Search for: "Matter of Cert. of a Question of Law"
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5 Oct 2009, 2:55 am
No matter; the attorney general filed a writ of prohibition, and the Supreme Court agrees not only that the judge lacked the power to do what he did, but that the attorney general, as the top law enforcement officer in the state, had standing to complain about it. [read post]
12 May 2010, 7:32 am
That is a fascinating question involving the interaction of law and social change. [read post]
8 Feb 2022, 8:12 am
[1] To view our previous analysis on this circuit split, see: https://www.law360.com/articles/1402801/courts-clashing-standards-for-evidence-at-class-cert-part-1 and https://www.law360.com/articles/1402822/courts-clashing-standards-for-evidence-at-class-cert-part-2 [read post]
24 Jan 2018, 5:00 am
Other cases of note include:Constitutionality of SEC administrative proceedings: The Supreme Court granted cert in Lucia v. [read post]
1 Jun 2023, 11:43 am
Watson, 22-412Issue: Whether any amendment to a law originally adopted for an impermissible racially discriminatory purpose, no matter how minor the amendment and no matter the historical context, cleanses the law of its racist origins for 14th Amendment purposes unless the party challenging the law can prove that the amendment itself was motivated by racial discrimination. [read post]
28 Feb 2013, 5:49 am
(Behenna’s cert. petition is available here, and asks: “Whether a servicemember in a combat zone categorically forfeits the right to self-defense as a matter of law by pointing a firearm without authorization at a suspected enemy. [read post]
25 Nov 2019, 6:49 am
Law § 190.25(4)(a). [read post]
1 Jun 2022, 9:00 pm
Just last Friday the cert. [read post]
27 May 2011, 8:56 am
Acting Solicitor General Neal Katyal has recommended that cert. be denied in eight of those nine cases; he has recommended a grant in just one case, Caraco Pharmaceutical Laboratories, Ltd. v. [read post]
9 Mar 2011, 6:37 am
At Lawfare, Larkin Reynolds notes that the Department of Justice has filed oppositions to four Guantanamo cert. petitions in the last week and highlights the governments’ framing of the questions presented in each case. [read post]
30 Mar 2015, 11:58 pm
Considering how many cert petitions the SCOTUS has to decide on at any given point in time, one may or (as I do) may not believe that an incredibly deep analysis of such questions as whether declaring code is more or less functional than other program code has occurred so far.As for the second question, I would be thoroughly surprised if the Department of Justice determined that Google's agenda in this context is in the interest of the United States. [read post]
1 Jun 2009, 8:42 am
Thus, I worry that the Court will mix the subject matter issues with the other problems with the application.Then again, this is the perfect case to test the Court's fortitude for deciding the question presented. [read post]
27 Mar 2024, 5:09 am
To accept Musk's expansive notion of the doctrine would call into question traditional law enforcement practices and deprive parties of the benefits of waivers in settlement agreements. [read post]
3 Oct 2017, 6:00 am
With the Supreme Court’s grant of cert in Oil States Energy Services v. [read post]
9 Aug 2016, 9:01 pm
They will vote to deny cert. [read post]
12 Aug 2020, 8:01 am
But deference to the jury (which found for Google) is the tricky part here, especially since the Federal Circuit declined to resolve fair use as a matter of law the first time around but decided so on Oracle's second appeal from a wrong outcome in district court.If Google loses out on both questions, the case will have to go back to the district court for a determination of remedies, and that one may again give rise to an appeal. [read post]
10 Jun 2010, 4:40 pm
Jon Kyl of Arizona and Jeff Sessions of Alabama said the writings show that Kagan was highly opinionated and wanted to use the law to achieve specific policy results, rather than deciding legal questions on their merits.... [read post]
20 Mar 2012, 11:18 am
Earlier posts including the cert petition phase briefs are here and here. [read post]
20 Jan 2013, 2:14 pm
The lower court decided against Bond, indicating that “principles of federalism will ordinarily impose no limitation on Congress’s ability to write laws supporting treaties, because the only relevant question is whether the underlying treaty is valid. [read post]
8 Dec 2014, 9:01 am
Below, Joan Biskupic answers a few questions about the study from our contributor, Eric Citron. [read post]
