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  • Commentaries
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U.S. Supreme Court Case Commentaries

Missouri v. Jenkins: Enhancing Attorney's Fees Under §1988 Against States

Missouri v. Jenkins: Enhancing Attorney's Fees Under §1988 Against States

Date: Jun 20, 1989
Missouri v. Jenkins: Enhancing Attorney's Fees Under §1988 Against States Introduction In Missouri et al. v. Jenkins, by Her Friend, Agyei, et al. (491 U.S. 274, 1989), the United States Supreme...
Ceding Commissions in Indemnity Reinsurance Must Be Amortized: Colonial American Life Insurance Co. v. Commissioner of Internal Revenue

Ceding Commissions in Indemnity Reinsurance Must Be Amortized: Colonial American Life Insurance Co. v. Commissioner of Internal Revenue

Date: Jun 16, 1989
Ceding Commissions in Indemnity Reinsurance Must Be Amortized: Colonial American Life Insurance Co. v. Commissioner of Internal Revenue Introduction Colonial American Life Insurance Co. v....
Upholding the Presumption of Legitimacy: The Supreme Court's Affirmation of Cal. Evid. Code § 621 in MICHAEL H. v. GERALD D.

Upholding the Presumption of Legitimacy: The Supreme Court's Affirmation of Cal. Evid. Code § 621 in MICHAEL H. v. GERALD D.

Date: Jun 16, 1989
Upholding the Presumption of Legitimacy: The Supreme Court's Affirmation of Cal. Evid. Code § 621 in MICHAEL H. v. GERALD D. Introduction The Supreme Court case Michael H. et al. v. Gerald D. (491...
PATTERSON v. McLEAN CREDIT UNION: Defining the Scope of §1981 in Employment Discrimination

PATTERSON v. McLEAN CREDIT UNION: Defining the Scope of §1981 in Employment Discrimination

Date: Jun 16, 1989
PATTERSON v. McLEAN CREDIT UNION: Defining the Scope of §1981 in Employment Discrimination Introduction PATTERSON v. McLEAN CREDIT UNION (491 U.S. 164, 1989) is a landmark decision by the United...
States' Eleventh Amendment Immunity Upheld in Education of the Handicapped Act Case

States' Eleventh Amendment Immunity Upheld in Education of the Handicapped Act Case

Date: Jun 16, 1989
States' Eleventh Amendment Immunity Upheld in Education of the Handicapped Act Case Introduction Dellmuth, Acting Secretary of Education of Pennsylvania v. Muth et al., 491 U.S. 223 (1989), is a...
States Excluded as 'Persons' under 42 U.S.C. § 1983: A Comprehensive Commentary on Will v. Michigan Department of State Police (1989)

States Excluded as 'Persons' under 42 U.S.C. § 1983: A Comprehensive Commentary on Will v. Michigan Department of State Police (1989)

Date: Jun 16, 1989
States Excluded as 'Persons' under 42 U.S.C. § 1983: A Comprehensive Commentary on Will v. Michigan Department of State Police (1989) Introduction The Supreme Court case Will v. Michigan Department...
Presumptions in Criminal Law: The Carella v. California Decision

Presumptions in Criminal Law: The Carella v. California Decision

Date: Jun 16, 1989
Presumptions in Criminal Law: The Carella v. California Decision Introduction Carella v. California, 491 U.S. 263 (1989), is a landmark decision by the United States Supreme Court that significantly...
Quinn v. Millsap: Property Ownership Requirements for Government Boards Subject to Equal Protection

Quinn v. Millsap: Property Ownership Requirements for Government Boards Subject to Equal Protection

Date: Jun 16, 1989
Quinn v. Millsap: Property Ownership Requirements for Government Boards Subject to Equal Protection Introduction Quinn et al. v. Millsap et al. (491 U.S. 95, 1989) is a landmark United States Supreme...
Abrogation of State Sovereign Immunity under CERCLA: Insights from Pennsylvania v. Union Gas Co.

Abrogation of State Sovereign Immunity under CERCLA: Insights from Pennsylvania v. Union Gas Co.

Date: Jun 16, 1989
Abrogation of State Sovereign Immunity under CERCLA: Insights from Pennsylvania v. Union Gas Co. Introduction Pennsylvania v. Union Gas Co. (491 U.S. 1, 1989) is a landmark decision by the United...
Imposition of Sales and Use Tax on Bankruptcy Liquidation Sales: California State Board of Equalization v. Sierra Summit, Inc.

Imposition of Sales and Use Tax on Bankruptcy Liquidation Sales: California State Board of Equalization v. Sierra Summit, Inc.

