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17 May 2016, 3:59 am by Amy Howe
” At Supreme Court Brief, Tony Mauro reports on the release of a new book that “delves into the craft of framing, researching, writing and arguing cases on appeal at the Supreme Court and lower courts. [read post]
16 May 2016, 2:33 pm by Erin Morrow Hawley
It may also signal the return of the Roberts Court. [read post]
16 May 2016, 2:13 pm by Andrew Hamm
Burwell, the Court did not decide whether the Affordable Care Act’s birth-control mandate violates the Religious Freedom Restoration Act, instead remanding the cases to the federal courts of appeals. [read post]
16 May 2016, 12:08 pm by Adam Klein
 This disposition has all the hallmarks of a make-this-case-go-away compromise: an inconclusive remand for a Court of Appeals do-over, coupled with a broad, pragmatic majority coalition (Alito, joined by Roberts, Kennedy, Thomas, Breyer, and Kagan). [read post]
16 May 2016, 11:35 am by Mark Walsh
” It would be better for the federal appeals court to weigh these issues based on the “significantly clarified views of the parties in the first instance,” Roberts continues. [read post]
14 May 2016, 8:27 am by John Floyd
”   Justice Thomas Dissent Argues to Keep Unconstitutionally Sentenced People in Prison   Justice Thomas, in his usual loquacious and lonely dissenting manner, accused the majority—two of whom (Chief Justice Roberts and Justice Alito) generally join his conservative  constitutional perspective—of misconstruing the “retroactivity framework” of Teague; that the majority distorted the statutory rules governing a “certificate of… [read post]
13 May 2016, 7:55 am
(Pix © Larry Catá Backer 2015)In 2012, the American Law Institute (in which I am a member), agreed to launch a revision of its famous and quite influential Model Penal Code to focus specifically on rising issues of "sexual assault and related offenses. [read post]