U.S. Supreme Court Case Commentaries

Erica P. John Fund v. Halliburton Co.: Rebutting the Basic Presumption of Reliance at Class Certification

Date: Jun 24, 2014

Erica P. John Fund v. Halliburton Co.: Rebutting the Basic Presumption of Reliance at Class Certification Introduction Erica P. John Fund, Inc. v. Halliburton Co. was a landmark decision delivered by...

Expanded Scope of Bank Fraud Under 18 U.S.C. §1344(2) Clarified in Ke v. Loughrin

Date: Jun 24, 2014

Expanded Scope of Bank Fraud Under 18 U.S.C. §1344(2) Clarified in Ke v. Loughrin Introduction Ke v. Loughrin (573 U.S. 351, 2014) is a significant United States Supreme Court decision that addresses...

Supreme Court Limits EPA's Inclusion of Greenhouse Gases in PSD and Title V Permitting under the Clean Air Act

Date: Jun 24, 2014

Supreme Court Limits EPA's Inclusion of Greenhouse Gases in PSD and Title V Permitting under the Clean Air Act Introduction In Utility Air Regulatory Group v. Environmental Protection Agency and...

Utility Air Regulatory Group v. EPA: Defining the Bounds of EPA's Greenhouse Gas Permitting Authority

Date: Jun 24, 2014

Utility Air Regulatory Group v. EPA: Defining the Bounds of EPA's Greenhouse Gas Permitting Authority Introduction Utility Air Regulatory Group v. Environmental Protection Agency (EPA), 134 S. Ct....

Alice Corp. v. CLS Bank: Reinforcing the Abstract Idea Doctrine in Computer-Implemented Financial Systems

Date: Jun 20, 2014

Alice Corp. v. CLS Bank: Reinforcing the Abstract Idea Doctrine in Computer-Implemented Financial Systems Introduction The landmark Supreme Court case Alice Corporation Pty. Ltd. v. CLS Bank...

Lane v. Franks: Expanding First Amendment Protections for Public Employees

Date: Jun 20, 2014

Lane v. Franks: Expanding First Amendment Protections for Public Employees Introduction Lane v. Franks is a landmark decision by the United States Supreme Court that redefined the boundaries of First...

Enhancing Taxpayer Rights: Right to Examine IRS Officials When Bad Faith is Plausibly Inferred

Date: Jun 20, 2014

Enhancing Taxpayer Rights: Right to Examine IRS Officials When Bad Faith is Plausibly Inferred Introduction In the landmark decision of United States v. Michael Clarke et al., the Supreme Court of...

Postjudgment Discovery of Extraterritorial Assets under the Foreign Sovereign Immunities Act

Date: Jun 17, 2014

Postjudgment Discovery of Extraterritorial Assets under the Foreign Sovereign Immunities Act Introduction The case of Republic of Argentina v. NML Capital, Ltd. (573 U.S. 134, 2014) presents a...

Reevaluating the Establishment Clause: Insights from SCALIA's Dissent in ELMBROOK SCHOOL DISTRICT v. Doe

Date: Jun 17, 2014

Reevaluating the Establishment Clause: Insights from SCALIA's Dissent in ELMBROOK SCHOOL DISTRICT v. Doe Introduction The case of Elmbrook School District v. John Doe 3, heard by the United States...

Supreme Court Affirms Standing in Pre-Enforcement Challenge to Ohio's Electoral False Statement Law

Date: Jun 17, 2014

Supreme Court Affirms Standing in Pre-Enforcement Challenge to Ohio's Electoral False Statement Law Introduction The Supreme Court of the United States, in the landmark case of Susan B. Anthony List,...

Enhancing Gun Control: Misrepresentation by Straw Purchasers is Material Under 18 U.S.C. §922(a)(6)

Date: Jun 17, 2014

Enhancing Gun Control: Misrepresentation by Straw Purchasers is Material Under 18 U.S.C. §922(a)(6) Introduction The case of Bruce James ABRAMSKI, Jr. v. UNITED STATES, 573 U.S. 169 (2014), presents...

Supreme Court Rules Inherited IRAs Excluded from Bankruptcy 'Retirement Funds' Exemption

Date: Jun 13, 2014

Supreme Court Rules Inherited IRAs Excluded from Bankruptcy 'Retirement Funds' Exemption Introduction In the landmark case of Brandon C. Clark et ux. v. William J. Rameker, Trustee, et al., the...

Competitor Enforcement under the Lanham Act: Insights from POM Wonderful LLC v. The Coca-Cola Company

Date: Jun 13, 2014

Competitor Enforcement under the Lanham Act: Insights from POM Wonderful LLC v. The Coca-Cola Company Introduction POM Wonderful LLC v. The Coca-Cola Company is a landmark case that explores the...

CTS Corp. v. Waldburger: Supreme Court Upholds State Statutes of Repose Against CERCLA § 9658 Pre-emption

Date: Jun 10, 2014

CTS Corp. v. Waldburger: Supreme Court Upholds State Statutes of Repose Against CERCLA § 9658 Pre-emption Introduction In CTS Corporation v. Peter Waldburger et al., 573 U.S. 1 (2014), the United...

Clarifying Jurisdiction Over Fraudulent Conveyance Claims Post-Stern: Executive Benefits Insurance Agency v. Arkison

Date: Jun 10, 2014

Clarifying Jurisdiction Over Fraudulent Conveyance Claims Post-Stern: Executive Benefits Insurance Agency v. Arkison Introduction Executive Benefits Insurance Agency, Petitioner v. Peter H. Arkison,...

Deference to BIA’s Interpretation of the Child Status Protection Act: Limiting Priority Date Retention

Date: Jun 10, 2014

Deference to BIA’s Interpretation of the Child Status Protection Act: Limiting Priority Date Retention Introduction In Lori Scialabba, Acting Director, United States Citizenship and Immigration...

Supreme Court Establishes Inducement Liability Requires Direct Infringement in Patent Law

Date: Jun 3, 2014

Supreme Court Establishes Inducement Liability Requires Direct Infringement in Patent Law Introduction The Supreme Court case Limelight Networks, Inc. v. Akamai Technologies, Inc. (572 U.S. 915,...

Clarity Required: Supreme Court Sets New Standards for Patent Claim Definiteness in Nautilus v. Biosig

Date: Jun 3, 2014

Clarity Required: Supreme Court Sets New Standards for Patent Claim Definiteness in Nautilus Inc. v. Biosig Instruments, Inc. Introduction Nautilus Inc. v. Biosig Instruments, Inc., 572 U.S. 898...

Chemical Weapons Convention Implementation Act Limited by Tenth Amendment

Date: Jun 3, 2014

Chemical Weapons Convention Implementation Act Limited by Tenth Amendment Introduction In the landmark case Carol Anne Bond v. United States, 572 U.S. 844 (2014), the United States Supreme Court...

Double Jeopardy Protection Confirmed: Jeopardy Attaches Upon Jury Swearing

Date: May 28, 2014

Double Jeopardy Protection Confirmed: Jeopardy Attaches Upon Jury Swearing Introduction Esteban Martinez v. Illinois, 572 U.S. 833 (2014), is a landmark Supreme Court decision that clarifies the...

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