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Last Build Date: Mon, 24 Jun 2013 17:21:12 +0000


Agreement Between Justices Scalia and Thomas During October Term 2012

Tue, 23 Apr 2013 16:19:55 +0000

Over at Twitter, Mike Sacks posted an interesting question about the agreement rate between Justices Scalia and Thomas during October Term 2012: Is it me, or have Thomas and Scalia been on opposite sides a lot more this term than in the past? #SCOTUS cc @dailywrit — Mike Sacks (@MikeSacksHP) April 23, 2013 Comparing agreement [...]

The Supreme Court and Test Cases

Wed, 05 Dec 2012 20:57:22 +0000

Joan Biskupic has an incredibly interesting article for Reuters about the man behind Fisher v. University of Texas and Shelby County v. Holder. Apparently Edward Blum, a 60-year old former stockbroker, recruited both Fisher and Shelby County for their challenges and, along with a group of conservative financiers, is paying the legal bills for both. [...]

What Does the Supreme Court’s delay on the DOMA and Same-Sex Marriages Cases Mean? Almost Nothing.

Mon, 03 Dec 2012 23:42:20 +0000

There have been a few news stories this week about the Supreme Court’s non-action on the DOMA and Same-Sex Marriage cases late last week and today. Gawker argues, surely as a joke, that the Court is being deliberately obtuse: Maybe they’ll make an announcement Monday, maybe they’ll wait until they meet again in January. Maybe [...]

Top Female Advocates Before the Supreme Court

Mon, 30 Apr 2012 15:20:07 +0000

To celebrate Patricia Millett’s record-breaking thirty-first Supreme Court argument last week in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak—the most by any woman before the Court—I have compiled a list of the top 10 female advocates with the most appearances before the Supreme Court who are currently in practice. The following chart includes a link [...]

Every Oral Argument Recording from OT11 in One Place

Mon, 30 Apr 2012 15:03:50 +0000

If you want to download every oral argument recording from OT11 in one .zip file, you can find that file here. This file is especially useful if you want to download the arguments, throw them onto your iPod or iPhone, and then listen to them in your car or on the go. Be warned, however, [...]

Media Files:

Forthcoming Article on Kiobel and the Alien Tort Statute

Wed, 18 Apr 2012 14:09:35 +0000

I’ve posted a new article on the Alien Tort Statute and Kiobel on SSRN. The article, Rethinking the Purely Jurisdictional View of the Alien Tort Statute, demonstrates that the Court should read the Alien Tort Statute as purely jurisdiction, rather than as a hybrid provision both granting jurisdiction to hear claims arising under the law [...]

Cert. Petition Filed Yesterday by the Emory Supreme Court Advocacy Project

Tue, 20 Mar 2012 15:36:08 +0000

ELSSCAP, the Emory Law School Supreme Court Advocacy Project, filed a cert. petition yesterday in Kasonso v. Holder. You can find the petition here. Last month we filed a merits-stage amicus brief in Christopher v. SmithKline Beecham Corp., which you can find here. In December we filed a cert.-stage amicus brief in Standard Investment Chartered [...]

The Case of the Missing Kennedy

Mon, 23 Jan 2012 20:20:21 +0000

Today was another big day at the Supreme Court. Among the four merits opinions released, we got a very interesting summary reversal in Ryburn v. Huff and a landmark opinion in U.S. v. Jones, the GPS-tracking case. Unfortunately, I haven’t been able to plow through the latter yet, but I hope to get through it [...]

Predicting the April Sitting

Tue, 17 Jan 2012 15:15:05 +0000

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 over to the next? For example, the Court granted three cases on Friday but should I categorize them as OT11 cases or OT12 cases? Predicting which cases the Court will [...]

Four 8-1 Decisions in One Day

Tue, 10 Jan 2012 16:16:39 +0000

The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions here. CompuCredit v. Greenwood, a case centering around arbitration clauses, is especially interested. In an opinion written by Justice Scalia, the Supreme Court somewhat predictably upheld an arbitration agreement and read the Credit Repair Organizations Act’s nonwavier [...]

January Hearing List Released

Mon, 09 Jan 2012 20:07:58 +0000

The Supreme Court has released the Hearing List for the January sitting and you can find it here. Several high-profile advocates are back in action during the January sitting. Gregory Garre leads all attorneys in private practice with his fourth argument of the term in United States v. Home Concrete & Supply and Solicitor General [...]

Westlaw Flag Colors for OT10 Cases

Thu, 05 Jan 2012 15:00:06 +0000

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 Flags,” the shorthand notation given to each case to signal whether it has some negative history, is bad law, or has direct history. Red Flag: “In cases and administrative decisions, a red [...]

Vintage SCOTUS: William Rehnquist’s Memo to Justice Jackson Regarding Brown v. Board of Education

Wed, 04 Jan 2012 15:00:00 +0000

Much has been made of the memo that William Rehnquist wrote as a clerk to Justice Robert Jackson advising him to uphold Plessy v. Ferguson in Brown v. Board of Education. Rehnquist always maintained that he was only writing what his boss wanted to read, but Rehnquist’s detractors saw that as a flimsy excuse. I [...]