U.S. Supreme Court Case Commentaries

Equitable Tolling under AEDPA: A Comprehensive Analysis of HOLLAND v. FLORIDA

Date: Jun 15, 2010

Equitable Tolling under AEDPA: A Comprehensive Analysis of HOLLAND v. FLORIDA Introduction Albert HOLLAND v. FLORIDA, 560 U.S. 631 (2010), is a pivotal Supreme Court decision that addresses the...

Sentencing Court’s Authority to Impose Restitution After Statutory Deadline Confirmed in Dolan v. United States

Date: Jun 15, 2010

Sentencing Court’s Authority to Impose Restitution After Statutory Deadline Confirmed in Dolan v. United States Introduction In Dolan v. United States, the U.S. Supreme Court addressed a pivotal...

EAJA Fees Awarded to Litigants Subject to Government Offset: Astrue v. Ratliff

Date: Jun 15, 2010

EAJA Fees Awarded to Litigants Subject to Government Offset: Astrue v. Ratliff Introduction In Michael J. Astrue, Commissioner of Social Security, Petitioner, v. Catherine G. Ratliff (560 U.S. 586,...

Supreme Court Clarifies Definition of Aggravated Felony in Immigration Context

Date: Jun 15, 2010

Supreme Court Clarifies Definition of Aggravated Felony in Immigration Context Introduction In Jose Angel Carachuri–Rosendo v. Eric H. Holder, Jr., Attorney General, 560 U.S. 563 (2010), the United...

Supreme Court Upholds First Amendment Protections in Kelly Conard v. Pennsylvania State Police

Date: Jun 12, 2010

Supreme Court Upholds First Amendment Protections in Kelly Conard v. Pennsylvania State Police Introduction The case of Kelly Conard v. Pennsylvania State Police addresses significant issues...

Relating Back Under Rule 15(c)(1)(C)(ii): Insights from Krupski v. Costa Crociere S.P.A.

Date: Jun 8, 2010

Relating Back Under Rule 15(c)(1)(C)(ii): Insights from Krupski v. Costa Crociere S.P.A. Introduction Krupski v. Costa Crociere S. p. A. is a pivotal United States Supreme Court decision that...

Term of Imprisonment Interpreted as Time Served: Supreme Court Ruling in Barber v. Thomas

Date: Jun 8, 2010

Term of Imprisonment Interpreted as Time Served: Supreme Court Ruling in Barber v. Thomas Introduction In Michael Gary Barber, et al., Petitioners, v. J. E. Thomas, Warden (560 U.S. 474, 2010), the...

Federal Preemption of State Labeling Requirements for Generic Drugs Established by Actavis Inc. v. Demahy

Date: Jun 8, 2010

Federal Preemption of State Labeling Requirements for Generic Drugs Established by Actavis Inc. v. Demahy Introduction Actavis, Inc. v. Demahy is a pivotal case in the realm of pharmaceutical law,...

Forward-Looking Approach Affirmed for Projected Disposable Income in Chapter 13 Bankruptcy

Date: Jun 8, 2010

Forward-Looking Approach Affirmed for Projected Disposable Income in Chapter 13 Bankruptcy Introduction The Supreme Court case Jan Hamilton, Chapter 13 Trustee, Petitioner, v. Stephanie Kay Lanning,...

Foreign Sovereign Immunities Act Does Not Provide Immunity to Individual Foreign Officials: Samantar v. Yusuf

Date: Jun 2, 2010

Foreign Sovereign Immunities Act Does Not Provide Immunity to Individual Foreign Officials: Samantar v. Yusuf Introduction In Mohamed Ali Samantar v. Bashe Abdi Yusuf et al., the United States...

Comity Doctrine Affirmed in Tax Discrimination Case: Levin v. Commerce Energy

Date: Jun 2, 2010

Comity Doctrine Affirmed in Tax Discrimination Case: Levin v. Commerce Energy Introduction In Levin v. Commerce Energy, Inc., 560 U.S. 413 (2010), the U.S. Supreme Court addressed the interplay...

Monetary Sanctions and Sovereign Immunity in Interstate Compacts: Comprehensive Analysis of State of Alabama et al. v. North Carolina

Date: Jun 2, 2010

Monetary Sanctions and Sovereign Immunity in Interstate Compacts: Comprehensive Analysis of State of Alabama et al. v. North Carolina Introduction The Supreme Court case State of Alabama, State of...

Implied Waiver of Miranda Rights Established in Berghuis v. Thompkins

Date: Jun 2, 2010

Implied Waiver of Miranda Rights Established in Berghuis v. Thompkins Introduction The landmark Supreme Court case Mary Berghuis, Warden, Petitioner, v. Van Chester Thompkins, 560 U.S. 370 (2010),...

Limits on Monetary Sanctions under Interstate Compact: Supreme Court Upholds Special Master's Recommendations

Date: Jun 2, 2010

Limits on Monetary Sanctions under Interstate Compact: Supreme Court Upholds Special Master's Recommendations Introduction In the case of State of Alabama, State of Florida, State of Tennessee,...

Limitations on Sex Offender Travel Liability: Thomas Carr v. United States and the Scope of SORNA §2250

Date: Jun 2, 2010

Limitations on Sex Offender Travel Liability: Thomas Carr v. United States and the Scope of SORNA §2250 Introduction The case of Thomas Carr, Petitioner v. United States, 560 U.S. 438 (2010),...

Refinement of the Plain Error Standard in Ex Post Facto Claims: United States v. Glenn Marcus

Date: May 25, 2010

Refinement of the Plain Error Standard in Ex Post Facto Claims: United States v. Glenn Marcus Introduction United States v. Glenn Marcus is a pivotal Supreme Court decision adjudicated on May 24,...

Limiting Criminal Contempt Prosecutions to Sovereign Authority: Insights from Robertson v. United States ex rel. Watson

Date: May 25, 2010

Limiting Criminal Contempt Prosecutions to Sovereign Authority: Insights from Robertson v. United States ex rel. Watson Introduction The case of John Robertson v. United States ex rel. Wykenna...

Supreme Court Clarifies Firearm Type as an Element of Offense Under 18 U.S.C. § 924(c)

Date: May 25, 2010

Supreme Court Clarifies Firearm Type as an Element of Offense Under 18 U.S.C. § 924(c) Introduction In the landmark case of United States v. Martin O'Brien and Arthur Burgess, the United States...

HARDT v. RELIANCE Standard Life Insurance Co.: Expanding Access to Attorney's Fees under ERISA

Date: May 25, 2010

HARDT v. RELIANCE Standard Life Insurance Co.: Expanding Access to Attorney's Fees under ERISA Introduction Bridget Hardt, an executive assistant at Dan River, Inc., filed a lawsuit against Reliance...

Mandating Comprehensive Consideration of §2254(d) Exceptions in Federal Habeas Review: Insights from Jefferson v. Upington

Date: May 25, 2010

Mandating Comprehensive Consideration of §2254(d) Exceptions in Federal Habeas Review: Insights from Jefferson v. Upington Introduction Lawrence Joseph Jefferson v. Stephen Upington, Warden, 560 U.S....