Articles on U.S. Supreme Court

Sharing the Wealth: Student-Athletes After NCAA v. Alston By Margo Lynn Hablutzel Intellectual Property, December 2021 For decades, the National Collegiate Athletic Association (NCAA) had a simple rule: Student-athletes could not benefit financially from their skills on the playing field. Beginning with the “Sanity Code” in 1948 and continuing with some evolutions to 2021, the NCAA sought to limit the schools’ ability to offer financial incentives to preferred students. On June 21, the U.S. Supreme Court issued its unanimous decision in NCAA v. Alston, upholding injunctions based upon antitrust law which lifted limitations on certain payments by schools and conferences. 
U.S. Supreme Court Denies Certiorari on Illinois Oil & Gas Case By Craig R. Hedin Mineral Law, June 2021 The U.S. Supreme Court recently denied a writ of certiorari in a case in which the validity of a regulatory takings claim by reason of the Hydraulic Fracturing Regulatory Act was at issue.
Nonsignatory to International Arbitration Agreement May Be Allowed to Compel Arbitration By Kristen E. Hudson & Luis A. Hille International and Immigration Law, February 2021 In GE Energy v. Outokumpu, the U.S. Court held that a nonsignatory to a written agreement containing an arbitration clause may avail itself of state law doctrines to compel arbitration where a signatory to the written agreement must rely on the terms of that agreement in asserting claims against the nonsignatory.
Supreme Court Immigration Docket 2020-2021 By Prof. Cindy G. Buys International and Immigration Law, February 2021 Summaries of major immigration law cases on the U.S. Supreme Court's docket for the 2020-21 term.
Nonsignatory to International Arbitration Agreement May Be Allowed to Compel Arbitration By Kristen E. Hudson & Luis A. Hille Alternative Dispute Resolution, January 2021 In GE Energy v. Outokumpu, the U.S. Court held that a nonsignatory to a written agreement containing an arbitration clause may avail itself of state law doctrines to compel arbitration where a signatory to the written agreement must rely on the terms of that agreement in asserting claims against the nonsignatory.
Justice Ginsburg – Her Legacy and Impact By Natali P. Thomas Local Government Law, December 2020 A look at the life of former U.S. Supreme Court Justice Ruth Bader Ginsburg.
Justice Ginsburg – Her Legacy and Impact By Natali P. Thomas Young Lawyers Division, November 2020 A look at the life of former U.S. Supreme Court Justice Ruth Bader Ginsburg.
Supreme Court Holds SEC Has Disgorgement Authority, Within Certain Limits By John R. Schleppenbach Business and Securities Law, October 2020 The U.S. Supreme Court recently affirmed the disgorgement power of the Securities and Exchange Commission in an 8-1 decision in June.
U.S. Supreme Court to Hear Argument on Arbitrability Issues in Henry Schein Matter By John R. Schleppenbach Alternative Dispute Resolution, October 2020 The United States Supreme Court will hear argument on December 8, 2020, in a matter that could potentially resolve important issues of arbitrability.
Bostock: The Textualism Fights By Aaron B. Maduff Federal Civil Practice, September 2020 On June 15, 2020, the U.S. Supreme Court held that sexual orientation discrimination in employment is prohibited by Title VII in Bostock v. Clayton County, Georgia and Altitude Express, Inc., v. Zarda.
Free Speech and Soliciting Aliens to Violate Immigration Law: U.S. v. Sineneng Smith By Patrick M. Kinnally International and Immigration Law, September 2020 A summary of U.S. v. Sineneng Smith, which looks at whether a federal law criminalizing the act of encouraging or inducing illegal immigration for commercial advantage or private financial gain is unconstitutional on its face.
Copyright of Laws and Public Works Redux: Georgia et al. v. Public.Resource.Org in the Supreme Court By Peter J. Orlowicz Government Lawyers, August 2020 In April, the U.S. Supreme Court reviewed Code Revision Commission v. Public.Resource.Org: and decided that the Government Edicts Doctrine places Georgia’s official state code outside the realm of copyright protection.
Let’s Talk About ‘Sex’: SCOTUS Delivers Title VII Landmark Ruling By Azar Alexander & Joy Anderson Bench and Bar, July 2020 On June 15, the United State Supreme Court directly and unequivocally answered the question of whether an employer can terminate an employee for their sexual orientation and/or gender identity.
SCOTUS Provides Guidance for Determining a Child’s ‘Habitual Residence’ Under the Hague Convention By Stephanie A. Capps Family Law, May 2020 The Supreme Court of the United States recently issued an opinion holding that an actual agreement between the parties is not necessary to determine a child’s “habitual residence” under the Hague Convention.
