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2 Dec 2013, 1:49 pm
United States’ Argument Ed Kneedler argued for the United States here, and the argument was a delight for law professors like me. [read post]
19 Nov 2013, 12:04 pm
(Justice Breyer joined as to the Eighth Amendment analysis but not the Sixth Amendment, given his position in Apprendi v. [read post]
15 Nov 2013, 10:25 am
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]
13 Nov 2013, 11:49 am
United States, previewed here, it seems that the only question is how broadly the Court will rule in Rosemond’s favor. [read post]
13 Nov 2013, 9:00 am
Justice Breyer even commented that the fear of expanding the statute to cover “any fraud by any gardener, any cook, anybody that had one employee in the entire United States” was the “strongest argument” against the Fidelity employees’ position. [read post]
13 Nov 2013, 7:45 am
Yesterday the Court heard argument in Lawson v. [read post]
12 Nov 2013, 11:47 am
United States. [read post]
11 Nov 2013, 10:39 am
United States arises under 18 U.S.C. [read post]
10 Nov 2013, 12:22 pm
But such an agreement is not simply rare, it involves specific agreement (indeed “clear and unmistakable evidence” in the view of the United States Supreme Court in First Options of Chicago, Inc. v Kaplan 514 US 938, 944 (1995) per Breyer J), and, absent any agreement to submit the question of arbitrability itself to arbitration, “the court should decide that question just as it would decide any other question that the parties did not submit to… [read post]
9 Nov 2013, 9:27 am
United States, the challenge to a Pennsylvania woman’s conviction on chemical weapons charges for attempting to poison a romantic rival, Justice Breyer seemed to be casting about for a middle ground that would resolve this case without requiring the Court to make broader rulings on the meaning of the Constitution. [read post]
7 Nov 2013, 9:01 pm
By contrast, the work of a city council or board, in most of the towns and cities of the United States, regularly deals with decisions affecting small groups and individuals. [read post]
7 Nov 2013, 8:15 pm
United States, which began as a ‘lover’s triangle’ dispute from Pennsylvania but has mushroomed into a major test of the power of Congress to implement international treaties in ways that may interfere with the prerogatives of the 50 states. [read post]
7 Nov 2013, 4:39 pm
As my colleague Michael Greve points out, during the oral argument Solicitor General Donald Verrilli repeated a mistake that has gotten the federal government into trouble in several previous federalism cases, including United States v. [read post]
7 Nov 2013, 4:39 pm
Melissa Sherry, arguing for the United States and supporting the deputized DEA agent’s side of the case, began by diving in to the differences between Calder and the current case. [read post]
6 Nov 2013, 5:06 am
United States, raised the issue of whether the feds could charge a woman who poisoned her husband under the country's treaty power. [read post]
5 Nov 2013, 8:59 pm
Today’s oral argument in Bond v. [read post]
5 Nov 2013, 8:48 pm
Anthony Yang, Assistant to the Solicitor General, argued for the United States as amicus in support of U.S. [read post]
4 Nov 2013, 5:35 am
(Dickerson v. [read post]
21 Oct 2013, 3:30 pm
See, e.g., United States v. [read post]
17 Oct 2013, 7:42 am
” Assistant to the Solicitor General Ginger Anders, representing the United States and supporting Heimeshoff, stood up next. [read post]
