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  • Commentaries
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U.S. Supreme Court Case Commentaries

Flow from Concrete-Lined Channels Does Not Constitute a “Discharge of a Pollutant” Under the Clean Water Act

Flow from Concrete-Lined Channels Does Not Constitute a “Discharge of a Pollutant” Under the Clean Water Act

Date: Jan 9, 2013
Flow from Concrete-Lined Channels Does Not Constitute a “Discharge of a Pollutant” Under the Clean Water Act Introduction Los Angeles County Flood Control District v. Natural Resources Defense...
Supreme Court Clarifies Limits on Competency-Related Stays in Federal Habeas Proceedings

Supreme Court Clarifies Limits on Competency-Related Stays in Federal Habeas Proceedings

Date: Jan 9, 2013
Supreme Court Clarifies Limits on Competency-Related Stays in Federal Habeas Proceedings Introduction In the landmark cases of Charles L. Ryan v. Ernest Valencia Gonzales Terry Tibbals and Sean...
Supreme Court Clarifies Lack of Statutory Right to Competence in Federal Habeas Proceedings for Death Row Inmates

Supreme Court Clarifies Lack of Statutory Right to Competence in Federal Habeas Proceedings for Death Row Inmates

Date: Jan 9, 2013
Supreme Court Clarifies Lack of Statutory Right to Competence in Federal Habeas Proceedings for Death Row Inmates Introduction The Supreme Court case Ryan v. Gonzales & Tibbals v. Carter, decided on...
District Court as Correct Venue for Judicial Review of Mixed Cases: KLOECKNER v. SOLIS

District Court as Correct Venue for Judicial Review of Mixed Cases: KLOECKNER v. SOLIS

Date: Dec 11, 2012
District Court as Correct Venue for Judicial Review of Mixed Cases: KLOECKNER v. SOLIS Introduction The Supreme Court case Carolyn M. Kloeckner v. Hilda L. Solis, decided on December 10, 2012,...
District Court as the Proper Venue for Mixed Employment Discrimination Cases Following MSPB Procedural Dismissal

District Court as the Proper Venue for Mixed Employment Discrimination Cases Following MSPB Procedural Dismissal

Date: Dec 11, 2012
District Court as the Proper Venue for Mixed Employment Discrimination Cases Following MSPB Procedural Dismissal Introduction Carolyn M. Kloeckner v. Hilda L. Solis is a landmark 2012 U.S. Supreme...
Temporary Government-Induced Flooding and the Takings Clause: Supreme Court Insights from Arkansas Game and Fish Commission v. United States

Temporary Government-Induced Flooding and the Takings Clause: Supreme Court Insights from Arkansas Game and Fish Commission v. United States

Date: Dec 5, 2012
Temporary Government-Induced Flooding and the Takings Clause: Supreme Court Insights from Arkansas Game and Fish Commission v. United States Introduction An overview of the case, its background, key...
Recurrent Temporary Government-Induced Flooding as a Compensable Taking

Recurrent Temporary Government-Induced Flooding as a Compensable Taking

Date: Dec 5, 2012
Recurrent Temporary Government-Induced Flooding as a Compensable Taking Introduction In Arkansas Game and Fish Commission v. United States, 568 U.S. 23 (2013), the United States Supreme Court...
Enhancing Effective Counsel in Capital Sentencing: Insights from Hodge v. Kentucky

Enhancing Effective Counsel in Capital Sentencing: Insights from Hodge v. Kentucky

Date: Dec 4, 2012
Enhancing Effective Counsel in Capital Sentencing: Insights from Hodge v. Kentucky Introduction Benny Lee Hodge v. Kentucky (133 S. Ct. 506, 2012) serves as a pivotal case in the realm of capital...
Supreme Court Reinforces FAA: Arbitration Clauses in Employment Contracts Must Be Enforced by Arbitrators

Supreme Court Reinforces FAA: Arbitration Clauses in Employment Contracts Must Be Enforced by Arbitrators

Date: Nov 27, 2012
Supreme Court Reinforces FAA: Arbitration Clauses in Employment Contracts Must Be Enforced by Arbitrators Introduction The case of Nitro–Lift Technologies, L.L.C. v. Eddie Lee Howard et al. pertains...
Nitro–Lift Technologies v. Howard: Reinforcing the Federal Arbitration Act in Employment Contracts

Nitro–Lift Technologies v. Howard: Reinforcing the Federal Arbitration Act in Employment Contracts

