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  • Commentaries
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U.S. Supreme Court Case Commentaries

EPA's Transport Rule Upheld: Cost-Effective Allocation of Emission Reductions Established

EPA's Transport Rule Upheld: Cost-Effective Allocation of Emission Reductions Established

Date: Apr 30, 2014
EPA's Transport Rule Upheld: Cost-Effective Allocation of Emission Reductions Established Introduction In Environmental Protection Agency et al. v. EME Homer City Generation, L.P., et al.; and...
Supreme Court Upholds EPA's Transport Rule Under the Clean Air Act's Good Neighbor Provision

Supreme Court Upholds EPA's Transport Rule Under the Clean Air Act's Good Neighbor Provision

Date: Apr 30, 2014
Supreme Court Upholds EPA's Transport Rule Under the Clean Air Act's Good Neighbor Provision Introduction On April 29, 2014, the Supreme Court of the United States delivered a pivotal decision in...
Octane Fitness v. Icon Health & Fitness: Redefining "Exceptional Cases" Under 35 U.S.C. § 285

Octane Fitness v. Icon Health & Fitness: Redefining "Exceptional Cases" Under 35 U.S.C. § 285

Date: Apr 30, 2014
Octane Fitness v. Icon Health & Fitness: Redefining "Exceptional Cases" Under 35 U.S.C. § 285 Introduction The Supreme Court case Octane Fitness, LLC v. Icon Health & Fitness, Inc., 572 U.S. 545...
Woodall v. White: Supreme Court Refines Fifth Amendment Protections in Penalty Phase

Woodall v. White: Supreme Court Refines Fifth Amendment Protections in Penalty Phase

Date: Apr 24, 2014
Woodall v. White: Supreme Court Refines Fifth Amendment Protections in Penalty Phase Introduction Woodall v. White (572 U.S. 415, 2014) is a significant Supreme Court decision that addresses the...
Paroline v. United States: Proximate Causation in §2259 Restitution

Paroline v. United States: Proximate Causation in §2259 Restitution

Date: Apr 24, 2014
Paroline v. United States: Proximate Causation in §2259 Restitution Introduction Doyle Randall Paroline v. United States et al. (572 U.S. 434, 2014) is a landmark United States Supreme Court case...
Schuette v. BAMN: Upholding Voter-Controlled Race Preferences in University Admissions

Schuette v. BAMN: Upholding Voter-Controlled Race Preferences in University Admissions

Date: Apr 23, 2014
Schuette v. BAMN: Upholding Voter-Controlled Race Preferences in University Admissions Introduction Schuette v. BAMN, 572 U.S. 291 (2014), presents a pivotal Supreme Court decision addressing the...
Reliability of Anonymous 911 Tips in Fourth Amendment Traffic Stops

Reliability of Anonymous 911 Tips in Fourth Amendment Traffic Stops

Date: Apr 23, 2014
Reliability of Anonymous 911 Tips in Fourth Amendment Traffic Stops Introduction In the landmark case Lorenzo Prado Navarette and José Prado Navarette v. California (572 U.S. 393, 2014), the United...
McCutcheon v. Federal Election Commission: Redefining Campaign Finance Limits under the First Amendment

McCutcheon v. Federal Election Commission: Redefining Campaign Finance Limits under the First Amendment

Date: Apr 3, 2014
McCutcheon v. Federal Election Commission: Redefining Campaign Finance Limits under the First Amendment Introduction McCutcheon v. Federal Election Commission, 572 U.S. 185 (2014), represents a...
ADA Preemption of Implied Covenant of Good Faith in Airline Contracts

ADA Preemption of Implied Covenant of Good Faith in Airline Contracts

Date: Apr 3, 2014
ADA Preemption of Implied Covenant of Good Faith in Airline Contracts Introduction Northwest, Inc., et al. v. Rabbi S. Binyomin Ginsberg, 572 U.S. 273 (2014), is a landmark United States Supreme...
Supreme Court's Expansive Interpretation of 'Physical Force' in § 922(g)(9): United States v. Castleman

Supreme Court's Expansive Interpretation of 'Physical Force' in § 922(g)(9): United States v. Castleman

Date: Mar 27, 2014
Supreme Court's Expansive Interpretation of "Physical Force" in § 922(g)(9): United States v. Castleman Introduction United States v. James Al Castleman, 572 U.S. 157 (2014), is a significant Supreme...
Severance Payments Recognized as Taxable Wages Under FICA: United States v. Quality Stores, Inc.

Severance Payments Recognized as Taxable Wages Under FICA: United States v. Quality Stores, Inc.

