U.S. Supreme Court Case Commentaries

Exigent Circumstances and Police-Created Exigencies: A Commentary on Kentucky v. Hollis King

Date: May 17, 2011

Exigent Circumstances and Police-Created Exigencies: A Commentary on Kentucky v. Hollis King Introduction Kentucky v. Hollis King (563 U.S. 452, 2011) is a landmark decision by the United States...

Montana v. Wyoming and North Dakota: Upholding Appropriation Doctrine in Yellowstone River Compact

Date: May 3, 2011

Montana v. Wyoming and North Dakota: Upholding Appropriation Doctrine in Yellowstone River Compact Introduction In the landmark case of State of Montana v. State of Wyoming and State of North Dakota...

Supreme Court Upholds Wyoming's Right to Enhance Irrigation Efficiency under the Yellowstone River Compact

Date: May 3, 2011

Supreme Court Upholds Wyoming's Right to Enhance Irrigation Efficiency under the Yellowstone River Compact Introduction The State of Montana v. State of Wyoming and State of North Dakota case,...

FAA Preempts California’s Discover Bank Rule: Upholding Individual Arbitration Agreements

Date: Apr 28, 2011

FAA Preempts California’s Discover Bank Rule: Upholding Individual Arbitration Agreements Introduction In ATT Mobility LLC v. Concepcion et ux., 563 U.S. 333 (2011), the United States Supreme Court...

Clarifying the Scope of Section 1500: Jurisdictional Bar in Parallel Suits – United States v. Tohono O'odham Nation

Date: Apr 27, 2011

Clarifying the Scope of Section 1500: Jurisdictional Bar in Parallel Suits – United States v. Tohono O'odham Nation Introduction United States v. Tohono O'odham Nation (563 U.S. 307, 2011) addresses...

Intent to Deceive Not Required for Breach of ERISA's Duty of Loyalty: Supreme Court Commentary

Date: Apr 22, 2011

Intent to Deceive Not Required for Breach of ERISA's Duty of Loyalty: Supreme Court Commentary Introduction The case of Stephen Lingis, et al., Petitioners v. Rick Dorazil, et al., Respondents...

Sossamon v. Texas: States Do Not Waive Sovereign Immunity to Monetary Damages Under RLUIPA

Date: Apr 21, 2011

Sossamon v. Texas: States Do Not Waive Sovereign Immunity to Monetary Damages Under RLUIPA Introduction Sossamon v. Texas is a landmark U.S. Supreme Court case decided on April 20, 2011, that...

Extending EX PARTE YOUNG: Federal Courts Can Hear Lawsuits Between State Agencies

Date: Apr 20, 2011

Extending EX PARTE YOUNG: Federal Courts Can Hear Lawsuits Between State Agencies Introduction Virginia Office for Protection and Advocacy v. James W. Stewart III, 563 U.S. 247 (2011), is a landmark...

The Narrowing of Taxpayer Standing under the Establishment Clause: Arizona Christian School Tuition Organization v. Winn (2011)

Date: Apr 5, 2011

The Narrowing of Taxpayer Standing under the Establishment Clause Arizona Christian School Tuition Organization v. Winn (2011) Introduction The Supreme Court case Arizona Christian School Tuition...

Taxpayer Standing and the Establishment Clause: Insights from Arizona Christian School Tuition Organization v. Winn

Date: Apr 5, 2011

Taxpayer Standing and the Establishment Clause: Insights from Arizona Christian School Tuition Organization v. Winn Introduction In Arizona Christian School Tuition Organization v. Winn, the United...

Federal Habeas Review Restricted to State Court Record under AEDPA: Cullen v. Pinholster

Date: Apr 5, 2011

Federal Habeas Review Restricted to State Court Record under AEDPA: Cullen v. Pinholster Introduction Cullen, Acting Warden v. Pinholster, 563 U.S. 170 (2011), represents a pivotal Supreme Court...

Enforcement Limitations of the 340B Program: Suits by Covered Entities Incompatible with Statutory Regime

Date: Mar 30, 2011

Enforcement Limitations of the 340B Program: Suits by Covered Entities Incompatible with Statutory Regime Introduction The landmark case of Astra USA, Inc., et al. v. Santa Clara County, California...

Connick v. Thompson: Establishing the Limits of Municipal Liability for Single Brady Violations

Date: Mar 30, 2011

Connick v. Thompson: Establishing the Limits of Municipal Liability for Single Brady Violations Introduction Connick v. Thompson, 563 U.S. 51 (2011), is a landmark Supreme Court decision that...

Enforcement Limits on Third-Party Beneficiaries in 340B Drug Pricing Agreements

Date: Mar 30, 2011

Enforcement Limits on Third-Party Beneficiaries in 340B Drug Pricing Agreements Introduction The Supreme Court case Astra USA, Inc., et al. v. Santa Clara County, California (563 U.S. 110) addresses...

RICO Causation Standards for Third-Party Payors in Pharmaceutical Fraud: Analysis of Sergeants Benevolent Association v. Eli Lilly

Date: Mar 26, 2011

RICO Causation Standards for Third-Party Payors in Pharmaceutical Fraud: Analysis of Sergeants Benevolent Association Health and Welfare Fund v. Eli Lilly & Co. Introduction The Supreme Court case...

FLSA Antiretaliation Protection Expanded to Include Oral Complaints: Kasten v. Saint-Gobain

Date: Mar 23, 2011

FLSA Antiretaliation Protection Expanded to Include Oral Complaints: Kasten v. Saint-Gobain Introduction In KASTEN v. SAINT-GOBAIN PERFORMANCE PLASTICS Corporation, 563 U.S. 1 (2011), the United...

Matrixx Initiatives v. Siracusano: Reevaluating Materiality Beyond Statistical Significance in Securities Fraud Claims

Date: Mar 23, 2011

Matrixx Initiatives v. Siracusano: Reevaluating Materiality Beyond Statistical Significance in Securities Fraud Claims Introduction Matrixx Initiatives, Inc. v. Siracusano is a pivotal Supreme Court...

Supreme Court Establishes §1983 Jurisdiction for Postconviction DNA Testing Claims in SKINNER v. SWITZER

Date: Mar 8, 2011

Supreme Court Establishes §1983 Jurisdiction for Postconviction DNA Testing Claims in SKINNER v. SWITZER Introduction SKINNER v. SWITZER (562 U.S. 521, 2011) represents a significant development in...

Defining FOIA Exemption 2: The Milner v. Department of the Navy Decision

Date: Mar 8, 2011

Defining FOIA Exemption 2: The Milner v. Department of the Navy Decision Introduction Milner v. Department of the Navy, 562 U.S. 562 (2011), represents a pivotal Supreme Court decision that clarified...

Collateral Review Under AEDPA: U.S. Supreme Court Decision in Wall II v. Kholi

Date: Mar 8, 2011

Collateral Review Under AEDPA: U.S. Supreme Court Decision in Wall II v. Kholi Introduction In Ashbel T. Wall II, Director, Rhode Island Department of Corrections, Petitioner v. Khalil Kholi, 562...