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July 10, 2014

Checking In With SCOTUS Term 2014: Civil Procedure, IFPs and Flying Pigs?

It's time to bid a fond farewell to the Supreme Court's 2013-2014 term. But as we usher out Hobby Lobby, Aereo and McCutcheon, so we must welcome in a new crop of cases, and wonder just what the justices have in store for us come October. So far, the list includes prison beards, Facebook threats and fish shredding…so just a hunch, it should be pretty interesting!

July 8, 2014

#SCOTUSchat: U.S. Law Week Hosts End-of-Term Twitter Chat With Distinguished Supreme Court Twitterati

On Wednesday, July 2, U.S. Law Week took to the Twitter-verse to talk about the U.S. Supreme Court's most recent term. We were joined by a group of well-known court watchers who analyzed the most important rulings, chatted about cameras in the courtroom and other issues facing the justices, and looked ahead to identify the cases that will shape the 2014-2015 term.

July 1, 2014

SCOTUS on Twitter: Orders, July 1, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 30, 2014

SCOTUS on Twitter: Orders & Opinions, June 30, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 26, 2014

SCOTUS on Twitter: Opinions, June 26, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 25, 2014

SCOTUS on Twitter: Opinions, June 25, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 23, 2014

SCOTUS on Twitter: Orders & Opinions, June 23, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 19, 2014

‘People Search Engine’ Spokeo Hopes SCOTUS Finds It in the Crowd

Privacy is one of the hottest legal topics out there right now, and when it comes to "people search engine" Spokeo, there are privacy issues in spades. But the company's current fight at the Supreme Court comes down to the old tried-and-true issue of standing and whether misrepresenting someone's education and experience causes any actual harm. So sit back, stay tuned and see how long you can resist looking yourself up on Spokeo! 

June 19, 2014

SCOTUS on Twitter - June 19, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 16, 2014

Creditor Can Hunt for Argentina's Assets in Global Discovery Dispute Seeking $2.5 Billion

Today, the Supreme Court held that the Foreign Sovereign Immunities Act does not immunize a foreign-sovereign judgment debtor from post-judgment discovery of information concerning its extraterritorial assets. Additional security on judgment enforcement may make it easier for financially strapped countries to attract U.S. investors. 

June 16, 2014

SCOTUS on Twitter - June 16, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 12, 2014

SCOTUS on Twitter - June 12, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 10, 2014

Prison Beards Get Backing of Bishops, Ex-Cons and Tocqueville

Facial hair has things all stirred up over at the Supreme Court. Specifically, religious groups and a host of others have been filing briefs in support of one Arkansas inmate’s challenge to the state’s “no beard” policy on religious freedom grounds. Throw in a handwritten cert petition and a law professor facing questions about his past representations, and you’ve got the makings for a real page-turner at SCOTUS.

June 9, 2014

SCOTUS on Twitter - June 9, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

June 2, 2014

Justices Say Wife's Effort to Poison Rival Didn't Violate Federal Chemical-Weapon Law

The federal antiterrorism law that makes it illegal to stockpile or use chemical weapons was not properly invoked to prosecute a woman who tried to poison her husband's mistress, the Supreme Court ruled today. The decision avoids the larger constitutional question of whether Congress can use treaties and the Constitution's necessary and proper clause to intrude into matters of local criminal conduct.

June 2, 2014

SCOTUS on Twitter - June 2, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

May 27, 2014

SCOTUS on Twitter - May 27, 2014

This morning's coverage of events at the U.S. Supreme Court by U.S. Law Week via Twitter.

May 21, 2014

Supreme Court Justices Just ‘Junior Varsity Politicians’? Breyer Talks State of Legal Profession at ALI Dinner

Law students often see judges as "junior varsity politicians," U.S. Supreme Court Justice Stephen G. Breyer told a dinner audience last night at the American Law Institute's annual meeting. And there are lots of people who wouldn't mind a job as a junior league politician. So, if the legal profession doesn't have an answer to this problem, it better find one, Breyer told a group of lawyers, judges and academics over coffee and dessert.

May 20, 2014

Punches and Puns: The Supreme Court’s Decision in Petrella v. MGM

Sick of all the boxing references following the U.S. Supreme Court's decision in Petrella v. MGM, aka the Raging Bull case? If yes, then for your own safety and mental health, DON'T READ ANY FURTHER! But if you've got a strong chin and you like your legal news heavy on sports metaphors, then, by all means, step into the ring!

May 6, 2014

What’s Your State’s Official Religion?