U.S. Supreme Court addresses state income taxation of trusts in Kaestner By Oliver R. Merrill Trusts and Estates, July 2019 On June 21, 2019, the U.S. Supreme Court issued its decision in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, which considered whether the Due Process Clause of the Fourteenth Amendment prohibits states from taxing trusts based on trust beneficiaries’ in-state residency.
U.S. Supreme Court holds class arbitration cannot be ordered absent an express agreement By Jay Schleppenbach Alternative Dispute Resolution, July 2019 The U.S. Supreme Court concluded in Lamps Plus, Inc. v. Varela that class arbitration cannot be compelled where the arbitration agreement is not silent but rather ambiguous about the availability of such arbitration.
The census citizenship question By Bhavani Raveendran Human and Civil Rights, June 2019 In April, the U.S. Supreme Court considered whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 census.
Timbs v. Indiana: U.S. Supreme Court rules unanimously it’s unconstitutional for states to impose excessive fines By Ronald S. Langacker Human and Civil Rights, March 2019 Civil forfeiture clauses are common in many states, which sometimes rely on them as a revenue stream for local police departments. However, this creates an incentive for law enforcement to selectively make arrests based upon the potential funding. Timbs v. Indiana puts an effective end to this practice.
SCOTUS overrules Abood in Janus v. AFSCME By Carlos S. Arévalo Local Government Law, September 2018 In June, the U.S. Supreme Court issued its decision in Janus v. AFSCME, which stemmed from an appeal over the dismissal of a complaint that sought to invalidate agency fees and to reverse the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.
SCOTUS overrules Abood in Janus v. AFSCME By Carlos S. Arévalo Labor and Employment Law, September 2018 In June, the U.S. Supreme Court issued its decision in Janus v. AFSCME, which stemmed from an appeal over the dismissal of a complaint that sought to invalidate agency fees and to reverse the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.
Should you seek admission to practice before the Supreme Court of the United States of America? By Khara Coleman Racial and Ethnic Minorities and the Law, June 2017 There is no age requirement—admission is available to any lawyer admitted to practice in one of the United States, young or old. Each applicant must identify two sponsors who have already been admitted to the SCOTUS bar.
Our flag was still there By Daniel A. Cotter Bench and Bar, August 2013 The October 2012 Term of the United States Supreme Court has just wrapped up—A brief summary of the major decisions of the nation's highest Court.
Should the Supreme Court be televised? By Meghan Steinbeiss Alternative Dispute Resolution, May 2012 It is not probable that we will ever see the full operations of the Supreme Court as the Justices hold the final vote in whether or not their activities will be televised.
Supreme Court grants arbitrators more power By Joshua Bailey Alternative Dispute Resolution, October 2010 Since Section 2 of the Federal Arbitration Act states that such clauses are “valid, irrevocable, and enforceable” without mentioning the validity of the agreement as a whole, the U.S. Supreme Court ruled that a challenge to the whole agreement must be decided by the arbitrator.
A true rightward turn? The current U.S. Supreme Court term and the 2008 elections By Tom Goldstein Human and Civil Rights, January 2008 Following the completion of the 2006 Term, liberal advocacy groups raised alarm about conservative rulings from the Supreme Court.
Recent United States Supreme Court decisions By Mary Lee Leahy Human and Civil Rights, February 2000 I remember where I was--I was getting out of my car to go into the Illinois Supreme Court Library--when I heard on the radio that the court had decided Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996).
U.S. Supreme Court rules on new value (or does it?) By John C. Murray Commercial Banking, Collections, and Bankruptcy, December 1999 In an 8-1 opinion issued on May 3, 1999, the U.S. Supreme Court held in Bank of America National Trust & Savings Association v. 203 N. LaSalle Street Partnership, ___U.S.___, 119 S.Ct. 1141 (1999), that old equity holders were disqualified from participating in a "new value" bankruptcy reorganization plan over the objection of a senior class of impaired creditors, where the opportunity to contribute new capital and receive ownership interests in the reorganized entity was given exclusively to old equity holders without consideration of alternatives.
From the United States Supreme Court By Donald C. Hudson Criminal Justice, November 1999 Accused's Sixth Amendment right to confront witnesses was violated by admitting into evidence at his trial a non-testifying accomplice's confession that contained some statements against the accomplice's penal interest and others that inculpated the accused.
U.S. Supreme Court clarifies issues concerning automobile searches – Knowles v. Iowa and Wyoming v. Houghton By Michele M. Jochner General Practice, Solo, and Small Firm, August 1999 During its 1998-1999 term, the United States Supreme Court reviewed important yet unresolved issues regarding automobile searches and seizures.
From the United States Supreme Court By Donald C. Hudson Criminal Justice, July 1999 Police officers may search a passenger's personal belongings inside an automobile when they have probable cause to believe the automobile contains contraband.

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