Date: Jun 13, 1989
Imposition of Sales and Use Tax on Bankruptcy Liquidation Sales: California State Board of Equalization v. Sierra Summit, Inc. Introduction The case of California State Board of Equalization v....
Nonparties May Challenge Employment Decisions Under Consent Decrees: Insights from Martin v. Wilks

Nonparties May Challenge Employment Decisions Under Consent Decrees: Insights from Martin v. Wilks

Date: Jun 13, 1989
Nonparties May Challenge Employment Decisions Under Consent Decrees: Insights from Martin v. Wilks Introduction The landmark Supreme Court case, Martin et al. v. Wilks et al., 490 U.S. 755 (1989),...
Seniority System Discrimination: Lorance v. AT&T Technologies

Seniority System Discrimination: Lorance v. AT&T Technologies

Date: Jun 13, 1989
Seniority System Discrimination: Lorance v. AT&T Technologies Introduction Lorance et al. v. AT&T Technologies, Inc., et al. is a pivotal 1989 U.S. Supreme Court case that addressed the complexities...
Gomez v. United States: Limits on Magistrate Judges' Jury Selection Duties in Felony Trials

Gomez v. United States: Limits on Magistrate Judges' Jury Selection Duties in Felony Trials

Date: Jun 13, 1989
Gomez v. United States: Limits on Magistrate Judges' Jury Selection Duties in Felony Trials Introduction Gomez v. United States, 490 U.S. 858 (1989), is a landmark United States Supreme Court case...
Limiting Prosecutorial Comments on Victim Characteristics in Capital Sentencing: South Carolina v. Gathers

Limiting Prosecutorial Comments on Victim Characteristics in Capital Sentencing: South Carolina v. Gathers

Date: Jun 13, 1989
Limiting Prosecutorial Comments on Victim Characteristics in Capital Sentencing: South Carolina v. Gathers Introduction South Carolina v. Gathers, 490 U.S. 805 (1989), is a pivotal decision by the...
Expanded Authority of Appellate Courts in Managing Diversity Jurisdiction: Newman-Green v. Alfonzo-Larrain

Expanded Authority of Appellate Courts in Managing Diversity Jurisdiction: Newman-Green v. Alfonzo-Larrain

Date: Jun 13, 1989
Expanded Authority of Appellate Courts in Managing Diversity Jurisdiction: NEWMAN-GREEN, INC. v. ALFONZO-LARRAIN ET AL. Introduction NEWMAN-GREEN, INC. v. ALFONZO-LARRAIN ET AL. is a landmark...
Overruling Simpson v. Rice: Alabama v. Smith Redefines the Pearce Presumption of Vindictiveness in Sentencing After Guilty Pleas

Overruling Simpson v. Rice: Alabama v. Smith Redefines the Pearce Presumption of Vindictiveness in Sentencing After Guilty Pleas

Date: Jun 13, 1989
Overruling Simpson v. Rice: Alabama v. Smith Redefines the Pearce Presumption of Vindictiveness in Sentencing After Guilty Pleas Introduction Alabama v. Smith (490 U.S. 794, 1989) marks a pivotal...
Extension of EAJA Fee Awards to Administrative Proceedings on Remand: Sullivan v. Hudson

Extension of EAJA Fee Awards to Administrative Proceedings on Remand: Sullivan v. Hudson

Date: Jun 13, 1989
Extension of EAJA Fee Awards to Administrative Proceedings on Remand: Sullivan v. Hudson Introduction Sullivan, Secretary of Health and Human Services v. Hudson (490 U.S. 877, 1989) is a landmark...
Clarifying "Work Made for Hire": COMMUNITY FOR CREATIVE NON-VIOLENCE v. REID and the Employee-Independent Contractor Distinction in Copyright Law

Clarifying "Work Made for Hire": COMMUNITY FOR CREATIVE NON-VIOLENCE v. REID and the Employee-Independent Contractor Distinction in Copyright Law

Date: Jun 6, 1989
Clarifying "Work Made for Hire": COMMUNITY FOR CREATIVE NON-VIOLENCE v. REID and the Employee-Independent Contractor Distinction in Copyright Law Introduction The Supreme Court case Community for...
ERISA §4044(a) Allocations Do Not Create New Benefit Entitlements

ERISA §4044(a) Allocations Do Not Create New Benefit Entitlements

Date: Jun 6, 1989
ERISA §4044(a) Allocations Do Not Create New Benefit Entitlements Introduction In the landmark case Mead Corp. v. Tilley et al., the United States Supreme Court addressed a complex issue under the...
Refining Disparate-Impact Analysis: Wards Cove Packing Co. v. Atonio Sets New Precedent for Title VII Claims

Refining Disparate-Impact Analysis: Wards Cove Packing Co. v. Atonio Sets New Precedent for Title VII Claims

Date: Jun 6, 1989
Refining Disparate-Impact Analysis: Wards Cove Packing Co. v. Atonio Sets New Precedent for Title VII Claims Introduction The landmark Supreme Court case Wards Cove Packing Co., Inc., et al. v....
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