There's a bumper sticker that says "Barbecue is my religion." Just a guess, but it's probably pretty popular in Texas. Floridians are often dubbed sun worshippers.  In the rarest of rare events, if the Red Sox, Celtics, Patriots and Bruins all win on the same day, the entire state of Massachusetts whispers "Hallelujah" in perfect unity. The "Church of Baseball" may not find adherents throughout the entire state of North Carolina, but it has a major foothold in the greater Durham area. These kinds of "unofficial" state religions don't raise too many eyebrows, but the idea of an "official," state-sanctioned theology strikes many as odd or even terrifying. On Monday, however, in a concurring opinion supporting the U.S. Supreme Court's endorsement of legislative prayer in Town of Greece v. Galloway, Justice Clarence Thomas defended the proposition that states reserve the power to "establish" their own religions even in the face of the First Amendment.

May 5, 2014

Town's Overtly Christian Legislative Prayer Upheld by High Court as `Unbroken' Tradition

The town of Greece, N.Y., did not violate the establishment clause when it invited predominately Christian clergy to open its monthly board meetings, the Supreme Court holds. The Court rejects contention that prayers opening legislative sessions must be nonsectarian to comport with the First Amendment.

April 29, 2014

Does Navarette Show Scalia’s Evolution on the Fourth Amendment?

Justice Scalia seemed to steal the show April 22 with his dissent in the Fourth Amendment case Navarette v. California, criticizing the majority for weakening protections against unreasonable searches and seizures. But this time, his opinion comes with some baggage—namely, a 2009 dissent from denial of cert written by Chief Justice Roberts and joined by Scalia that looks like a precursor to the majority opinion in Navarette. Did Scalia simply mean to express his desire that the court take up the issue of stopping suspects based on anonymous tips, or is the 4.5-year-old opinion evidence of a sea change in Scalia's thinking on the issue?

April 28, 2014

I Once Caught a Fish Thiiiiis…Small?

Boy have I got a fish story for you! On Monday, April 28, the U.S. Supreme Court agreed to hear the case of a fisherman convicted of violating Sarbanes-Oxley for tossing back undersized grouper and replacing them with longer fish.

April 25, 2014

Supreme Court Preview: We Apologize if This Podcast is ‘Insolubly Ambiguous’

The U.S. Supreme Court is set to wrap up its oral arguments next week in a term that has been unusually heavy in IP and patent-related cases. Two of those patent cases, Nautilus v. Biosig Instruments and Limelight Networks v. Akamai Technologies, are scheduled for argument on Monday and Wednesday respectively. Tony Dutra joins us for a preview of the cases, which cover patent claims involving heart rate monitors and a content delivery system that keeps the Internet from breaking down.

April 24, 2014

Supreme Court Preview: They May Search My Smokes, but They’ll Never Search My Smartphone

Can searching a crumpled up pack of cigarettes really be the same as searching a cell phone that displays a call history, text messages and pictures? That's the question facing the U.S. Supreme Court as they get ready to hear arguments in United States v. Wurie and Riley v. California on Tuesday, April 29. Hugh Kaplan talks to us about searches "incident to arrest," the Fourth Amendment and some possible outcomes in Tuesday's cases.

April 22, 2014

Voters' Rejection of Race-Based Preferences in Michigan Affirmed by Split Supreme Court

The Supreme Court holds that Michigan's voter-approved constitutional amendment that prevents the state from using "race, sex, color, ethnicity, or national origin" to "grant preferential treatment" to any individual seeking "public employment, public education, or public contracting," does not violate the equal protection clause of the U.S. Constitution. Under the plurality opinion, states can implement affirmative action programs but they are not required to and can even do away with already existing programs if they so desire.

April 16, 2014

Supreme Court Preview: Do CERCLA’s Limitations Machinations Suppose Repose? (Got That?)

On Wednesday, April 23, the U.S. Supreme Court will hear arguments in CTS Corp. v. Waldburger. The case takes a look at whether the federal Superfund law treats state statutes of limitations and statutes of repose as one in the same. Perry Cooper from BBNA's Toxics Law Reporter is here for a preview.

April 16, 2014

Supreme Court Preview: This Is How Rube Goldberg Would Watch TV

More and more, Americans consume TV and other video content online. On Tuesday, April 22, the U.S. Supreme Court will hear arguments in ABC v. Aereo, a case that looks at whether capturing over-the-air broadcasts and streaming them to subscribers over the Internet violates federal copyright law. U.S. Law Week's lead Supreme Court reporter Kimberly Robinson gives us a preview of the case.

