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  • Commentaries
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U.S. Supreme Court Case Commentaries

Supreme Court Establishes ESA §7(a)(2) Applies Only to Discretionary Federal Actions

Supreme Court Establishes ESA §7(a)(2) Applies Only to Discretionary Federal Actions

Date: Jun 26, 2007
Supreme Court Establishes ESA §7(a)(2) Applies Only to Discretionary Federal Actions Introduction The United States Supreme Court delivered a landmark decision in National Association of Home...
TSSAA v. Brentwood Academy: Upholding Athletic Authority and Speech Regulation in School Sports

TSSAA v. Brentwood Academy: Upholding Athletic Authority and Speech Regulation in School Sports

Date: Jun 22, 2007
TSSAA v. Brentwood Academy: Upholding Athletic Authority and Speech Regulation in School Sports Introduction Tennessee Secondary School Athletic Association (TSSAA) v. Brentwood Academy is a landmark...
Tellabs v. Makor Issues & Rights, Ltd.: Defining 'Strong Inference' of Scienter under the Private Securities Litigation Reform Act

Tellabs v. Makor Issues & Rights, Ltd.: Defining 'Strong Inference' of Scienter under the Private Securities Litigation Reform Act

Date: Jun 22, 2007
Tellabs v. Makor Issues & Rights, Ltd.: Defining 'Strong Inference' of Scienter under the Private Securities Litigation Reform Act Introduction In Tellabs, Inc., et al., Petitioners v. Makor Issues &...
Rita v. United States: Appellate Presumption of Reasonableness for Guidelines Sentences

Rita v. United States: Appellate Presumption of Reasonableness for Guidelines Sentences

Date: Jun 22, 2007
Rita v. United States: Appellate Presumption of Reasonableness for Guidelines Sentences 1. Introduction Rita v. United States, 551 U.S. 338 (2007), is a pivotal United States Supreme Court case that...
Implied Preclusion of Antitrust Laws by Securities Law: Analysis of Credit Suisse Securities v. Billing

Implied Preclusion of Antitrust Laws by Securities Law: Analysis of Credit Suisse Securities v. Billing

Date: Jun 19, 2007
Implied Preclusion of Antitrust Laws by Securities Law: Analysis of Credit Suisse Securities v. Billing Introduction The Supreme Court case Credit Suisse Securities (USA) LLC, FKA Credit Suisse First...
Brendlin v. California: Establishing Passenger Seizure Under the Fourth Amendment

Brendlin v. California: Establishing Passenger Seizure Under the Fourth Amendment

Date: Jun 19, 2007
Brendlin v. California: Establishing Passenger Seizure Under the Fourth Amendment Introduction In the landmark case of Brendlin v. California, decided by the United States Supreme Court on June 18,...
Supreme Court Establishes Strict Appellate Limitations on Remand Orders under FSIA

Supreme Court Establishes Strict Appellate Limitations on Remand Orders under FSIA

Date: Jun 19, 2007
Supreme Court Establishes Strict Appellate Limitations on Remand Orders under FSIA Introduction In the landmark case Powerex Corp. v. Reliant Energy Services, Inc., et al. (551 U.S. 224, 2007), the...
Implied Preclusion of Antitrust Laws by Federal Securities Law in IPO Syndicate Practices

Implied Preclusion of Antitrust Laws by Federal Securities Law in IPO Syndicate Practices

Date: Jun 19, 2007
Implied Preclusion of Antitrust Laws by Federal Securities Law in IPO Syndicate Practices Introduction Credit Suisse Securities (USA) LLC v. Glen Billing et al., 551 U.S. 264 (2007), is a landmark...
Affirmative Authorization for Election-Related Union Expenditures in Public Sector Upheld

Affirmative Authorization for Election-Related Union Expenditures in Public Sector Upheld

Date: Jun 15, 2007
Affirmative Authorization for Election-Related Union Expenditures in Public Sector Upheld Introduction In Davenport v. Washington Education Association, 551 U.S. 177 (2007), the United States Supreme...
Jurisdictional Nature of Notice of Appeal Timeliness Reinforced in BOWLES v. RUSSELL

Jurisdictional Nature of Notice of Appeal Timeliness Reinforced in BOWLES v. RUSSELL

Date: Jun 15, 2007
Jurisdictional Nature of Notice of Appeal Timeliness Reinforced in BOWLES v. RUSSELL Introduction In the landmark case of Keith Bowles v. Harry Russell, Warden, 551 U.S. 205 (2007), the United States...
Foreign Sovereign Immunities Act: Tax Lien Exceptions Clarified in Permanent Mission of India v. City of New York

