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  • Commentaries
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U.S. Supreme Court Case Commentaries

Issue Preclusion in Trademark Law: B & B Hardware, Inc. v. Hargis Industries, Inc. Establishes Preclusive Effect of TTAB Decisions

Issue Preclusion in Trademark Law: B & B Hardware, Inc. v. Hargis Industries, Inc. Establishes Preclusive Effect of TTAB Decisions

Date: Mar 25, 2015
Issue Preclusion in Trademark Law: B & B Hardware, Inc. v. Hargis Industries, Inc. Establishes Preclusive Effect of TTAB Decisions Introduction B & B Hardware, Inc. v. Hargis Industries, Inc.,...
Government Speech Doctrine Affirmed in Specialty License Plates: Walker III v. Texas Division, Sons of Confederate Veterans, Inc.

Government Speech Doctrine Affirmed in Specialty License Plates: Walker III v. Texas Division, Sons of Confederate Veterans, Inc.

Date: Mar 24, 2015
Government Speech Doctrine Affirmed in Specialty License Plates: Walker III v. Texas Division, Sons of Confederate Veterans, Inc. Introduction The landmark case Walker III v. Texas Division, Sons of...
Supreme Court Affirms Qualified Immunity for Police in Arresting Armed and Mentally Ill Suspects

Supreme Court Affirms Qualified Immunity for Police in Arresting Armed and Mentally Ill Suspects

Date: Mar 24, 2015
Supreme Court Affirms Qualified Immunity for Police in Arresting Armed and Mentally Ill Suspects Introduction In City and County of San Francisco, California, et al. v. Teresa Sheehan, 135 S. Ct....
Supreme Court Reverses Paralyzed Veterans Doctrine: Agencies Not Required to Follow Notice-and-Comment for Significant Interpretations under APA

Supreme Court Reverses Paralyzed Veterans Doctrine: Agencies Not Required to Follow Notice-and-Comment for Significant Interpretations under APA

Date: Mar 10, 2015
Supreme Court Reverses Paralyzed Veterans Doctrine: Agencies Not Required to Follow Notice-and-Comment for Significant Interpretations under APA Introduction In the landmark case of Thomas E. Perez,...
Amtrak as a Governmental Entity: Implications for Separation of Powers and Regulatory Authority

Amtrak as a Governmental Entity: Implications for Separation of Powers and Regulatory Authority

Date: Mar 10, 2015
Amtrak as a Governmental Entity: Implications for Separation of Powers and Regulatory Authority Introduction The United States Supreme Court, in the landmark case Department of Transportation, et al....
Broadening Comparison Classes in Railroad Tax Discrimination Claims: Alabama Department of Revenue v. CSX Transportation, Inc.

Broadening Comparison Classes in Railroad Tax Discrimination Claims: Alabama Department of Revenue v. CSX Transportation, Inc.

Date: Mar 5, 2015
Broadening Comparison Classes in Railroad Tax Discrimination Claims: Alabama Department of Revenue v. CSX Transportation, Inc. Introduction In Alabama Department of Revenue et al. v. CSX...
Reaffirming the Harmlessness of Procedural Errors in Batson Challenges: Davis v. Ayala Commentary

Reaffirming the Harmlessness of Procedural Errors in Batson Challenges: Davis v. Ayala Commentary

Date: Mar 4, 2015
Reaffirming the Harmlessness of Procedural Errors in Batson Challenges: Davis v. Ayala Commentary Introduction Davis v. Ayala, 135 S. Ct. 2187 (2015), is a landmark Supreme Court decision that...
Direct Marketing Association v. Brohl: Clarifying the Tax Injunction Act's Scope

Direct Marketing Association v. Brohl: Clarifying the Tax Injunction Act's Scope

Date: Mar 4, 2015
Direct Marketing Association v. Brohl: Clarifying the Tax Injunction Act's Scope Introduction In the landmark case Direct Marketing Association v. Brohl, the United States Supreme Court addressed the...
Facial Invalidity of Los Angeles Hotel Record Inspection Ordinance under the Fourth Amendment

Facial Invalidity of Los Angeles Hotel Record Inspection Ordinance under the Fourth Amendment

Date: Mar 4, 2015
Facial Invalidity of Los Angeles Hotel Record Inspection Ordinance under the Fourth Amendment Introduction In the landmark case City of Los Angeles v. Naranjibhai Patel et al., the United States...
Clarifying the Confrontation Clause: Admissibility of Statements to Non-Law Enforcement Agents in Emergency Situations

Clarifying the Confrontation Clause: Admissibility of Statements to Non-Law Enforcement Agents in Emergency Situations

Date: Mar 3, 2015
Clarifying the Confrontation Clause: Admissibility of Statements to Non-Law Enforcement Agents in Emergency Situations Introduction The case of Ohio v. Darius Clark (135 S. Ct. 2173, 2015) addresses...
Narrow Interpretation of 18 U.S.C. § 1519 Limits Scope to Information-Preserving Tangible Objects

Narrow Interpretation of 18 U.S.C. § 1519 Limits Scope to Information-Preserving Tangible Objects

Date: Feb 26, 2015
Narrow Interpretation of 18 U.S.C. § 1519 Limits Scope to Information-Preserving Tangible Objects Introduction The Supreme Court case John L. YATES v. UNITED STATES, 574 U.S. 528 (2015), addressed...
Bankruptcy Code §330(a)(1) Does Not Permit Awards for Fee-Defense Litigation – BAKER BOTTS L.L.P. v. ASARCO LLC.