April 16, 2014

Supreme Court Preview: I Cannot Tell a Lie (There’s an Election Going On)

A case that has already garnered the attention of political satirists and the ACLU, Susan B. Anthony List v. Driehaus has even managed to pit the Ohio attorney general against himself. On April 22, the U.S. Supreme Court will hear arguments over an Ohio law criminalizing false statements meant to influence elections. Patrick Gregory joins us for a preview of the case, from the First Amendment, freedom of speech arguments at its core, to the standing and ripeness issues on the surface.

April 16, 2014

Supreme Court Preview: In Search of Discovery Under the FSIA

U.S. courts have held that Argentina owes NML Capital billions of dollars. But the problem of executing those judgments is a tricky one where the assets of a foreign sovereign are the target. On Monday, April 21, the U.S. Supreme Court will hear arguments over the scope of post-judgment discovery available to NML in the fund's bid to track down as many Argentinean assets as it can, whether or not it can actually go after them under U.S. law.

April 7, 2014

Republic of Argentina v. NML Capital, Ltd.: The Overlooked Solution to the FSIA Post-Judgment Discovery Problem

With the U.S. Supreme Court set to address the authority of federal courts to issue post-judgment discovery in aid of judgment or execution in cases under the FSIA, Wiley Rein attorney Brendan J. Morrissey suggests that the answer to the issue before the court is in the federal rules. In particular, he says that the general discovery limits of Federal Rule of Civil Procedure 26 should set the parameters of permissible post-judgment discovery "in all cases." That reasoning will resolve the FSIA issue before the court and provide clarity in all post-judgment proceedings, he says.

March 28, 2014

Supreme Court Preview: Just Add Computer? SCOTUS Processes 'Computer-Implemented' Inventions

It's been a big term for the U.S. Supreme Court when it comes to patent law. But Alice Corp. v. CLS Bank Int'l may just be a cut above. The case, which some have predicted could spell the end for software patents in the U.S., sees the court taking another look at Section 101 of the Patent Act and asking: "What kinds of 'inventions' are eligible for patent protections?"  

March 27, 2014

‘Et tu, Breyer?’ Lessons From Antiquity on Protecting the President

Secret Service = good; Praetorian Guard = bad. That's the analogy Justice Breyer used during yesterday's Supreme Court arguments in Wood v. Moss, over allegations that two Secret Service agents protecting former President George W. Bush violated the First Amendment rights of protesters by moving them away from the president. Legal Editor Jeff Koelemay covered the argument and took a moment to recount Breyer's historical aside.

March 26, 2014

My Hobby Lobby Day at SCOTUS: Inside & Out

Wind and snow on the plaza of the U.S. Supreme Court gave way to heated debate in the courtroom, as the justices took up two cases challenging Obamacare's "contraceptive mandate." Law Week's lead SCOTUS reporter Kimberly Robinson gives her take on the scene yesterday, shares some pictures and recaps the day that was Hobby Lobby.

March 24, 2014

Some People Really Need to Get a Hobby

Seats for arguments in high profile cases at the U.S. Supreme Court can be very hard to come by. That's why some people choose to camp out on the sidewalk near SCOTUS to try and ensure that they get to witness history. The line for the Hobby Lobby and Conestoga contraceptive mandate cases formed on Friday. With snow predicted tonight, it could be a long wait until arguments commence tomorrow at 10:00 am.

March 21, 2014

Supreme Court Preview: Bush’s Decision to Dine Al Fresco Sparks Secret Service Fiasco

How far should courts be willing to extend immunity to Secret Service agents accused of herding protesters away from former President George W. Bush, where the protesters allege that the relocation was due to their anti-Bush sentiment? Wood v. Moss, set for argument at the U.S. Supreme Court on March 26, pits the First Amendment and freedom of speech against perhaps the greatest national security interest faced by the U.S.—protecting the life of the president.

March 20, 2014

Supreme Court Preview: Birth Control Is the Next Front in Obamacare’s Legal Battles

Obamacare’s “contraceptive mandate,” the legal and regulatory requirement that company-sponsored health plans provide coverage for birth control free of charge, comes under the microscope Tuesday at the U.S. Supreme Court. At the root of the debate is a fundamental question of constitutional law: Do corporations have and can they exercise religious rights under the First Amendment? Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. hope that SCOTUS will find that such rights not only exists, but that the government has violated them by way of the birth control requirement. Kimberly Robinson sits down with us for an audio preview of the case.  

March 20, 2014

Supreme Court Preview: Do IRA’s Experience Life After Death?

The U.S. Supreme Court will hear arguments on Monday, March 24, in Clark v. Rameker, a case that incorporates elements of bankruptcy, estate and tax law all in one. The parties want SCOTUS to decide if an inherited IRA can be accessed by creditors when the beneficiary declares bankruptcy. Patrick Gregory is here to give us a preview of the case and the legal issues involved.

