Archive for the 'Upcoming Decisions' Category

Over at Opinio Juris, Harlan Cohen makes the compelling argument that the current “customary international law” paradigm of the Alien Tort Statute is a poor fit for the statute, particularly in light of recent cases. He’s right: trying to divine whether international custom supports aiding and abetting liability or corporate liability is, frankly, silly. It [...]

As the term winds down, the Court will begin releasing opinions pretty rapidly. There are 14 cases left and the Court will decide all of them by June 29. Here are a few of the most important left to be decided, sorted by the date they were argued: Melendez-Diaz v. Massachusetts (07-591) (Argued November 10, [...]

I have to apologize for the lack of posts over the last few days. I’ve been working on an amicus brief in Ricci v. DeStefano and I need to submit it sooner rather than later. Regardless, the Court probably won’t be handing down any opinions until mid- to late-February. In the last three years, the [...]

Well, the Court handed down a marginally interesting ruling on Monday in Schriro v. Landrigan. On a 5-4 vote, the Court overruled the Ninth Circut and held that a man who had rejected any mitigating evidence in favor of him during his trial is not subject to an evidentiary hearing and federal habeus review. Justice [...]



Random Posts

  • OT 08 Term Statistics: With the release of several opinions this week, the Court has now released 26 opinions for the term. Its time to take a look at some of the ...
  • Westlaw Flag Colors for OT10 Cases: I've always thought it was funny that WestLaw handed out yellow flags like they were candy. I'm referring, of course, to "KeyCite Status Fla...
  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • Change is Fun But...: I'm sad to see Justice Stevens leave the Court for a variety of reasons that have been well documented by people smarter than me. I'm also e...
  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...

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