U.S. Supreme Court Case Commentaries

Fixed Buffer Zones Upheld, Floating Buffer Zones Struck Down under First Amendment in SCHENCK v. Pro-Choice Network of Western New York ET AL.

Date: Feb 20, 1997

Fixed Buffer Zones Upheld, Floating Buffer Zones Struck Down under First Amendment in SCHENCK v. Pro-Choice Network of Western New York ET AL. Introduction SCHENCK ET AL. v. PRO-CHOICE NETWORK OF...

Retroactive Cancellation of Early Release Credits Violates Ex Post Facto Clause

Date: Feb 20, 1997

Retroactive Cancellation of Early Release Credits Violates Ex Post Facto Clause Introduction LYNCE v. MATHIS, SUPERINTENDENT, TOMOKA CORRECTIONAL INSTITUTION, ET AL. (519 U.S. 433, 1997) The case of...

Eleventh Amendment Immunity Unaffected by Third-Party Indemnification: Regents v. Doe

Date: Feb 20, 1997

Eleventh Amendment Immunity Unaffected by Third-Party Indemnification: Regents of the University of California v. Doe Introduction Regents of the University of California v. Doe (519 U.S. 425, 1997)...

Expansion of Anti-Retaliation Protections Under Title VII: Robinson v. Shell Oil Co.

Date: Feb 19, 1997

Expansion of Anti-Retaliation Protections Under Title VII: Robinson v. Shell Oil Co. Introduction Robinson v. Shell Oil Co. is a landmark decision by the United States Supreme Court that...

Defining "Person Entitled to Compensation" and Agency Standing in Workers' Compensation Law

Date: Feb 19, 1997

Defining "Person Entitled to Compensation" and Agency Standing in Workers' Compensation Law Introduction Ingalls Shipbuilding, Inc., et al. v. Director, Office of Workers' Compensation Programs,...

No Equitable Tolling for § 6511 Tax Refund Claims: Commentary on United States v. Brockamp

Date: Feb 19, 1997

No Equitable Tolling for § 6511 Tax Refund Claims: Commentary on United States v. Brockamp Introduction United States v. Brockamp, Administrator of the Estate of McGill, Deceased, 519 U.S. 347...

Supreme Court Upholds California's Prevailing Wage Law Against ERISA Preemption

Date: Feb 19, 1997

Supreme Court Upholds California's Prevailing Wage Law Against ERISA Preemption Introduction The landmark case California Division of Labor Standards Enforcement et al. v. Dillingham Construction,...

Standing and Differential Taxation under the Commerce and Equal Protection Clauses: Insights from General Motors Corp. v. Tracy

Date: Feb 19, 1997

Standing and Differential Taxation under the Commerce and Equal Protection Clauses: Insights from General Motors Corp. v. Tracy Introduction The case of General Motors Corp. v. Tracy, Tax...

Supreme Court Reaffirms Unconstitutionality of Amended §207 of the Indian Land Consolidation Act

Date: Jan 22, 1997

Supreme Court Reaffirms Unconstitutionality of Amended §207 of the Indian Land Consolidation Act Introduction The case of Babbitt, Secretary of the Interior, et al. v. Youpee et al., decided by the...

Payroll Method Affirmed: Defining 'Employer' Under Title VII in Walters v. Metropolitan Educational Enterprises

Date: Jan 15, 1997

Payroll Method Affirmed: Defining 'Employer' Under Title VII in Walters v. Metropolitan Educational Enterprises Introduction Walters v. Metropolitan Educational Enterprises, Inc., et al. is a seminal...

State Law Governs Directors' Liability in Federally Insured Savings Banks, Upholding Gross Negligence Floor Under §1821(k)

Date: Jan 15, 1997

State Law Governs Directors' Liability in Federally Insured Savings Banks, Upholding Gross Negligence Floor Under §1821(k) Introduction In Atherton v. Federal Deposit Insurance Corporation, as...

Old Chief v. United States: Reining in the Use of Prior Conviction Evidence to Prevent Unfair Prejudice

Date: Jan 8, 1997

Old Chief v. United States: Reining in the Use of Prior Conviction Evidence to Prevent Unfair Prejudice Introduction Old Chief v. United States, 519 U.S. 172 (1997), is a landmark decision by the...

Sentencing Consideration of Acquitted Conduct: Insights from United States v. Watts

Date: Jan 7, 1997

Sentencing Consideration of Acquitted Conduct: Insights from United States v. Watts Introduction United States v. Watts (519 U.S. 148, 1997) is a landmark decision by the U.S. Supreme Court that...

M.L.B. v. S.L.J.: Ensuring Equal Access to Parental Termination Appeals

Date: Dec 17, 1996

M.L.B. v. S.L.J.: Ensuring Equal Access to Parental Termination Appeals Introduction M.L.B. v. S.L.J., Individually and as Next Friend of the Minor Children, S.L.J. and M.L.J., et ux. (519 U.S. 102)...

Complete Diversity at Judgment Time Validates Federal Adjudication in Caterpillar Inc. v. Lewis

Date: Dec 11, 1996

Complete Diversity at Judgment Time Validates Federal Adjudication in Caterpillar Inc. v. Lewis Introduction Caterpillar Inc. v. Lewis, 519 U.S. 61 (1996), is a significant decision by the United...

O'GILVIE v. United States: Clarifying the Taxability of Punitive Damages in Personal Injury Litigation

Date: Dec 11, 1996

O'GILVIE v. United States: Clarifying the Taxability of Punitive Damages in Personal Injury Litigation Introduction O'GILVIE ET AL., MINORS v. UNITED STATES, 519 U.S. 79 (1996), is a pivotal Supreme...

Voluntariness of Consent to Search Not Dependent on Advising Free to Go: Comprehensive Commentary on Ohio v. Robinette

Date: Nov 19, 1996

Voluntariness of Consent to Search Not Dependent on Advising Free to Go: Comprehensive Commentary on Ohio v. Robinette Introduction Ohio v. Robinette, 519 U.S. 33 (1996), is a seminal United States...

INS v. Yang: Expanding the Scope of Fraud Considerations in Waiver of Deportation

Date: Nov 14, 1996

INS v. Yang: Expanding the Scope of Fraud Considerations in Waiver of Deportation Introduction Immigration and Naturalization Service (INS) v. Yueh-Shaio Yang, 519 U.S. 26 (1996), represents a...

Preclearance Requirements Under the Voting Rights Act: Insights from Lopez v. Monterey County

Date: Nov 7, 1996

Preclearance Requirements Under the Voting Rights Act: Insights from Lopez et al. v. Monterey County Introduction Lopez et al. v. Monterey County, California, et al., 519 U.S. 9 (1996), is a...

Harmless Error Standard in Habeas Corpus: California et al. v. Roy

Date: Nov 5, 1996

Harmless Error Standard in Habeas Corpus: California et al. v. Roy Introduction California et al. v. Roy, 519 U.S. 2 (1996), is a pivotal U.S. Supreme Court case that addresses the standards applied...

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