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11 Dec 2013, 10:53 am by Amy Howe
The Justices were also clearly bothered by the prospect that a ruling in Lozano’s favor might put the United States at odds with other signatories to the Convention; Justice Breyer, for example, told Regan that “every other country is against you. [read post]
5 Dec 2013, 8:39 am by Eugene Volokh
The Court has already used the compelling interest test to reject claimed exemptions from tax obligations (United States v. [read post]
4 Dec 2013, 9:58 am by Ronald Mann
The Fifth Circuit did no better in United States v. [read post]
3 Dec 2013, 2:56 pm by Paul Caron
Johnson (Florida State): On December 3, the Supreme Court issued its unanimous decision in United States v. [read post]
3 Dec 2013, 9:14 am by Will Baude
(Will Baude) Justice Scalia’s opinion today in United States v. [read post]
2 Dec 2013, 1:49 pm by Matthew L.M. Fletcher
United States’ Argument Ed Kneedler argued for the United States here, and the argument was a delight for law professors like me. [read post]
27 Nov 2013, 9:23 am by Ronald Mann
  The United States suggests that the ADA preempts the implied covenant claim when it is a separate cause of action, but not when it is simply an element of argument on a pure contract claim. [read post]
21 Nov 2013, 10:57 am by Diane Marie Amann
(pp. 42-43) and Justice Antonin Scalia (pp. 31-32) posed during oral argument of Bond v. [read post]
19 Nov 2013, 12:04 pm by John Elwood
United States, 13-113, involving the interaction of the strict construction canon for sovereign immunity and the interpretation of a separate statutory provision creating substantive rights. [read post]
18 Nov 2013, 12:26 am by Kevin LaCroix
In a development that has the potential to change the way private securities suits in the United States are litigated, the U.S. [read post]
15 Nov 2013, 10:25 am by William Gould
On Wednesday, the Court heard oral arguments in Unite Here Local 355 v Mulhall, in which the Justices are considering whether a so-called neutrality agreement between a union and employer is a thing of “value” within the meaning of Section 302 of the NLRA and thus prohibited as a felony. [read post]
14 Nov 2013, 8:29 am by John Elwood
Young, 13-95, the state-on-top habeas case asking whether (1) a state can forfeit application of the Stone v. [read post]
13 Nov 2013, 9:01 pm by Marci A. Hamilton
And in the context of this diversity, the United States has not been striven by religious civil wars. [read post]
13 Nov 2013, 11:49 am by Rory Little
United States, previewed here, it seems that the only question is how broadly the Court will rule in Rosemond’s favor. [read post]