U.S. Supreme Court Case Commentaries

Supreme Court Aligns IOIA Immunity for International Organizations with Modern FSIA Standards

Date: Feb 28, 2019

Supreme Court Aligns IOIA Immunity for International Organizations with Modern FSIA Standards Introduction The landmark case Budha Ismail Jam, et al. v. International Finance Corporation (139 S. Ct....

Presumption of Prejudice in Ineffective Assistance of Counsel Regardless of Appeal Waivers: Garza v. Idaho

Date: Feb 28, 2019

Presumption of Prejudice in Ineffective Assistance of Counsel Regardless of Appeal Waivers: Garza v. Idaho Introduction Gilberto Garza, Jr. v. Idaho is a landmark 2019 decision by the United States...

Nutraceutical v. Lambert: Strict Enforcement of Federal Rule 23(f) Without Equitable Tolling

Date: Feb 27, 2019

Nutraceutical v. Lambert: Strict Enforcement of Federal Rule 23(f) Without Equitable Tolling Introduction The Supreme Court case NUTRACEUTICAL CORPORATION v. TROY LAMBERT (139 S. Ct. 710, 2019)...

Supreme Court Rules Against Counting Votes of Deceased Judges in En Banc Decisions

Date: Feb 26, 2019

Supreme Court Rules Against Counting Votes of Deceased Judges in En Banc Decisions Introduction In the landmark case Jim Yovino, Fresno County Superintendent of Schools v. Aileen Rizo (139 S. Ct....

West Virginia's Discriminatory Tax on Federal Retirees Violates Intergovernmental Tax Immunity: Dawson v. Steager

Date: Feb 21, 2019

West Virginia's Discriminatory Tax on Federal Retirees Violates Intergovernmental Tax Immunity: Dawson v. Steager Introduction In James Dawson, et ux., Petitioners v. Dale W. Steager, West Virginia...

Incorporation of the Excessive Fines Clause Against the States: Tyson Timbs v. Indiana

Date: Feb 21, 2019

Incorporation of the Excessive Fines Clause Against the States: Tyson Timbs v. Indiana Introduction Tyson Timbs v. Indiana, 141 S. Ct. 682 (2019), is a landmark decision by the United States Supreme...

Supreme Court Establishes Rigorous Standards for Intellectual Disability in Death Penalty Cases: Moore v. Texas

Date: Feb 20, 2019

Supreme Court Establishes Rigorous Standards for Intellectual Disability in Death Penalty Cases: Moore v. Texas Introduction Bobby James Moore v. Texas, 139 S. Ct. 666 (2019), is a landmark decision...

Re-evaluating Defamation Standards for Public Figures: Insights from McKee v. Cosby

Date: Feb 20, 2019

Re-evaluating Defamation Standards for Public Figures: Insights from McKee v. Cosby Introduction In the landmark case Kathrine Mae McKee v. William H. Cosby, Jr. (139 S. Ct. 675), the U.S. Supreme...

Denial of Certiorari in Kennedy v. Bremerton School District: Implications for Free Speech in Education

Date: Jan 23, 2019

Denial of Certiorari in Kennedy v. Bremerton School District: Implications for Free Speech in Education 1. Introduction The case of Joseph A. Kennedy v. Bremerton School District (No. 18–12),...

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA: Broadening the Scope of the On-Sale Bar under the AIA

Date: Jan 23, 2019

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA: Broadening the Scope of the On-Sale Bar under the AIA Introduction Helsinn Healthcare S.A., a Swiss pharmaceutical company, developed a treatment...

Interpreting 'Physical Force' Under ACCA: Stokeling v. United States

Date: Jan 16, 2019

Interpreting 'Physical Force' Under ACCA: Stokeling v. United States Introduction Denard Stokeling v. United States is a pivotal case adjudicated by the U.S. Supreme Court on January 15, 2019. The...

‘Contracts of Employment’ Include Independent Contractors under FAA

Date: Jan 16, 2019

‘Contracts of Employment’ Include Independent Contractors under FAA Introduction The Supreme Court's decision in New Prime Inc. v. Dominic Oliveira (139 S. Ct. 532, 2019) addresses the scope of the...

Distinct Caps for Social Security Attorney Fees: Clarifying §406(a) and §406(b)

Date: Jan 9, 2019

Distinct Caps for Social Security Attorney Fees: Clarifying §406(a) and §406(b) Introduction The case of Richard Allen Culbertson v. Nancy A. Berryhill, decided by the U.S. Supreme Court on January...

Henry Schein Inc. v. Archer & White Sales, Inc.: Supreme Court Upholds Arbitration Delegation

Date: Jan 9, 2019

Henry Schein Inc. v. Archer & White Sales, Inc.: Supreme Court Upholds Arbitration Delegation Introduction In the landmark case of Henry Schein, Inc. v. Archer & White Sales, Inc., the United States...

Supreme Court Limits Reliance on Post-Adjudication Precedents in Habeas Corpus Cases: Shoop v. Hill

Date: Jan 8, 2019

Supreme Court Limits Reliance on Post-Adjudication Precedents in Habeas Corpus Cases: Shoop v. Hill Introduction Shoop v. Hill, 139 S. Ct. 504 (2019), marks a significant moment in the interpretation...

Clarifying Qualified Immunity in Excessive Force Cases: City of Escondido v. Emmons

Date: Jan 8, 2019

Clarifying Qualified Immunity in Excessive Force Cases: City of Escondido v. Emmons Introduction In the landmark case City of Escondido, California, et al. v. Marty Emmons, the United States Supreme...

Donnnie Cleveland Lance v. Eric Sellers, Warden: Establishing the Right to Mitigating Evidence in Death Penalty Cases

Date: Jan 8, 2019

Donnnie Cleveland Lance v. Eric Sellers, Warden: Establishing the Right to Mitigating Evidence in Death Penalty Cases Introduction The Supreme Court case Donnnie Cleveland Lance v. Eric Sellers,...

Impact of Denied Certiorari on Medicaid Recipients' Rights: Analyzing Rebekah Gee v. Planned Parenthood of Gulf Coast

Date: Dec 11, 2018

Impact of Denied Certiorari on Medicaid Recipients' Rights: Analyzing Rebekah Gee v. Planned Parenthood of Gulf Coast Introduction The case of Rebekah Gee, Secretary, Louisiana Department of Health...

Expansion of "Burglary" Under the Armed Career Criminal Act in Stitt v. United States

Date: Dec 11, 2018

Expansion of "Burglary" Under the Armed Career Criminal Act in Stitt v. United States Introduction United States v. Victor J. Stitt, II and United States v. Jason Daniel Sims, decided by the U.S....

Critical Habitat Must Be Genuine Habitat: Insights from Weyerhaeuser Co. v. U.S. Fish & Wildlife Service

Date: Nov 28, 2018

Critical Habitat Must Be Genuine Habitat: Insights from Weyerhaeuser Co. v. U.S. Fish & Wildlife Service Introduction In Weyerhaeuser Company v. United States Fish and Wildlife Service, 139 S. Ct....

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