U.S. Supreme Court Case Commentaries

Supreme Court Declares State Indemnification of Divorced Spouses' Shares of Waived Military Retirement Pay Pre-Empted by Federal Law

Date: May 16, 2017

State Courts Cannot Indemnify Divorced Spouses for Waived Military Retirement Pay: Analysis of Howell v. Howell Introduction In Howell v. Howell, 137 S. Ct. 1400 (2017), the United States Supreme...

Strengthening Sovereign Immunity: FSIA's Expropriation Exception Reinterpreted

Date: May 2, 2017

Strengthening Sovereign Immunity: FSIA's Expropriation Exception Reinterpreted Introduction The case of Bolivarian Republic of Venezuela, et al. v. Helmerich & Payne International Drilling Co., et...

Defining Aggrieved Parties and Proximate Cause under the Fair Housing Act: Insights from Bank of America v. City of Miami

Date: May 2, 2017

Defining Aggrieved Parties and Proximate Cause under the Fair Housing Act: Insights from Bank of America v. City of Miami Introduction In the landmark case of Bank of America Corporation, et al. v....

Limitation of Tribal Sovereign Immunity: Individual Capacity Suits Against Tribal Employees

Date: Apr 26, 2017

Limitation of Tribal Sovereign Immunity: Individual Capacity Suits Against Tribal Employees Introduction In Brian Lewis, et al. v. William Clarke, 581 U.S. 155 (2017), the United States Supreme Court...

Qualified Immunity and Summary Judgment in Excessive Force Claims: Analysis of Salazar-Limon v. City of Houston

Date: Apr 25, 2017

Qualified Immunity and Summary Judgment in Excessive Force Claims: Analysis of Salazar-Limon v. City of Houston 1. Introduction The case of Ricardo Salazar-Limon v. City of Houston, Texas, et al....

Notice of Appeal Requirement for Deferred Restitution Orders: Manrique v. United States

Date: Apr 20, 2017

Notice of Appeal Requirement for Deferred Restitution Orders: Manrique v. United States Introduction Marcelo Manrique v. United States, 137 S. Ct. 1266 (2017), is a pivotal Supreme Court decision...

Nelson v. Colorado: Strengthening Due Process in Refund Procedures for Exonerated Defendants

Date: Apr 20, 2017

Nelson v. Colorado: Strengthening Due Process in Refund Procedures for Exonerated Defendants Introduction A landmark decision by the U.S. Supreme Court addressing the rights of exonerated individuals...

Goodyear Tire Sanctions: Establishing the "But-For" Causation Standard

Date: Apr 19, 2017

Goodyear Tire Sanctions: Establishing the "But-For" Causation Standard Introduction In the landmark case Goodyear Tire & Rubber Company v. Leroy Haeger et al., the United States Supreme Court...

Supremacy of FEHBA's Preemption Clause in Overriding State Subrogation Laws

Date: Apr 19, 2017

Supremacy of FEHBA's Preemption Clause in Overriding State Subrogation Laws Introduction COVENTRY HEALTH CARE OF MISSOURI, INC., FKA GROUP HEALTH PLAN, INC., PETITIONER v. JODIE NEVILS (137 S. Ct....

Supreme Court Clarifies Sentencing Discretion Under 18 U.S.C. §924(c)

Date: Apr 4, 2017

Supreme Court Clarifies Sentencing Discretion Under 18 U.S.C. §924(c) Introduction In the landmark case Levon Dean, Jr. v. United States, the United States Supreme Court addressed the interplay...

Abuse of Discretion Standard Applied to Enforcement of EEOC Subpoenas – McLane v. EEOC

Date: Apr 4, 2017

Abuse of Discretion Standard Applied to Enforcement of EEOC Subpoenas – McLane v. EEOC Introduction The case of McLane Company, Inc. v. Equal Employment Opportunity Commission, 137 S. Ct. 1159...

