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  • Commentaries
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U.S. Supreme Court Case Commentaries

Access to DNA Evidence Post-Conviction: Supreme Court Reaffirms Legislative Primacy

Access to DNA Evidence Post-Conviction: Supreme Court Reaffirms Legislative Primacy

Date: Jun 19, 2009
Access to DNA Evidence Post-Conviction: Supreme Court Reaffirms Legislative Primacy Introduction In the landmark case of District Attorney's Office for the Third Judicial District et al. v. Osborne...
No Mixed-Motives Burden-Shifting Framework Under the ADEA

No Mixed-Motives Burden-Shifting Framework Under the ADEA

Date: Jun 19, 2009
No Mixed-Motives Burden-Shifting Framework Under the ADEA Introduction In Jack GROSS v. FBL FINANCIAL Services, Inc., 557 U.S. 167 (2009), the United States Supreme Court addressed a pivotal issue in...
Yeager v. United States (2009): Clarifying the Double Jeopardy Clause in Multi-Count Trials

Yeager v. United States (2009): Clarifying the Double Jeopardy Clause in Multi-Count Trials

Date: Jun 19, 2009
Yeager v. United States (2009): Clarifying the Double Jeopardy Clause in Multi-Count Trials Introduction Yeager v. United States is a landmark 2009 decision by the United States Supreme Court that...
Finality of Bankruptcy Court Injunctions: Travelers Indemnity Co. v. Bailey

Finality of Bankruptcy Court Injunctions: Travelers Indemnity Co. v. Bailey

Date: Jun 19, 2009
Finality of Bankruptcy Court Injunctions: Travelers Indemnity Co. v. Bailey Introduction Travelers Indemnity Co. et al. v. Pearlie Bailey et al., 557 U.S. 137 (2009), addressed a critical issue in...
Supreme Court Upholds Bankruptcy Court's Injunction on Asbestos Direct Actions Against Insurers

Supreme Court Upholds Bankruptcy Court's Injunction on Asbestos Direct Actions Against Insurers

Date: Jun 19, 2009
Supreme Court Upholds Bankruptcy Court's Injunction on Asbestos Direct Actions Against Insurers Introduction In Travelers Indemnity Co. et al. v. Pearlie Bailey et al., the United States Supreme...
NIJHAWAN v. HOLDER: Establishing a Circumstance-Specific Interpretation of 'Aggravated Felony'

NIJHAWAN v. HOLDER: Establishing a Circumstance-Specific Interpretation of 'Aggravated Felony'

Date: Jun 16, 2009
NIJHAWAN v. HOLDER: Establishing a Circumstance-Specific Interpretation of 'Aggravated Felony' Introduction NIJHAWAN v. HOLDER, ATTORNEY GENERAL, 557 U.S. 29 (2009), is a landmark decision by the...
Valdez Tonnage Clause Violation: Comprehensive Analysis

Valdez Tonnage Clause Violation: Comprehensive Analysis

Date: Jun 16, 2009
Valdez Tonnage Clause Violation: Comprehensive Analysis Introduction In POLAR TANKERS, INC. v. CITY OF VALDEZ, ALASKA, 557 U.S. 1 (2009), the United States Supreme Court addressed the...
Supreme Court Upholds Presidential Authority to Reinstate Iraq’s Foreign Sovereign Immunity

Supreme Court Upholds Presidential Authority to Reinstate Iraq’s Foreign Sovereign Immunity

Date: Jun 9, 2009
Supreme Court Upholds Presidential Authority to Reinstate Iraq’s Foreign Sovereign Immunity Introduction The case of Republic of Iraq v. Jordan Beaty et al., decided by the U.S. Supreme Court on June...
Caperton v. Massey: Enhancing Judicial Impartiality in the Era of Judicial Elections

Caperton v. Massey: Enhancing Judicial Impartiality in the Era of Judicial Elections

Date: Jun 9, 2009
Caperton v. Massey: Enhancing Judicial Impartiality in the Era of Judicial Elections Introduction Caperton v. Massey, 556 U.S. 868 (2009), is a landmark decision by the United States Supreme Court...
Presidential Authority to Waive Terrorism Exception under FSIA: Supreme Court in Republic of Iraq v. Beaty et al.

Presidential Authority to Waive Terrorism Exception under FSIA: Supreme Court in Republic of Iraq v. Beaty et al.

