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  • Commentaries
  • Judgments

U.S. Supreme Court Case Commentaries

Supreme Court Overrules MICHIGAN v. JACKSON: Redefining Sixth Amendment Protections

Supreme Court Overrules MICHIGAN v. JACKSON: Redefining Sixth Amendment Protections

Date: May 27, 2009
Supreme Court Overrules MICHIGAN v. JACKSON: Redefining Sixth Amendment Protections Introduction In the landmark case of Jesse Jay Montejo v. Louisiana, the United States Supreme Court delivered a...
Limiting the Scope of §843(b) of the Controlled Substances Act: Abuelhawa v. United States

Limiting the Scope of §843(b) of the Controlled Substances Act: Abuelhawa v. United States

Date: May 27, 2009
Limiting the Scope of §843(b) of the Controlled Substances Act: Abuelhawa v. United States Introduction Abuelhawa v. United States, 556 U.S. 816 (2009), is a significant Supreme Court decision that...
Supremacy Clause Violation: State Limits on Federal §1983 Claims in HAYWOOD v. DROWN

Supremacy Clause Violation: State Limits on Federal §1983 Claims in HAYWOOD v. DROWN

Date: May 27, 2009
Supremacy Clause Violation: State Limits on Federal §1983 Claims in HAYWOOD v. DROWN Introduction The United States Supreme Court case HAYWOOD v. DROWN et al., 556 U.S. 729 (2009), addresses a...
Reinforcement of Pleading Standards in Bivens Actions: Iqbal v. Ashcroft

Reinforcement of Pleading Standards in Bivens Actions: Iqbal v. Ashcroft

Date: May 19, 2009
Reinforcement of Pleading Standards in Bivens Actions: Iqbal v. Ashcroft Introduction The landmark case Iqbal v. Ashcroft, decided by the United States Supreme Court on May 18, 2009, addresses...
Preservation of Bona Fide Seniority Systems under the Pregnancy Discrimination Act: AT&T Corp. v. Hulteen

Preservation of Bona Fide Seniority Systems under the Pregnancy Discrimination Act: AT&T Corp. v. Hulteen

Date: May 19, 2009
Preservation of Bona Fide Seniority Systems under the Pregnancy Discrimination Act: AT&T Corp. v. Hulteen Introduction AT&T Corp. v. Hulteen et al. (556 U.S. 701) is a significant Supreme Court case...
Burlington Northern and Santa Fe Railway Co. v. United States: Defining Arranger Liability Under CERCLA

Burlington Northern and Santa Fe Railway Co. v. United States: Defining Arranger Liability Under CERCLA

Date: May 5, 2009
Burlington Northern and Santa Fe Railway Co. v. United States: Defining Arranger Liability Under CERCLA 1. Introduction The Supreme Court case Burlington Northern and Santa Fe Railway Company, et...
Clarifying 'Arranger' Liability under CERCLA: Shell Oil Company v. United States

Clarifying 'Arranger' Liability under CERCLA: Shell Oil Company v. United States

Date: May 5, 2009
Clarifying 'Arranger' Liability under CERCLA: Shell Oil Company v. United States Introduction The case of Burlington Northern and Santa Fe Railway Company, et al., Petitioner, v. United States et al....
Carlsbad Technology v. HIF Bio: Clarifying Appellate Review of Remand Orders under 28 U.S.C. §§ 1447(c) & (d)

Carlsbad Technology v. HIF Bio: Clarifying Appellate Review of Remand Orders under 28 U.S.C. §§ 1447(c) & (d)

Date: May 5, 2009
Carlsbad Technology v. HIF Bio: Clarifying Appellate Review of Remand Orders under 28 U.S.C. §§ 1447(c) & (d) Introduction Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U.S. 635 (2009), is a...
Knowingly Recognizing Ownership: Flores–Figueroa Establishes Precedent for Knowledge of Identification Ownership in Aggravated Identity Theft

Knowingly Recognizing Ownership: Flores–Figueroa Establishes Precedent for Knowledge of Identification Ownership in Aggravated Identity Theft

Date: May 5, 2009
Knowingly Recognizing Ownership: Flores–Figueroa Establishes Precedent for Knowledge of Identification Ownership in Aggravated Identity Theft Introduction The case of Ignacio Carlos Flores–Figueroa...
Supplemental Jurisdiction Remand Review in Carlsbad Technology, Inc. v. HIF Bio, Inc.

Supplemental Jurisdiction Remand Review in Carlsbad Technology, Inc. v. HIF Bio, Inc.

