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24 Apr 2020, 8:24 am by Court C. VanTassell
This week, in a split 7-2 opinion authored by Chief Justice Roberts, the Supreme Court held that Montana state law claims brought by private landowners against Atlantic Richfield Company (“ARCO”) for alleged impacts from the Anaconda Smelter Superfund site are not preempted by CERCLA and are not precluded by ARCO’s settlement of EPA’s CERCLA claims; however, any restoration damages awarded to the landowners must be spent on actual restoration of the… [read post]
19 Mar 2007, 7:55 am
Interestingly, the Court found that there are no cases expressly stating the standard of review for legal determinations of an Orphans' Court. [read post]
16 Jul 2011, 10:00 pm by Rosalind English
And the Strasbourg Court has stated unambiguously that it regards the strictest institution permitted by UK law, the Special Immigration Appeals Commission (SIAC), to be a  ”fully independent court” which is best placed to ensure that no material was unnecessarily withheld from the detainee (A v United Kingdom 49 EHRR 695). [read post]
3 Jun 2014, 10:05 am by Richard M. Re
United States provides the latest example of perhaps the most salient methodological theme of the Roberts Court. [read post]
18 Oct 2023, 2:53 pm by lennyesq
The order is here: Order and Memorandum Opinion –United States v. [read post]
5 Jun 2018, 12:57 pm by Will Baude
Towards the end of his post this morning, Richard brings up an interesting issue that arose during arguments in Hughes v. [read post]
30 Jul 2009, 4:13 pm
In a 5-4 decision delivered by Chief Justice Roberts, the Court held that "Osborne ha[d] no constitutional right to obtain postconviction access to the State's evidence for DNA testing. [read post]
13 Jun 2016, 9:24 am by Gene Quinn
Earlier today, in a unanimous decision delivered by Chief Justice John Roberts in Halo Electronics, Inc. v. [read post]
20 Dec 2020, 5:26 pm by Gerard Magliocca
Let me start my posts on Robert Jackson's brief in Currin v. [read post]
14 May 2012, 2:14 pm by Eugene Volokh
(Eugene Volokh) Check out today’s Hall et ux. v. [read post]