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...
  • Updated Term Charts: Starting this week, I'll be posting my updated charts on SCOTUSblog. You can find the first SB version of my charts here. More spec...
  • Another Elena Kagan - Miguel Estrada Connection: Justice Kagan and Miguel Estrada have had a long relationship that has confounded and surprised many of their skeptics. At Kagan's confirmat...
  • A Big Little Case: Next Wednesday, the Supreme Court will hear arguments in an interesting case about water law in Montana, PPL Montana v. Montana. The case wi...
  • Justice Thomas' History at Oral Argument: The big news in the world of the Supreme Court today is that Justice Thomas finally spoke at oral argument. It is not clear exactly what he ...

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