Date: May 5, 2009
Supplemental Jurisdiction Remand Review in Carlsbad Technology, Inc. v. HIF Bio, Inc. (556 U.S. 635) Introduction Carlsbad Technology, Inc., Petitioner v. HIF Bio, Inc., et al. is a pivotal United...
Expansion of Appellate Jurisdiction and Third-Party Arbitration Enforcement under the Federal Arbitration Act: Arthur Andersen LLP v. Carlisle

Expansion of Appellate Jurisdiction and Third-Party Arbitration Enforcement under the Federal Arbitration Act: Arthur Andersen LLP v. Carlisle

Date: May 5, 2009
Expansion of Appellate Jurisdiction and Third-Party Arbitration Enforcement under the Federal Arbitration Act: Arthur Andersen LLP v. Carlisle Introduction In the landmark case Arthur Andersen LLP,...
Expansion of Federal Arbitration Act §3 Applicability to Non-Party Litigants

Expansion of Federal Arbitration Act §3 Applicability to Non-Party Litigants

Date: May 5, 2009
Expansion of Federal Arbitration Act §3 Applicability to Non-Party Litigants Introduction In the landmark case of Arthur Andersen LLP, et al. v. Wayne Carlisle et al., the United States Supreme Court...
Supreme Court Establishes Knowledge Requirement for Aggravated Identity Theft

Supreme Court Establishes Knowledge Requirement for Aggravated Identity Theft

Date: May 5, 2009
Supreme Court Establishes Knowledge Requirement for Aggravated Identity Theft Introduction In the landmark case of Ignacio Carlos Flores-Figueroa v. United States, the United States Supreme Court...
Limiting ‘Arranger’ Liability and Upholding Apportionment Under CERCLA: Analysis of Burlington Northern Santa Fe Railway Co. v. United States

Limiting ‘Arranger’ Liability and Upholding Apportionment Under CERCLA: Analysis of Burlington Northern Santa Fe Railway Co. v. United States

Date: May 5, 2009
Limiting ‘Arranger’ Liability and Upholding Apportionment Under CERCLA: Analysis of Burlington Northern Santa Fe Railway Co. v. United States Introduction The case of Burlington Northern Santa Fe...
No Intent Required for Mandatory 10-Year Sentence Under 18 U.S.C. §924(c)(1)(A)(iii): Dean v. United States

No Intent Required for Mandatory 10-Year Sentence Under 18 U.S.C. §924(c)(1)(A)(iii): Dean v. United States

Date: Apr 30, 2009
No Intent Required for Mandatory 10-Year Sentence Under 18 U.S.C. §924(c)(1)(A)(iii): Dean v. United States Introduction Dean v. United States, 556 U.S. 568 (2009), addressed a critical aspect of...
No Intent Required for Enhanced Sentencing under 18 U.S.C. § 924(c)(1)(A)(iii)

No Intent Required for Enhanced Sentencing under 18 U.S.C. § 924(c)(1)(A)(iii)

Date: Apr 30, 2009
No Intent Required for Enhanced Sentencing under 18 U.S.C. § 924(c)(1)(A)(iii) Christopher Michael Dean v. United States, 556 U.S. 568 (2009) Introduction The United States Supreme Court case...
Ventris v. Kansas: Admissibility of Illegally Obtained Statements for Impeachment

Ventris v. Kansas: Admissibility of Illegally Obtained Statements for Impeachment

Date: Apr 30, 2009
Ventris v. Kansas: Admissibility of Illegally Obtained Statements for Impeachment Introduction Ventris v. Kansas, 556 U.S. 586 (2009), is a landmark decision by the U.S. Supreme Court that addresses...
FCC v. Fox Television Stations: Upholding Stringent Indecency Enforcement as Non-Arbitrary Under the APA

FCC v. Fox Television Stations: Upholding Stringent Indecency Enforcement as Non-Arbitrary Under the APA

Date: Apr 29, 2009
FCC v. Fox Television Stations: Upholding Stringent Indecency Enforcement as Non-Arbitrary Under the APA Introduction In Federal Communications Commission v. Fox Television Stations, Inc., 556 U.S....
Procedural Default and Brady Material in Federal Habeas: Supreme Court's Ruling in CONE v. BELL

Procedural Default and Brady Material in Federal Habeas: Supreme Court's Ruling in CONE v. BELL

Date: Apr 29, 2009
Procedural Default and Brady Material in Federal Habeas: Supreme Court's Ruling in CONE v. BELL Introduction CONE v. BELL is a significant case adjudicated by the United States Supreme Court in 2009....
Federal Habeas Review Upholds Merits of Brady Claims When State Courts Fail to Address Them: CONE v. BELL

Federal Habeas Review Upholds Merits of Brady Claims When State Courts Fail to Address Them: CONE v. BELL

Date: Apr 29, 2009
Federal Habeas Review Upholds Merits of Brady Claims When State Courts Fail to Address Them: CONE v. BELL Introduction Gary Bradford Cone, a Vietnam veteran, was convicted and sentenced to death for...
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