Posts tagged with: "supreme+court"
Results 81 - 100 of 15,266
Sorted by Relevance
|
Sort by Date
29 Aug 2011, 7:46 am
In a recent post, I noted that Miami Dade Circuit Judge Hirsch has dismissed charges against approximately 30 defendants in drug cases, opting to follow an opinion issued by a Federal Judge in the Shelton case. You may recall that in Shelton, the Court ruled that Florida’s drug possession statute, section 893.13, is unconstitutional because it does not require the State to prove that a defendant actually knew that he, or she, possessed drugs.
Well, it seems that motions to dismiss drug charges… [read post]
3 Apr 2012, 10:08 am
The New York Times on April 2, 2012 released the following:
“By ADAM LIPTAK
WASHINGTON — The Supreme Court on Monday ruled by a 5-to-4 vote that officials may strip-search people arrested for any offense, however minor, before admitting them to jails even if the officials have no reason to suspect the presence of contraband.
Justice Anthony M. Kennedy, joined by the court’s conservative wing, wrote that courts are in no position to second-guess the judgments of correctional officials who must… [read post]
19 Apr 2011, 10:04 am
The much anticipated oral arguments in Microsoft Corp. v. i4i Ltd. took place at the Supreme Court yesterday, April 18, 2011. The question on all of our minds is whether the Supreme Court will change the burden of proof for parties alleging patent invalidity in infringement litigation from a clear and convincing standard to a preponderance of the evidence standard? Did yesterday's proceedings bring us one step closer to the answer? Jeanne Gills, Partner at Foley & Lardner and Practice Center… [read post]
13 Sep 2011, 9:04 am
Judith Gaskell, Librarian of the Supreme Court of the United States, who will be retiring soon, was our guest and presenter at a recent Law Library of Congress Power Lunch. She discussed the history of the Supreme Court Library, the history of the Office of the Librarian of the Supreme Court, and her role as Librarian of the Supreme Court. 2 Stat. 786 (1812) The relationship between the Supreme Court and the Law Library of Congress goes back to 1812, when the Justices were allowed to use the law… [read post]
16 Feb 2012, 4:00 am
SCOTUSblog is a law blog written by lawyers and law students about the Supreme Court of the United States (Frequently abbreviated “SCOTUS”). The blog is sponsored by Bloomberg Law. The Blog consist of detailed information pertaining to the Supreme Court as well as information on the Supreme Court justices. The blog also has numerous case briefs that are available by typing in the name of the case in the search box:
SCOTUSBLOG is also available via twitter (@SCOTUSblog) and is a great resource… [read post]
27 Oct 2012, 5:55 am
Criminal defense and criminal appeals lawyers may be interested to know that on October 30, 2012, the United States Supreme Court will be having OA in the case of Chaidez v. United States, No.11-00820, to consider the question of whether Padilla v. Kentucky, 130 S. Ct. 1473 (2010), will apply retroactively to defendants whose convictions became final before the Padilla decision was rendered. The formal Question Presented, as framed by the Court, reads as follows:
11-820 CHAIDEZ V. UNITED… [read post]
16 Jun 2011, 9:41 pm
Earlier today, the Supreme Court issued its third of four class action-related decisions for the October 2010 term. In Smith v. Bayer Corp., No. 09-1205, the Court held that a federal court exceeded its authority when it issued an injunction preventing a state court from considering whether to certify a class on claims in which the federal court had previously denied class certification.
Justice Kagan’s opinion involves a fairly straightforward academic analysis of the “re-litigation… [read post]
31 May 2012, 2:52 pm
The Supremes put the pen to the paper, rule in favor of liquor privatization.
Wow, a 5-4 vote! I’m somewhat of a nerd when it comes to legal debates before the Washington Supreme Court. These days, a 5-4 split is extremely rare. But that is exactly how the High Court decided whether the liquor privatization initiative (I-1183) was constitutional. Today, liquor license purchasers can cheer.
I just got word of the ruling and have yet to have the time to digest it. But, the ruling is so… [read post]
9 May 2010, 5:25 am
First, I’m thrilled to be guest blogging at Concurring Opinions. I look forward to an illuminating conversation regarding the Supreme Court’s next justice.
