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  • Commentaries
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U.S. Supreme Court Case Commentaries

J.D.B. v. North Carolina: Age as a Factor in Miranda Custody Analysis

J.D.B. v. North Carolina: Age as a Factor in Miranda Custody Analysis

Date: Jun 17, 2011
J.D.B. v. North Carolina: Age as a Factor in Miranda Custody Analysis Introduction In J.D.B. v. North Carolina (2011), the United States Supreme Court addressed a pivotal question concerning the...
Restricting Federal Oversight on State Court Class Certifications: Insights from Smith v. Bayer

Restricting Federal Oversight on State Court Class Certifications: Insights from Smith v. Bayer

Date: Jun 17, 2011
Restricting Federal Oversight on State Court Class Certifications: Insights from Smith v. Bayer Introduction Keith Smith, et al. v. Bayer Corporation, 564 U.S. 299 (2011), addressed the delicate...
Good Faith Exception to the Exclusionary Rule: Insights from Davis v. United States

Good Faith Exception to the Exclusionary Rule: Insights from Davis v. United States

Date: Jun 17, 2011
Good Faith Exception to the Exclusionary Rule: Insights from Davis v. United States Introduction In the landmark case Willie Gene Davis v. United States, 564 U.S. 229 (2011), the U.S. Supreme Court...
United States v. Jicarilla Apache Nation: Supreme Court Refutes Fiduciary Exception to Attorney-Client Privilege in Federal Indian Trusts

United States v. Jicarilla Apache Nation: Supreme Court Refutes Fiduciary Exception to Attorney-Client Privilege in Federal Indian Trusts

Date: Jun 14, 2011
United States v. Jicarilla Apache Nation: Supreme Court Refutes Fiduciary Exception to Attorney-Client Privilege in Federal Indian Trusts Introduction In United States v. Jicarilla Apache Nation, 564...
Clarifying Liability Under SEC Rule 10b-5: Janus Capital Group v. First Derivative Traders

Clarifying Liability Under SEC Rule 10b-5: Janus Capital Group v. First Derivative Traders

Date: Jun 14, 2011
Clarifying Liability Under SEC Rule 10b-5: Janus Capital Group v. First Derivative Traders Introduction The Supreme Court case Janus Capital Group, Inc., et al., Petitioners v. First Derivative...
Nevada Ethics in Government Law: Upholding Legislative Recusal Standards

Nevada Ethics in Government Law: Upholding Legislative Recusal Standards

Date: Jun 14, 2011
Nevada Ethics in Government Law: Upholding Legislative Recusal Standards Introduction Nevada Commission on Ethics v. Michael A. Carrigan (564 U.S. 117, 2011) marks a significant Supreme Court...
Clear and Convincing Evidence Standard in Patent Invalidation: Microsoft v. I4I

Clear and Convincing Evidence Standard in Patent Invalidation: Microsoft v. I4I

Date: Jun 10, 2011
Clear and Convincing Evidence Standard in Patent Invalidation: Microsoft Corporation v. I4I Limited Partnership et al. Introduction The Supreme Court case Microsoft Corporation v. I4I Limited...
Incumbent Local Exchange Carriers Must Lease Entrance Facilities at Cost-Based Rates for Interconnection

Incumbent Local Exchange Carriers Must Lease Entrance Facilities at Cost-Based Rates for Interconnection

Date: Jun 10, 2011
Incumbent Local Exchange Carriers Must Lease Entrance Facilities at Cost-Based Rates for Interconnection Introduction The case of TALK AMERICA, INC. v. MICHIGAN BELL TELEPHONE CO. dba AT&T Michigan,...
Defining Violent Felonies Under ACCA: The Ruling in Marcus Sykes v. United States

Defining Violent Felonies Under ACCA: The Ruling in Marcus Sykes v. United States

Date: Jun 10, 2011
Defining Violent Felonies Under ACCA: The Ruling in Marcus Sykes v. United States Introduction In Marcus Sykes v. United States, 564 U.S. 1 (2011), the United States Supreme Court addressed a pivotal...
Supreme Court Upholds FCC's Requirement for Incumbent LECs to Provide Cost-Based Entrance Facilities for Interconnection

Supreme Court Upholds FCC's Requirement for Incumbent LECs to Provide Cost-Based Entrance Facilities for Interconnection

Date: Jun 10, 2011
Supreme Court Upholds FCC's Requirement for Incumbent LECs to Provide Cost-Based Entrance Facilities for Interconnection Introduction The case of Talk America, Inc. v. Michigan Bell Telephone Company...
Interpreting "Cocaine Base" in Federal Drug Statutes: Frantz Depierre v. United States