Date: Nov 27, 2012
Nitro–Lift Technologies v. Howard: Reinforcing the Federal Arbitration Act in Employment Contracts Introduction In Nitro–Lift Technologies, L.L.C. v. Eddie Lee Howard et al., the United States...
United States v. James X. Bormes: Sovereign Immunity and Section 1681 of the FCRA

United States v. James X. Bormes: Sovereign Immunity and Section 1681 of the FCRA

Date: Nov 14, 2012
United States v. James X. Bormes: Sovereign Immunity and Section 1681 of the FCRA Introduction In United States v. James X. Bormes, the Supreme Court addressed whether the Little Tucker Act waived...
Limitation of the Little Tucker Act in Enforcing Federal Statutory Remedies: United States v. Bormes

Limitation of the Little Tucker Act in Enforcing Federal Statutory Remedies: United States v. Bormes

Date: Nov 14, 2012
Limitation of the Little Tucker Act in Enforcing Federal Statutory Remedies: United States v. Bormes Introduction In United States v. James X. Bormes, 568 U.S. 6 (2012), the Supreme Court addressed a...
Supreme Court Upholds Deferential Standards in Redistricting: Tennant v. Jefferson County Commission

Supreme Court Upholds Deferential Standards in Redistricting: Tennant v. Jefferson County Commission

Date: Sep 26, 2012
Supreme Court Upholds Deferential Standards in Redistricting: Tennant v. Jefferson County Commission Introduction Natalie E. Tennant, West Virginia Secretary of State, et al. v. Jefferson County...
Tennessee v. Jefferson County: Upholding Redistricting Variances Under Legitimate State Objectives

Tennessee v. Jefferson County: Upholding Redistricting Variances Under Legitimate State Objectives

Date: Sep 26, 2012
Upholding Redistricting Variances: Analysis of Tennant v. Jefferson County Commission Introduction The case of Natalie E. Tennant, West Virginia Secretary of State, et al. v. Jefferson County...
Affirmation and Severance of ACA’s Individual Mandate and Medicaid Expansion

Affirmation and Severance of ACA’s Individual Mandate and Medicaid Expansion

Date: Jun 29, 2012
Affirmation and Severance of ACA’s Individual Mandate and Medicaid Expansion Introduction In the landmark case National Federation of Independent Business et al. v. Kathleen Sebelius, 567 U.S. 519...
United States v. Alvarez: Upholding First Amendment Protections Against the Stolen Valor Act

United States v. Alvarez: Upholding First Amendment Protections Against the Stolen Valor Act

Date: Jun 29, 2012
United States v. Alvarez: Upholding First Amendment Protections Against the Stolen Valor Act Introduction United States v. Xavier Alvarez (567 U.S. 709, 2012) is a landmark Supreme Court case that...
National Federation of Independent Business v. Sebelius: Upholding the Individual Mandate as a Tax and Striking Down Medicaid Expansion

National Federation of Independent Business v. Sebelius: Upholding the Individual Mandate as a Tax and Striking Down Medicaid Expansion

Date: Jun 29, 2012
National Federation of Independent Business v. Sebelius: Upholding the Individual Mandate as a Tax and Striking Down Medicaid Expansion Introduction In the landmark case of National Federation of...
United States v. Alvarez: Upholding First Amendment Protections Against False Speech on Military Honors

United States v. Alvarez: Upholding First Amendment Protections Against False Speech on Military Honors

Date: Jun 29, 2012
United States v. Alvarez: Upholding First Amendment Protections Against False Speech on Military Honors Introduction United States v. Alvarez (132 S.Ct. 2537, 2012) is a landmark decision by the U.S....
Federal Preemption of Arizona's S.B.1070 Confirmed: Insights and Implications

Federal Preemption of Arizona's S.B.1070 Confirmed: Insights and Implications

Date: Jun 26, 2012
Federal Preemption of Arizona's S.B.1070 Confirmed: Insights and Implications Introduction Arizona v. United States, 132 S.Ct. 2492 (2012), addressed the critical issue of state versus federal...
Supreme Court Ruling in Miller v. Alabama: Prohibition of Mandatory Life Without Parole for Juvenile Homicide Offenders

Supreme Court Ruling in Miller v. Alabama: Prohibition of Mandatory Life Without Parole for Juvenile Homicide Offenders

Date: Jun 26, 2012
Supreme Court Ruling in Miller v. Alabama: Prohibition of Mandatory Life Without Parole for Juvenile Homicide Offenders Introduction Miller v. Alabama is a landmark decision by the United States...
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