March 18, 2014

Call It the ‘MacGyver’ Fix: Aluminum Foil May Solve Cell Phone Search Dilemma.

Can the problem of warrantless cell phone searches be solved with nothing more than a sheet of aluminum foil? A group of law professors thinks so, and they argue in an amicus brief to the U.S. Supreme Court that allowing such searches would overlay legal rules from the "world of typewriters and carbon paper" onto digital devices that can put thousands of documents in the palm of your hand. The brief comes as SCOTUS gets ready to hear arguments in Riley v. California and United States v. Wurie on April 29.

March 13, 2014

High-Tech Companies Want Justices' Heads in the Cloud Before Aereo

A pair of intellectual property cases set for argument at the U.S. Supreme Court in April have prompted some of the nation's leading technology companies to file briefs warning the justices that their decisions in ABC v. Aereo and Nautilus v. Biosig Instruments could have a tremendous impact on innovation, particularly in the field of cloud computing.

March 11, 2014

Supreme Court Refuses to Hear 'I Heart Boobies!' Case

The U.S. Supreme Court on Monday, March 10, declined to hear a case about students at a Pennsylvania middle school who wore bracelets with the slogan "I heart boobies!" in support of breast cancer awareness. The case raised issues of how to weigh students' First Amendment rights against a school's ability to address lewd speech.

February 28, 2014

Supreme Court Preview: Halliburton Case Goes to the Heart of Securities Class Actions

The question of whether securities class actions will survive the U.S. Supreme Court's current term may seem farfetched, but it's one that some people are starting to ask. As SCOTUS gets set to tackle Halliburton Co. v. Erica P. John Fund, Inc., we're joined by Phyllis Diamond for a preview of the March 5 arguments and a look at the future of the fraud-on-the-market theory.  

February 28, 2014

Supreme Court Preview: Is IQ Alone Enough to Determine Life or Death?

Can someone with an IQ above 70 be considered "mentally retarded" and therefore ineligible for the death penalty under the Eighth Amendment? That's the question for the U.S. Supreme Court in Hall v. Florida, set to be argued on Monday, March 3. Hugh Kaplan previews the case for us ahead of the arguments at SCOTUS.

February 25, 2014

Generals and Lawyers and Bears (at the Supreme Court) -- Oh My!

Following the arguments in yesterday's greenhouse gas cases (Utility Air Regulatory Group v. EPA), the petitioners' attorneys enjoyed some sunny weather on the Supreme Court plaza, along with some interesting wildlife not native to SCOTUS.

February 21, 2014

Halftime at the Supreme Court: Tom Goldstein Talks SCOTUS

SCOTUSblog's Tom Goldstein, U.S. Law Week and Bloomberg BNA teamed up on Wednesday, Feb. 19, to bring you "Halftime at the Supreme Court," a webinar covering the court's October 2013 term at the mid-way point. Same-sex marriage, gun rights, affirmative action, recess appointments and big name SCOTUS cases like Hobby Lobby and Halliburton were all part of the hour-long discussion, available here.

February 20, 2014

Highmark and Octane: Supreme Court Argument Preview

Is awarding attorneys' fees an effective way to combat the problem of abusive patent litigation conducted by entities often referred to as "patent trolls"? The availability of such awards, and the standard by which the Federal Circuit reviews them, are up for debate at the U.S. Supreme Court in Highmark v. Allcare Health Management Systems and Octane Fitness v. Icon Health & Fitness.

February 20, 2014

Greenhouse Gas (GHG) Cases: Supreme Court Argument Preview

When EPA began regulating greenhouse gas emissions from the tailpipes of cars and other mobile sources, did the agency force itself into regulating GHG emissions from stationary sources, such as power plants and factories? The U.S. Supreme Court will tackle this question on Monday, Feb. 24, when it hears arguments in Utility Air Regulatory Group v. EPA. 

February 11, 2014

A Few Pictures From SCOTUS

A few pictures I snapped at the U.S. Supreme Court while justices were away on their mid-term recess. There's a lot to see there for anyone interested in the court's history.

January 27, 2014

Supreme Court Heads Into Mid-Term Recess

The U.S. Supreme Court heads into it's mid-term recess. The justices will be back on the bench Feb. 24.

January 17, 2014

Supreme Court Argument Preview: Petrella v. MGM

The justices of the U.S. Supreme Court get ready to go a couple of rounds with attorneys in a case concerning the rights to the classic film "Raging Bull."