Foreign Sovereign Immunities Act: Tax Lien Exceptions Clarified in Permanent Mission of India v. City of New York

Date: Jun 15, 2007
Foreign Sovereign Immunities Act: Tax Lien Exceptions Clarified in Permanent Mission of India v. City of New York Introduction The landmark Supreme Court case, The Permanent Mission of India to the...
FSIA Exception Expanded to Tax Liens on Foreign State-Owned Property

FSIA Exception Expanded to Tax Liens on Foreign State-Owned Property

Date: Jun 15, 2007
FSIA Exception Expanded to Tax Liens on Foreign State-Owned Property Introduction The case of Permanent Mission of India to the United Nations et al. v. City of New York, New York, 551 U.S. 193...
Fry v. Pliler (2007): Establishing Brecht's 'Substantial and Injurious Effect' as the Standard for Prejudicial Impact in Federal Habeas Review

Fry v. Pliler (2007): Establishing Brecht's 'Substantial and Injurious Effect' as the Standard for Prejudicial Impact in Federal Habeas Review

Date: Jun 12, 2007
Fry v. Pliler (2007): Establishing Brecht's 'Substantial and Injurious Effect' as the Standard for Prejudicial Impact in Federal Habeas Review Introduction In John Francis Fry v. Cheryl K. Pliler,...
Philip Morris v. Watson: Defining 'Acting Under' in Federal Officer Removal

Philip Morris v. Watson: Defining 'Acting Under' in Federal Officer Removal

Date: Jun 12, 2007
Philip Morris v. Watson: Defining 'Acting Under' in Federal Officer Removal Introduction The United States Supreme Court case Philip Morris Companies, Inc., et al. v. Lisa Watson, et al. (551 U.S....
PRP Cost Recovery Under CERCLA: A New Precedent Established in United States v. Atlantic Research Corporation

PRP Cost Recovery Under CERCLA: A New Precedent Established in United States v. Atlantic Research Corporation

Date: Jun 12, 2007
PRP Cost Recovery Under CERCLA: A New Precedent Established in United States v. Atlantic Research Corporation Introduction United States v. Atlantic Research Corporation, 551 U.S. 128 (2007), is a...
Crown Paper Co. v. Pace International Union: Defining Permissible Pension Plan Terminations Under ERISA

Crown Paper Co. v. Pace International Union: Defining Permissible Pension Plan Terminations Under ERISA

Date: Jun 12, 2007
Crown Paper Co. v. Pace International Union: Defining Permissible Pension Plan Terminations Under ERISA Introduction In Crown Paper Co. v. Pace International Union, 551 U.S. 96 (2007), the United...
Philip Morris v. Watson: Defining the Scope of "Acting Under" in Federal Officer Removal Statutes

Philip Morris v. Watson: Defining the Scope of "Acting Under" in Federal Officer Removal Statutes

Date: Jun 12, 2007
Philip Morris v. Watson: Defining the Scope of "Acting Under" in Federal Officer Removal Statutes Introduction Philip Morris Companies, Inc. found itself at the center of a pivotal legal dispute in...
Merger Not Permissible as Termination Method under ERISA

Merger Not Permissible as Termination Method under ERISA

Date: Jun 12, 2007
Merger Not Permissible as Termination Method under ERISA Introduction The case of Jeffrey Beck, liquidating trustee of the Estates of Crown Vantage, Inc. and Crown Paper Company v. PACE International...
Supreme Court Upholds DOL's Third-Party Regulation in FLSA Companion Services Exemption

Supreme Court Upholds DOL's Third-Party Regulation in FLSA Companion Services Exemption

Date: Jun 12, 2007
Supreme Court Upholds DOL's Third-Party Regulation in FLSA Companion Services Exemption Introduction The case of Long Island Care at Home, Ltd., et al., Petitioners v. Evelyn Coke (No. 06-593) was...
Fry v. Pliler: Establishing Brecht Standard in Federal Habeas Corpus Review

Fry v. Pliler: Establishing Brecht Standard in Federal Habeas Corpus Review

Date: Jun 12, 2007
Fry v. Pliler: Establishing Brecht Standard in Federal Habeas Corpus Review Introduction Fry v. Pliler, 551 U.S. 112 (2007), is a landmark decision by the United States Supreme Court that clarifies...
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