Supreme Court Remands §518 Surcharge Ban for First Amendment Analysis

Date: Mar 30, 2017

Supreme Court Remands §518 Surcharge Ban for First Amendment Analysis Introduction In Expressions Hair Design, et al. v. Schneiderman, 137 S. Ct. 1144 (2017), the United States Supreme Court...

Supreme Court Establishes Rigorous Medical Standards for Intellectual Disability in Capital Sentencing

Date: Mar 29, 2017

Supreme Court Establishes Rigorous Medical Standards for Intellectual Disability in Capital Sentencing Introduction In the landmark case of Bobby James Moore v. Texas (137 S. Ct. 1039, 2017), the...

Establishing the Separability Test for Copyrightability of Applied Art: Star Athletica v. Varsity Brands

Date: Mar 23, 2017

Establishing the Separability Test for Copyrightability of Applied Art: Star Athletica v. Varsity Brands Introduction The Star Athletica, L.L.C. v. Varsity Brands, Inc. case, decided by the U.S....

Czyzewski v. Jevic Holding Corp.: Upholding the Absolute Priority Rule in Structured Dismissals

Date: Mar 23, 2017

Czyzewski v. Jevic Holding Corp.: Upholding the Absolute Priority Rule in Structured Dismissals Introduction Casimir Czyzewski, et al. v. Jevic Holding Corp., et al. (137 S. Ct. 973, 2017) is a...

Endrew F. v. Douglas County School District: Establishing the "Progress Appropriate" Standard under IDEA

Date: Mar 23, 2017

Endrew F. v. Douglas County School District: Establishing the "Progress Appropriate" Standard under IDEA Introduction Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988 (2017), is a...

National Labor Relations Board v. SW General: Broad Applicability of Section 3345(b)(1) of the Federal Vacancies Reform Act

Date: Mar 22, 2017

National Labor Relations Board v. SW General: Broad Applicability of Section 3345(b)(1) of the Federal Vacancies Reform Act Introduction National Labor Relations Board (NLRB) v. SW General, Inc. is a...

Previous Next

U.S. Supreme Court Case Commentaries

Supreme Court Declares State Indemnification of Divorced Spouses' Shares of Waived Military Retirement Pay Pre-Empted by Federal Law

Strengthening Sovereign Immunity: FSIA's Expropriation Exception Reinterpreted

Defining Aggrieved Parties and Proximate Cause under the Fair Housing Act: Insights from Bank of America v. City of Miami

Limitation of Tribal Sovereign Immunity: Individual Capacity Suits Against Tribal Employees

Qualified Immunity and Summary Judgment in Excessive Force Claims: Analysis of Salazar-Limon v. City of Houston

Notice of Appeal Requirement for Deferred Restitution Orders: Manrique v. United States

Nelson v. Colorado: Strengthening Due Process in Refund Procedures for Exonerated Defendants

Goodyear Tire Sanctions: Establishing the "But-For" Causation Standard

Supremacy of FEHBA's Preemption Clause in Overriding State Subrogation Laws

Supreme Court Clarifies Sentencing Discretion Under 18 U.S.C. §924(c)

Abuse of Discretion Standard Applied to Enforcement of EEOC Subpoenas – McLane v. EEOC

Supreme Court Remands §518 Surcharge Ban for First Amendment Analysis

Supreme Court Establishes Rigorous Medical Standards for Intellectual Disability in Capital Sentencing

Establishing the Separability Test for Copyrightability of Applied Art: Star Athletica v. Varsity Brands

Czyzewski v. Jevic Holding Corp.: Upholding the Absolute Priority Rule in Structured Dismissals

Endrew F. v. Douglas County School District: Establishing the "Progress Appropriate" Standard under IDEA

National Labor Relations Board v. SW General: Broad Applicability of Section 3345(b)(1) of the Federal Vacancies Reform Act

Elijah Manuel v. City of Joliet: Extending Fourth Amendment Protections to Post-Legal Process Pretrial Detention

Supreme Court Rules Laches Cannot Bar Damages Claims within Patent Act's Six-Year Limitations

Limited Scope of the Foreign Commerce Clause: Analyzing Baston v. United States