Date: Mar 26, 2014
Severance Payments Recognized as Taxable Wages Under FICA: United States v. Quality Stores, Inc. Introduction The landmark case of United States v. Quality Stores, Inc., decided by the U.S. Supreme...
Establishing Business Standing under the Lanham Act: Lexmark v. Static Control Components

Establishing Business Standing under the Lanham Act: Lexmark v. Static Control Components

Date: Mar 26, 2014
Establishing Business Standing under the Lanham Act: Lexmark v. Static Control Components Introduction The Supreme Court case Lexmark International, Inc. v. Static Control Components, Inc., 572 U.S....
Termination of Railroad Easements: Restoration of Full Land Ownership Upon Abandonment Under the General Railroad Right–of–Way Act of 1875

Termination of Railroad Easements: Restoration of Full Land Ownership Upon Abandonment Under the General Railroad Right–of–Way Act of 1875

Date: Mar 11, 2014
Termination of Railroad Easements: Restoration of Full Land Ownership Upon Abandonment Under the General Railroad Right–of–Way Act of 1875 Introduction The Supreme Court case Marvin M. Brandt...
BG Group v. Argentina: Reinforcing Arbitrator Primacy in Treaty Arbitration Clauses

BG Group v. Argentina: Reinforcing Arbitrator Primacy in Treaty Arbitration Clauses

Date: Mar 6, 2014
BG Group v. Argentina: Reinforcing Arbitrator Primacy in Treaty Arbitration Clauses Introduction In the landmark case of BG Group PLC v. Republic of Argentina, the United States Supreme Court...
Advance Knowledge Standard for Aiding and Abetting Under 18 U.S.C. §924(c): Rosemond v. United States

Advance Knowledge Standard for Aiding and Abetting Under 18 U.S.C. §924(c): Rosemond v. United States

Date: Mar 6, 2014
Advance Knowledge Standard for Aiding and Abetting Under 18 U.S.C. §924(c): Rosemond v. United States Introduction In Justus C. ROSEMOND, Petitioner v. UNITED STATES, 572 U.S. 65 (2014), the United...
Article 12 of the Hague Convention Not Subject to Equitable Tolling: Supreme Court Establishes New Precedent

Article 12 of the Hague Convention Not Subject to Equitable Tolling: Supreme Court Establishes New Precedent

Date: Mar 6, 2014
Article 12 of the Hague Convention Not Subject to Equitable Tolling: Supreme Court Establishes New Precedent Introduction The U.S. Supreme Court, in Manuel Jose Lozano v. Diana Lucia Montoya Alvarez,...
Broadening Whistleblower Protections: Supreme Court Rules 18 U.S.C. § 1514A Includes Contractor Employees

Broadening Whistleblower Protections: Supreme Court Rules 18 U.S.C. § 1514A Includes Contractor Employees

Date: Mar 5, 2014
Broadening Whistleblower Protections: Supreme Court Rules 18 U.S.C. § 1514A Includes Contractor Employees Introduction In the landmark case of Lawson v. FMR LLC, 571 U.S. 429 (2014), the United...
Limits on Bankruptcy Court Authority to Surcharge Homestead Exemptions for Administrative Expenses

Limits on Bankruptcy Court Authority to Surcharge Homestead Exemptions for Administrative Expenses

Date: Mar 5, 2014
Limits on Bankruptcy Court Authority to Surcharge Homestead Exemptions for Administrative Expenses Introduction In Stephen Law v. Alfred H. Siegel, Chapter 7 Trustee, 571 U.S. 415 (2014), the United...
Defining Military Installations under 18 U.S.C. § 1382: Supreme Court Clarifies Scope in United States v. Apel

Defining Military Installations under 18 U.S.C. § 1382: Supreme Court Clarifies Scope in United States v. Apel

Date: Feb 27, 2014
Defining Military Installations under 18 U.S.C. § 1382: Supreme Court Clarifies Scope in United States v. Apel Introduction The Supreme Court case United States v. John Dennis Apel (571 U.S. 359)...
Supreme Court Upholds SLUSA Non-Preemption in State-Law Class Actions Over Misrepresentations Tangential to Covered Securities

Supreme Court Upholds SLUSA Non-Preemption in State-Law Class Actions Over Misrepresentations Tangential to Covered Securities

Date: Feb 27, 2014
Supreme Court Upholds SLUSA Non-Preemption in State-Law Class Actions Over Misrepresentations Tangential to Covered Securities Introduction The Supreme Court of the United States, in the case of...
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