January 17, 2014

Supreme Court Argument Preview: Navarette v. California

What's the value of an anonymous tip? That's the question facing the Supreme Court in Navarette v. California, a Fourth Amendment search and seizure case set to be argued Jan. 21, 2014.

January 15, 2014

Abortion Protest Case at Supreme Court

Pictures from the Supreme Court on the day of oral arguments in McCullen v. Coakley, a free speech case about the ability to protest at abortion clinics.

January 14, 2014

No Jurisdiction in California Over Daimler for Alleged Human Rights Abuses in Argentina

Today, the Supreme Court held that DaimlerChrysler, a foreign corporation, is not subject to general personal jurisdiction in California, for conduct allegedly committed by a subsidiary in Argentina. Foreign companies must have more of a connection to a state than Daimler had before foreign plaintiffs can sue the foreign parent company in a U.S. court about alleged misconduct of a subsidiary abroad.

January 13, 2014

Sunny Day at SCOTUS

Some new--and bright--pictures from the Supreme Court.

January 10, 2014

Supreme Court Argument Preview: U.S. v. Quality Stores

Nothing in this world is certain, except death and taxes. But what about FICA taxes? And what about FICA taxes on severance payments made by a company closing up shop? We take a look at United States v. Quality Stores ahead of arguments at the Supreme Court.

January 10, 2014

Supreme Court Argument Preview: EBIA v. Arkison

The legacy of Anna Nicole Smith will be front and center when the Supreme Court hears arguments in Arkison, a bankruptcy case that looks to resolve questions left unanswered by the court's landmark decision in Stern v. Marshall, which involved the estate of the late model/actress.

January 9, 2014

Supreme Court Argument Preview: NLRB v. Noel Canning

The Supreme Court gets set to take on the president's recess appointment powers in NLRB v. Noel Canning.

December 10, 2013

Snow Falling at SCOTUS

Snow falls on the steps of the U.S. Supreme Court.

December 6, 2013

Supreme Court Argument Preview: Lozano v. Alvarez

Supreme Court ready to dive into international child abduction case.

December 6, 2013

Supreme Court Argument Preview: Air Wisconsin v. Hoeper

Supreme Court preparing to hear case about airline that reported pilot to TSA and whether it should be immune from defamation claim under federal law.

December 6, 2013

Supreme Court Argument Preview: Mayorkas v. De Osorio

Jeff Koelemay previews Mayorkas v. De Osorio, an immigration case dealing with how long children of immigrants must wait for visas.

December 4, 2013

Antiwar Protester Gets Day in Supreme Court

Antiwar protester Dennis Apel, the respondent in United States v. Apel, greets reporters outside the Supreme Court with his attorney Erwin Chemerinsky.

November 27, 2013

Supreme Court Argument Preview: BG Group v. Argentina

Patrick Gregory takes us in for a closer look at BG Group v. Argentina, an international arbitration dispute set for argument at the Supreme Court on Dec. 2, 2013.

November 27, 2013

Supreme Court Argument Preview: Northwest, Inc. v. Ginsberg

They took his frequent flyer miles. He took them to the Supreme Court.

November 27, 2013

Supreme Court Argument Preview: Michigan v. Bay Mills Indian Community

Indian gaming is big business, and the state of Michigan hopes to find a way to regulate it that can coexist with federal law.

November 7, 2013

Supreme Court Argument Preview: Fernandez v. California

If the police arrest you and remove you from your residence, can another resident consent to a search of the property?

November 5, 2013

Supreme Court Argument Preview: Mississippi v. AU Optronics

Is a suit brought by a state on behalf of its citizens considered a "mass action" under the Class Action Fairness Act?

November 5, 2013

Supreme Court Argument Preview: Town of Greece v. Galloway

The U.S. Supreme Court is set to delve into the world of "legislative prayer" on Nov. 6, 2013, when it hears arguments in Town of Greece v. Galloway.

November 1, 2013

Supreme Court Argument Preview: Sprint v. Jacobs

The scope of Younger abstention is the issue facing the U.S. Supreme Court in Sprint Communications, Inc. v. Jacobs. This Law Week audio preview provides an introduction to the facts and issues involved in the case.

November 1, 2013

Supreme Court Argument Preview: Medtronic v. Mirowski Family Ventures

Pacemakers, patents and declaratory judgments take the stage at the U.S. Supreme Court in Medtronic, Inc. v. Mirowski Family Ventures, LLC.

October 31, 2013

Supreme Court Argument Preview: Walden v. Fiore

Preview of Supreme Court arguments in Walden v. Fiore, a case about poker, $100K in cash and personal jurisdiction too.