U.S. Supreme Court Case Commentaries

Interest Accrual on Withdrawal Charge Begins on First Day of Plan Year Following Withdrawal: Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Co.

Date: Feb 22, 1995

Interest Accrual on Withdrawal Charge Begins on First Day of Plan Year Following Withdrawal: Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Co. Introduction Milwaukee Brewery...

O'Neal v. McAninch: Reevaluating Harmless Error in Federal Habeas Corpus Petitions

Date: Feb 22, 1995

O'Neal v. McAninch: Reevaluating Harmless Error in Federal Habeas Corpus Petitions Introduction O'Neal v. McAninch, 513 U.S. 432 (1995) marks a pivotal moment in the interpretation of harmless error...

Amtrak as Government Entity: Constitutional Implications for First Amendment Protections

Date: Feb 22, 1995

Amtrak as Government Entity: Constitutional Implications for First Amendment Protections Introduction In LeBron v. National Railroad Passenger Corporation (Amtrak), the petitioner, Michael A. Lebron,...

SCHLUP v. DELO: Establishing the Carrier Standard for Actual Innocence in Habeas Corpus Petitions

Date: Jan 24, 1995

SCHLUP v. DELO: Establishing the Carrier Standard for Actual Innocence in Habeas Corpus Petitions Introduction SCHLUP v. DELO (513 U.S. 298, 1995) is a landmark decision by the United States Supreme...

Exhaustion of State Remedies in Federal Habeas Corpus: Duncan v. Henry

Date: Jan 24, 1995

Exhaustion of State Remedies in Federal Habeas Corpus: Duncan v. Henry Introduction Duncan, Warden v. Henry, 513 U.S. 364 (1995), is a pivotal United States Supreme Court decision that addressed the...

After-Acquired Evidence and ADEA Remedies: McKENNON v. NASHVILLE BANNER PUBLISHING CO.

Date: Jan 24, 1995

After-Acquired Evidence and ADEA Remedies: McKENNON v. NASHVILLE BANNER PUBLISHING CO. Introduction McKENNON v. NASHVILLE BANNER PUBLISHING CO. is a landmark Supreme Court decision that addresses the...

Strict Interpretation of PVPA §2543: Selling Seed Only for Replanting Purposes

Date: Jan 19, 1995

Strict Interpretation of PVPA §2543: Selling Seed Only for Replanting Purposes 1. Introduction The Supreme Court case Asgrow Seed Company v. Denny Winterboer and Becky Winterboer, DBA DeeBee's...

ADA Preemption Clarified: Enforcing Airline Frequent Flyer Contracts vs. State Consumer Fraud Regulations

Date: Jan 19, 1995

ADA Preemption Clarified: Enforcing Airline Frequent Flyer Contracts vs. State Consumer Fraud Regulations Introduction The landmark case American Airlines, Inc. v. Wolens, decided by the U.S. Supreme...

Enforceability of Waivers in Plea Discussions: United States v. Gary Mezzanatto Commentary

Date: Jan 19, 1995

Enforceability of Waivers in Plea Discussions: United States v. Gary Mezzanatto Commentary Introduction United States v. Gary Mezzanatto, 513 U.S. 196 (1995), stands as a pivotal Supreme Court...

Broad Interpretation of Federal Arbitration Act Reinforces Interstate Commerce Clause

Date: Jan 19, 1995

Broad Interpretation of Federal Arbitration Act Reinforces Interstate Commerce Clause Introduction The case of ALLIED-BRUCE TERMINIX COMPANIES, INC., AND TERMINIX INTERNATIONAL COMPANY, PETITIONERS...

National Banks as Agents in Annuity Sales: A New Precedent

Date: Jan 19, 1995

National Banks as Agents in Annuity Sales: A New Precedent Introduction In the landmark case NationsBank of North Carolina, N.A., et al. v. Variable Annuity Life Insurance Co. et al., the United...

Interstate Commerce Commission v. Transcon Lines: Upholding ICC Enforcement Authority Over Filed Rate Doctrine

Date: Jan 11, 1995

Interstate Commerce Commission v. Transcon Lines: Upholding ICC Enforcement Authority Over Filed Rate Doctrine Introduction Interstate Commerce Commission v. Transcon Lines (513 U.S. 138, 1995) is a...

Tome v. United States: Prior Consistent Statements Must Predate Alleged Motive

Date: Jan 11, 1995

Tome v. United States: Prior Consistent Statements Must Predate Alleged Motive Introduction Matthew Wayne Tome v. United States, 513 U.S. 150 (1995), is a pivotal Supreme Court case that refined the...

States May Tax Interest from Repurchase Agreements Involving Federal Securities: Loewenstein v. Nebraska Department of Revenue

Date: Dec 13, 1994

States May Tax Interest from Repurchase Agreements Involving Federal Securities: Loewenstein v. Nebraska Department of Revenue Introduction In Loewenstein v. Nebraska Department of Revenue, the U.S....

Section 1151 of the Veterans' Benefits Statute: No Fault Requirement Established

Date: Dec 13, 1994

Section 1151 of the Veterans' Benefits Statute: No Fault Requirement Established Introduction In the landmark case of Jesse Brown, Secretary of Veterans Affairs, Petitioner v. Fred P. Gardner, 513...

Limitation on FEC's Authority to Independently Petition the Supreme Court: Analysis of FEC v. NRA Political Victory Fund

Date: Dec 7, 1994

Limitation on FEC's Authority to Independently Petition the Supreme Court: Analysis of FEC v. NRA Political Victory Fund Introduction The landmark Supreme Court case Federal Election Commission (FEC)...

REICH v. COLLINS: Establishing Protections Against Retroactive Tax Amendments

Date: Dec 7, 1994

REICH v. COLLINS: Establishing Protections Against Retroactive Tax Amendments Introduction REICH v. COLLINS, Revenue Commissioner of Georgia, et al. (513 U.S. 106, 1994) is a landmark Supreme Court...

United States v. X-Citement Video, Inc.: Affirming Scienter Requirement for Performer Age in Child Pornography Law

Date: Nov 30, 1994

United States v. X-Citement Video, Inc.: Affirming Scienter Requirement for Performer Age in Child Pornography Law Introduction United States v. X-Citement Video, Inc., et al. is a landmark 1994...

Supreme Court Establishes PATH is Not Protected by Eleventh Amendment Immunity in Hess v. Port Authority Trans-Hudson Corporation

Date: Nov 15, 1994

Supreme Court Establishes PATH is Not Protected by Eleventh Amendment Immunity in Hess v. Port Authority Trans-Hudson Corporation Introduction In Hess and Walsh v. Port Authority Trans-Hudson...

Supreme Court Clarifies Vacatur Limitations in Moot Cases Arising from Settlement

Date: Nov 9, 1994

Supreme Court Clarifies Vacatur Limitations in Moot Cases Arising from Settlement Introduction In the landmark case U.S. Bancorp Mortgage Company v. Bonner Mall Partnership, 513 U.S. 18 (1994), the...

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