Mike Allen at Politico reports that, based on White House sources, Elena Kagan will be the next Supreme Court justice (thanks to Dave Hoffman for sending the story). Author of the reliable “Playbook” on Politico, Mike Allen is a force to be reckoned with. Of course, once word leaked that Kagan was the one, the White House sought to… [read post]
28 Mar 2013, 7:39 pm
You may recall in one of my previous posts that I was waiting for the Supreme Court to issue opinions in a couple of Florida cases involving drug dogs. Well, on March 26, 2013, the Supreme Court issued its opinion in the second case, Florida v. Jardines, No. 11-564, and held that using a drug dog on a homeowner’s front porch to investigate the contents of the home is a “search” within the meaning of the 4th Amendment. If you are a criminal defense or criminal… [read post]
7 Sep 2011, 8:02 am
In December of 2010, the Florida Supreme Court held that when a Defendant files a motion to dismiss claiming immunity from prosecution under Florida statute section 776.032, otherwise known as Florida’s”Stand Your Ground” statute, the trial court is required to hold a pre-trial evidentiary hearing to “decide the factual question of the applicability of the statutory immunity.” See Dennis v. State, 51 So. 3d 456, 457 (Fla. 2010). According to the Court, while a motion to dismiss based… [read post]
6 May 2012, 2:09 pm
A decision with the right outcome but for the wrong reasons can confound jurisprudence nearly as much as a decision that is entirely wrong. It is difficult to avoid the conclusion that all that found its way into the Siedman patents was the results of the very research that had been recommended in the 1996 paper and which Prometheus had been prompted to under-write. The more natural objection which, unfortunately, was not pursued was therefore lack of inventive step under 35 USC §103. It is… [read post]
26 Apr 2012, 8:04 am
This is a guest post by Debbie Keysor, Senior Legal Reference Specialist at the Law Library of Congress.
In February, Andrew Weber pointed out in ”The Supreme Court and the Library — Pic of the Week“ that the Law Library Reading Room is a U.S. Supreme Court Depository Library. There are currently 10 Supreme Court Depository Libraries scattered throughout the United States. Outside of the Supreme Court Library itself, the Law Library of Congress has the most comprehensive collections of… [read post]
26 Aug 2011, 6:21 am
Politico on August 26, 2011 released the following by Josh Gerstein: "A judge in Washington has rejected defense motions to dismiss charges against a former State Department analyst charged with leaking top-secret intelligence about North Korea to Fox News. Stephen Kim, who worked for the Energy Department but was detailed to Foggy Bottom, was charged last August with violating the Espionage Act by disclosing to James Rosen of Fox News that the U.S. believed North Korea was about to conduct a… [read post]
20 Apr 2012, 6:22 am
Maybe it is the result of the case being of such little importance to the patent system as a whole, or maybe it is just evidence that every blind squirrel finds a nut every once in a while. Whatever the case may be, the United States Supreme Court yesterday did get it right in a patent case. Virtually no one brings appeals from the Patent Office to the district court under § 145 despite the far more favorable review standard, which we have known about at least since 1999 in Dickinson v. Zurko. §… [read post]
11 Jan 2012, 11:52 am
In 2010, the United States Supreme Court decided Padilla v. Kentucky, 130 S.Ct. 1473 (2010), wherein the Court held that Padilla’s criminal defense lawyer provided ineffective assistance of counsel by failing to advise Padilla that his plea to charges of drug distribution would subject him to automatic deportation under 8 U.S.C. section 1227(a)(2)(B)(i). The Court further held that in order to render effective assistance of counsel, a criminal defense attorney must advise his or her client… [read post]
20 Jun 2011, 8:20 am
The Supreme Court has ruled in what could have been the largest employment discrimination case in world history.
The Ruling
Moments ago, the Court unanimously ruled that a gender-discrimination suit against Wal-Mart cannot proceed as one massive class action. In short, The court ruled that the plaintiffs did not have enough in common to join all of their claims into a single case.
The opinion was authored by Justice Scalia. The court’s four other conservative justices joined the opinion in its… [read post]
29 Mar 2012, 11:24 am
Unlike many in the biotech community I do not think the Prometheus decision will break the biotech industry or even seriously affect it. Much like the car mechanic in a small Caribbean island told me when my engine light came on in my rental car, “no worries, no problem!” I believe the holding in Prometheus prevents what could be a future legal quagmire, where overly-broad patents could serve to block entire fields of practice and create an enforcement nightmare in which ghosts of legal… [read post]
29 Apr 2012, 9:36 am
On Monday, April 30, 2007, the United States Supreme Court issued its final decision in the matter of KSR v. Teleflex, which overruled the Federal Circuit's application of the so-called "teaching, suggestion, motivation" test (or simply TSM) as it applies to determining whether an invention is obvious. At least for the last generation (and likely longer) no other Supreme Court case in the patent arena has been nearly as influential as the Court’s decision in KSR v. Teleflex. This is because… [read post]
4 Aug 2011, 8:26 pm
Some people who have been reading this blog know that I have been waiting for the decision in Evans v. McNeil, 08-14402-CIV-JEM, to make its way to the Eleventh Circuit. (For a quick reminder, see some of my other posts on the case here). Why do I care so much? A recent article in the Florida Bar News highlights the importance of the Evans case nicely.
First, as I mentioned in my July 6 post, Evans is the first time that a court has ever declared Florida’s death penalty scheme… [read post]