Bankruptcy Code §330(a)(1) Does Not Permit Awards for Fee-Defense Litigation – BAKER BOTTS L.L.P. v. ASARCO LLC.

Date: Feb 26, 2015
Bankruptcy Code §330(a)(1) Does Not Permit Awards for Fee-Defense Litigation – BAKER BOTTS L.L.P. v. ASARCO LLC. Introduction BAKER BOTTS L.L.P. et al., Petitioners v. ASARCO LLC. is a landmark...
Limiting State-Action Antitrust Immunity: North Carolina State Board of Dental Examiners v. FTC

Limiting State-Action Antitrust Immunity: North Carolina State Board of Dental Examiners v. FTC

Date: Feb 26, 2015
Limiting State-Action Antitrust Immunity: North Carolina State Board of Dental Examiners v. FTC Introduction North Carolina State Board of Dental Examiners v. Federal Trade Commission, 574 U.S. 494...
Employment Discrimination Under Title VII: EEOC v. Abercrombie & Fitch Stores, Inc.

Employment Discrimination Under Title VII: EEOC v. Abercrombie & Fitch Stores, Inc.

Date: Feb 26, 2015
Employment Discrimination Under Title VII: EEOC v. Abercrombie & Fitch Stores, Inc. Introduction In the landmark case of Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores,...
Glenn TIBBLE v. EDISON INTERNATIONAL: Enhancing Fiduciary Duty Under ERISA

Glenn TIBBLE v. EDISON INTERNATIONAL: Enhancing Fiduciary Duty Under ERISA

Date: Feb 25, 2015
Glenn TIBBLE v. EDISON INTERNATIONAL: Enhancing Fiduciary Duty Under ERISA Introduction In Glenn Tibble, et al. v. Edison International et al. (135 S. Ct. 1823), the United States Supreme Court...
Clarifying § 922(g): Supreme Court Rules on Felon’s Transfer of Firearms

Clarifying § 922(g): Supreme Court Rules on Felon’s Transfer of Firearms

Date: Feb 25, 2015
Clarifying § 922(g): Supreme Court Rules on Felon’s Transfer of Firearms Introduction In the landmark case of Tony Henderson, Petitioner v. United States (135 S.Ct. 1780, 2015), the United States...
Kansas v. Nebraska and Colorado: Reinforcement and Adjustment of Interstate Water Allocation Compact

Kansas v. Nebraska and Colorado: Reinforcement and Adjustment of Interstate Water Allocation Compact

Date: Feb 25, 2015
Kansas v. Nebraska and Colorado: Reinforcement and Adjustment of Interstate Water Allocation Compact Introduction Kansas v. Nebraska and Colorado (574 U.S. 445) is a significant United States Supreme...
Supreme Court Upholds "Three Strikes" Rule for In Forma Pauperis Status of Prisoners

Supreme Court Upholds "Three Strikes" Rule for In Forma Pauperis Status of Prisoners

Date: Feb 24, 2015
Supreme Court Upholds "Three Strikes" Rule for In Forma Pauperis Status of Prisoners Introduction In Andre Lee Coleman v. Todd Tolleson, 135 S. Ct. 1759 (2015), the United States Supreme Court...
Constitutional Limits on Due Process in Spousal Visa Denials: Analysis of Kerry v. Din

Constitutional Limits on Due Process in Spousal Visa Denials: Analysis of Kerry v. Din

Date: Feb 24, 2015
Constitutional Limits on Due Process in Spousal Visa Denials: Analysis of Kerry v. Din Introduction In Kerry v. Din, 135 S. Ct. 2128 (2015), the United States Supreme Court addressed a critical...
M & G Polymers USA, LLC v. Hobert Freel TACKETT: Reinforcing Ordinary Contract Principles in Collective-Bargaining Agreements

M & G Polymers USA, LLC v. Hobert Freel TACKETT: Reinforcing Ordinary Contract Principles in Collective-Bargaining Agreements

Date: Jan 27, 2015
M & G Polymers USA, LLC v. Hobert Freel TACKETT: Reinforcing Ordinary Contract Principles in Collective-Bargaining Agreements Introduction The landmark Supreme Court case M & G Polymers USA, LLC, et...
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