Section Newsletters

Articles on U.S. Supreme Court

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 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 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 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.
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.
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 Rights, January 2008 Following the completion of the 2006 Term, liberal advocacy groups raised alarm about conservative rulings from the Supreme Court.

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