Date: Jun 9, 2009
Presidential Authority to Waive Terrorism Exception under FSIA: Supreme Court in Republic of Iraq v. Beaty et al. Introduction The Supreme Court case, Republic of Iraq, Petitioner, v. Jordan Beaty et...
United States ex rel. Eisenstein v. City of New York: Appellate Deadlines in Non-Intervened FCA Qui Tam Actions

United States ex rel. Eisenstein v. City of New York: Appellate Deadlines in Non-Intervened FCA Qui Tam Actions

Date: Jun 9, 2009
United States ex rel. Eisenstein v. City of New York: Appellate Deadlines in Non-Intervened FCA Qui Tam Actions Introduction In United States ex rel. Irwin Eisenstein v. City of New York, 556 U.S....
Expansion of Military Courts' Jurisdiction: United States v. Jacob Denedo

Expansion of Military Courts' Jurisdiction: United States v. Jacob Denedo

Date: Jun 9, 2009
Expansion of Military Courts' Jurisdiction: United States v. Jacob Denedo Introduction United States v. Jacob Denedo (556 U.S. 904, 2009) represents a pivotal moment in military jurisprudence. The...
Military Courts' Authority to Grant Coram Nobis: United States v. Jacob Denedo

Military Courts' Authority to Grant Coram Nobis: United States v. Jacob Denedo

Date: Jun 9, 2009
Military Courts' Authority to Grant Coram Nobis: United States v. Jacob Denedo Introduction United States v. Jacob Denedo, 556 U.S. 904 (2009), is a landmark Supreme Court case that addresses the...
Caperton v. Massey: Supreme Court Mandates Judicial Recusal to Uphold Due Process in Election-Influenced Cases

Caperton v. Massey: Supreme Court Mandates Judicial Recusal to Uphold Due Process in Election-Influenced Cases

Date: Jun 9, 2009
Caperton v. Massey: Supreme Court Mandates Judicial Recusal to Uphold Due Process in Election-Influenced Cases Introduction Caperton v. Massey Coal Co., Inc. is a landmark United States Supreme Court...
Iraq Sovereign Immunity Waiver: Comprehensive Analysis of Republic of Iraq v. Jordan Beaty et al.

Iraq Sovereign Immunity Waiver: Comprehensive Analysis of Republic of Iraq v. Jordan Beaty et al.

Date: Jun 9, 2009
Iraq Sovereign Immunity Waiver: Comprehensive Analysis of Republic of Iraq v. Jordan Beaty et al. Introduction The Supreme Court case Republic of Iraq v. Jordan Beaty et al., decided on June 8, 2009,...
Edmund Boyle v. United States: Defining the Structure of an Association-in-Fact Enterprise under RICO

Edmund Boyle v. United States: Defining the Structure of an Association-in-Fact Enterprise under RICO

Date: Jun 9, 2009
Edmund Boyle v. United States: Defining the Structure of an Association-in-Fact Enterprise under RICO Introduction Edmund Boyle v. United States, 556 U.S. 938 (2009), is a pivotal Supreme Court case...
Clarifying Structural Requirements for RICO Enterprises: Boyle v. United States

Clarifying Structural Requirements for RICO Enterprises: Boyle v. United States

Date: Jun 9, 2009
Clarifying Structural Requirements for RICO Enterprises: Boyle v. United States Introduction In Edmund Boyle v. United States, 556 U.S. 938 (2009), the United States Supreme Court addressed a pivotal...
CSX Transportation v. Hensley: Reinforcing Jury Instruction Standards on Genuine and Serious Fear under FELA

CSX Transportation v. Hensley: Reinforcing Jury Instruction Standards on Genuine and Serious Fear under FELA

Date: Jun 2, 2009
CSX Transportation v. Hensley: Reinforcing Jury Instruction Standards on Genuine and Serious Fear under FELA Introduction The case of CSX Transportation, Inc. v. Thurston Hensley, 556 U.S. 838...
Double Jeopardy and Mental Capacity Reassessment: Insights from Bies v. Warden

Double Jeopardy and Mental Capacity Reassessment: Insights from Bies v. Warden

Date: Jun 2, 2009
Double Jeopardy Does Not Preclude Reassessment of Mental Capacity Claims Post-Atkins: Insights from Bies v. Warden Introduction David Bobby, Warden, Petitioner v. Michael Bies, 556 U.S. 825 (2009),...
Narrow Interpretation of 'Facilitate' in § 843(b): Misdemeanor Drug Purchases Excluded

Narrow Interpretation of 'Facilitate' in § 843(b): Misdemeanor Drug Purchases Excluded

Date: May 27, 2009
Narrow Interpretation of 'Facilitate' in § 843(b): Misdemeanor Drug Purchases Excluded Introduction The case of Salman Khade Abuelhawa v. United States, decided by the U.S. Supreme Court on May 26,...
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