Interpreting "Cocaine Base" in Federal Drug Statutes: Frantz Depierre v. United States

Date: Jun 10, 2011
Interpreting "Cocaine Base" in Federal Drug Statutes: Frantz Depierre v. United States Introduction Frantz Depierre v. United States, 564 U.S. 70 (2011) is a landmark Supreme Court case that...
CROSBY v. CITY OF GASTONIA: Reinforcing Contract Clause Protections for Vested Municipal Retirement Benefits

CROSBY v. CITY OF GASTONIA: Reinforcing Contract Clause Protections for Vested Municipal Retirement Benefits

Date: Jun 9, 2011
CROSBY v. CITY OF GASTONIA: Reinforcing Contract Clause Protections for Vested Municipal Retirement Benefits Introduction CROSBY v. CITY OF GASTONIA is a significant legal case that addresses the...
Defining 'Serious Drug Offense' under ACCA: McNeill v. United States

Defining 'Serious Drug Offense' under ACCA: McNeill v. United States

Date: Jun 7, 2011
Defining 'Serious Drug Offense' under ACCA: McNeill v. United States Introduction Clifton Terelle McNeill v. United States, 563 U.S. 816 (2011), is a pivotal case adjudicated by the United States...
Securities Fraud Plaintiffs No Longer Required to Prove Loss Causation for Class Certification

Securities Fraud Plaintiffs No Longer Required to Prove Loss Causation for Class Certification

Date: Jun 7, 2011
Securities Fraud Plaintiffs No Longer Required to Prove Loss Causation for Class Certification Introduction In the landmark case Erica P. John Fund, Inc. v. Halliburton Co. et al., the United States...
FOX v. VICE: Defining Fee-Shifting Standards for Mixed Frivolous and Non-Frivolous Claims under §1988

FOX v. VICE: Defining Fee-Shifting Standards for Mixed Frivolous and Non-Frivolous Claims under §1988

Date: Jun 7, 2011
FOX v. VICE: Defining Fee-Shifting Standards for Mixed Frivolous and Non-Frivolous Claims under §1988 Introduction In the landmark case of FOX v. VICE, the United States Supreme Court addressed the...
Bayh-Dole Act Interpretation in Stanford Board of Trustees v. Roche Molecular Systems

Bayh-Dole Act Interpretation in Stanford Board of Trustees v. Roche Molecular Systems

Date: Jun 7, 2011
Bayh-Dole Act Interpretation in Stanford Board of Trustees v. Roche Molecular Systems Introduction The landmark Supreme Court case, Board of Trustees of the Leland Stanford Junior University v. Roche...
Objective Reasonableness of Material-Witness Arrests Upheld: Ashcroft v. Al-Kidd Commentary

Objective Reasonableness of Material-Witness Arrests Upheld: Ashcroft v. Al-Kidd Commentary

Date: Jun 1, 2011
Objective Reasonableness of Material-Witness Arrests Upheld: Ashcroft v. Al-Kidd Commentary Introduction In the aftermath of the September 11th terrorist attacks, national security measures were...
Knowledge Requirement in Induced Patent Infringement: GLOBAL-TECH APPLIANCES v. SEB S.A.

Knowledge Requirement in Induced Patent Infringement: GLOBAL-TECH APPLIANCES v. SEB S.A.

Date: Jun 1, 2011
Knowledge Requirement in Induced Patent Infringement: GLOBAL-TECH APPLIANCES v. SEB S.A. Introduction The United States Supreme Court case GLOBAL-TECH APPLIANCES, INC., ET AL. v. SEB S.A., 563 U.S....
State Licensing Sanctions for Unauthorized Alien Employment Not Preempted: Analysis of Chamber of Commerce v. Whiting

State Licensing Sanctions for Unauthorized Alien Employment Not Preempted: Analysis of Chamber of Commerce v. Whiting

Date: May 27, 2011
State Licensing Sanctions for Unauthorized Alien Employment Not Preempted: Analysis of Chamber of Commerce v. Whiting Introduction In Chamber of Commerce of the United States of America v. Michael B....
CAMRETA v. GREENE: SCOTUS Upholds Authority to Review Constitutional Claims in Qualified Immunity Proceedings

CAMRETA v. GREENE: SCOTUS Upholds Authority to Review Constitutional Claims in Qualified Immunity Proceedings

Date: May 27, 2011
CAMRETA v. GREENE: SCOTUS Upholds Authority to Review Constitutional Claims in Qualified Immunity Proceedings Introduction CAMRETA v. GREENE is a landmark United States Supreme Court decision...
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