ramirez and the Limits of Qualified Immunity

Enforcing the Particularity Requirement: Groh v. Ramirez and the Limits of Qualified Immunity

Date: Feb 25, 2004
Enforcing the Particularity Requirement: Groh v. Ramirez and the Limits of Qualified Immunity Introduction Groh v. Ramirez et al. (540 U.S. 551) is a landmark decision by the United States Supreme...
Revelation of Prosecutorial Concealment in Brady Claims: An Analysis of Banks v. Dretke

Revelation of Prosecutorial Concealment in Brady Claims: An Analysis of Banks v. Dretke

Date: Feb 25, 2004
Revelation of Prosecutorial Concealment in Brady Claims: An Analysis of Banks v. Dretke Introduction Banks v. Dretke, 540 U.S. 668 (2004), marks a significant Supreme Court decision addressing the...
Bad Faith Requirement in Preservation of Potentially Useful Evidence: Insights from ILLINOIS v. FISHER

Bad Faith Requirement in Preservation of Potentially Useful Evidence: Insights from ILLINOIS v. FISHER

Date: Feb 24, 2004
Bad Faith Requirement in Preservation of Potentially Useful Evidence: Insights from ILLINOIS v. FISHER 1. Introduction ILLINOIS v. FISHER (540 U.S. 544, 2004) is a pivotal Supreme Court decision that...
Deliberate Elicitation and Sixth Amendment Rights: Insights from Fellers v. United States

Deliberate Elicitation and Sixth Amendment Rights: Insights from Fellers v. United States

Date: Jan 27, 2004
Deliberate Elicitation and Sixth Amendment Rights: Insights from Fellers v. United States Introduction Fellers v. United States, 540 U.S. 519 (2004), is a landmark Supreme Court decision that...
Limiting Chapter 7 Attorney Fee Awards to §327-Appointed Attorneys: Lamie v. United States Trustee

Limiting Chapter 7 Attorney Fee Awards to §327-Appointed Attorneys: Lamie v. United States Trustee

Date: Jan 27, 2004
Limiting Chapter 7 Attorney Fee Awards to §327-Appointed Attorneys: Lamie v. United States Trustee Introduction Lamie v. United States Trustee is a pivotal Supreme Court case decided on January 26,...
Alaska DEC v. EPA: Supreme Court Affirms EPA Oversight of State BACT Determinations under Clean Air Act

Alaska DEC v. EPA: Supreme Court Affirms EPA Oversight of State BACT Determinations under Clean Air Act

Date: Jan 22, 2004
Alaska DEC v. EPA: Supreme Court Affirms EPA Oversight of State BACT Determinations under Clean Air Act Introduction Alaska Department of Environmental Conservation v. Environmental Protection...
Eleventh Amendment Does Not Bar Enforcement of Federal Consent Decrees: Comprehensive Analysis of FREW v. HAWKINS

Eleventh Amendment Does Not Bar Enforcement of Federal Consent Decrees: Comprehensive Analysis of FREW v. HAWKINS

Date: Jan 15, 2004
Eleventh Amendment Does Not Bar Enforcement of Federal Consent Decrees: Comprehensive Analysis of FREW v. HAWKINS Introduction FREW, ON BEHALF OF HER DAUGHTER, FREW, ET AL. v. HAWKINS, COMMISSIONER,...
Forfeiture of Time-Barred Claims in Bankruptcy Proceedings: Kontrick v. Ryan

Forfeiture of Time-Barred Claims in Bankruptcy Proceedings: Kontrick v. Ryan

Date: Jan 15, 2004
Forfeiture of Time-Barred Claims in Bankruptcy Proceedings: Kontrick v. Ryan Introduction Kontrick v. Ryan, 540 U.S. 443 (2004), is a seminal United States Supreme Court case that addresses the...
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