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

  • Predicting the April Sitting: I run into the exact same debate every year around mid-January: which cases will be heard during the current term and which will be pushed o...
  • Traitors to the Cause: 6-3 decisions are, statistically speaking, the least common vote split. Frequently, those cases split along the ideological lines that are s...
  • Average Age (1800-2010): I've posted a PDF of the Court's average age at the beginning of every term from 1800-present. The ages were taken on the first Monday in Oc...
  • A Deeper Look at Reversal Rates: An article in today's Cincinati Enquirer highlights the Sixth Circuit's current 15-case losing streak in the Supreme Court. Circuits regular...
  • New OT08 Term Stats : With 43 opinions released, the Court has now released just over half of the opinions it will release for the term. Lets take a look at some ...

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