You’re pro-life/pro-choice, but you’ve never read Roe v. Wade? Really?
Posted on 06-13-2016 by Travis Burchart

Roe v. Wade … I never read it, not even in law school. But when you read it, you’re in for a shock. Roe v. Wade , as law professor Noah Feldman notes, isn’t just about abortion rights. It’s also about a doctor’s right to perform abortions. Rights of a Doctor ... Read More

50 Years of Miranda
Posted on 04-28-2016 by amanda-alge-bales

“You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?” This... Read More

You Have the Right to Remain Silent: The 50th Anniversary of the Miranda v. Arizona Decision
Posted on 04-28-2016 by Alison Manchester

In the last half-century, it’s doubtful that any sentence has had a more profound effect on American culture – and American civil liberties – than these famous words penned by U.S. Supreme Court Chief Justice Earl Warren on June 13, 1966: “The person in custody must, prior to... Read More

Apple-DOJ Showdown Forces Courts to Weigh National Security and Data Privacy
Posted on 03-16-2016 by Eric Olson

The Justice Department brought a temporary halt to one of the more difficult legal disputes in recent times when it announced on March 28 th that it had found a way to unlock an iPhone without help from Apple, allowing them to withdraw their lawsuit to compel the tech company to assist them in the San... Read More

President Obama announces Merrick Garland to fill contested Supreme Court vacancy
Posted on 03-16-2016 by amanda-alge-bales

This morning, President Obama nominated Merrick Garland as the nation’s 113th justice to fill the vacancy on the Supreme Court. While much controversy will continue to arise around how the Republican-controlled U.S. Senate will treat the President’s nomination, we’ve surfaced relevant... Read More

President Obama Likely to Look to One of These Candidates to Fill Contested Supreme Court Vacancy
Posted on 03-09-2016 by Angela Chmielewski

The unexpected passing of Justice Antonin Scalia , one of the most influential jurists of recent American history, created an immediate vacancy on the Supreme Court and touched off a firestorm of controversy about how the Republican-controlled U.S. Senate will treat President Obama’s nomination... Read More

Black hole “chirp” has science bragging. Here are 6 SCOTUS opinions that did more than just "chirp"
Posted on 02-25-2016 by Travis Burchart

About a billion years ago, two black holes collided. Fast forward to last September ; that’s when the collision was finally heard and recorded, as announced this month by the LIGO Scientific Collaboration . The sound was called “a fleeting chirp”. Science freaked out… literally... Read More

Your attack on the late Justice Scalia … True or not, you wither if you’ve never read a Scalia opinion
Posted on 02-19-2016 by Travis Burchart

A few hours after Justice Scalia’s passing, I saw a tweet describing him as “racist” and “prejudiced.” This might not be fair, considering the old adage against speaking ill of the dead, but our public figures will always suffer post-mortem stones. Consider Alexander Hamilton... Read More

Supreme Court permits ‘reasonable mistakes’ by police in searches McClatchy
Posted on 12-16-2014 by Hans Thielman

In the majority opinion, Chief Justice Roberts wrote: “To be reasonable is not to be perfect, and so the Fourth Amendment allows for some mistakes on the part of government officials, giving them fair leeway for enforcing the law in the community’s protection.” ttp://www.mcclatchydc... Read More

Better quiet than vocal: The Supreme Court’s silence amid this year’s decisions. Was this the best move?
Posted on 12-09-2014 by amanda-alge-bales

This year has been filled with many heavy orders from the courts. With rulings that ranged from expanding the definition and availability of same-sex marriage to the re-opening of a dozen abortion clinics in Texas, as well as voting rights and regulations – making it more difficult to vote in 3... Read More

The Most Conservative And Most Liberal Elite Law Schools via Five Thirty Eight Politics
Posted on 12-05-2014 by Hans Thielman

Oliver Roeder is the article of this blog regarding elite law schools and the political leanings of Supreme Court law clerks. The article notes that Justice Clarence Thomas has said: “I won’t hire clerks who have profound disagreements with me. It’s like trying to train a pig. It wastes... Read More

SCOTUS + Dogs = Perfect Match?
Posted on 11-10-2014 by Chad Troyan

It’s the greatest invention since sliced bread!! What am I talking about? The newest way to be informed with today’s court decisions – DOGS! On John Oliver’s “Last Week’s Tonight” , Oliver tackled the problem that is the boredom. No just any boredom, but boredom... Read More

The 'Barney Fife Loophole' to the Fourth Amendment Atlantic
Posted on 10-04-2014 by Hans Thielman

In Mount Airy, North Carolina, you might not want to be driving with your hands at 10 and 2. http://www.theatlantic.com/national/archive/2014/10/how-broad-is-the-barney-fife-loophole-to-the-fourth-amendment/381085/ Read More

“Judges are like umpires....Nobody ever went to a ballgame to see the umpire” – John Roberts
Posted on 09-29-2014 by Travis Burchart

Photo Credit: spirit of america / Shutterstock.com It was 3 years ago today, John Roberts Jr. was sworn in as the 17 th Supreme Court Chief Justice. And, since the Roberts hearings, the umpire metaphor has become synonymous with judicial restraint with the idea that judges are merely arbiters, and... Read More

What SCOTUS' Hobby Lobby decision can teach you about social media: 3 insights
Posted on 08-26-2014 by Doug Esten

Over the past few months, the Supreme Court tackled several hot-button issues, including affirmative action and the separation of church and state, and those on the losing sides harnessed the power of social media to help turn their dissents into trending topics. What can law firms and legal marketers... Read More

The Supreme Court Needs To Pick Up The PACER Re's Judicata Blog
Posted on 08-12-2014 by Hans Thielman

In his blog, Professor Richard Re believes the Supreme Court should have a system like PACER (Public Access to Court Electronic Records). He also recommends that it be free (PACER isn't). Read the complete article >> Read More

Hague Convention - Return of Abducted Children
Posted on 08-12-2014 by Jaime Teuchert-Cage

Many countries, including the United States, have become members of the Hague Convention. The Hague Convention contains an Article on the Civil Aspects of International Child Abduction. Pursuant to the child abduction provisions, the court "shall order the return of a child forthwith" upon... Read More

How Many Companies Will Be Touched By Court's Contraception Ruling?
Posted on 07-16-2014 by Ted Zwayer

When the Supreme Court ruled that “closely held” corporations don’t have to pay for workers’ contraception, you may have assumed the decision applied only to family-owned businesses. Wrong. An estimated 9 out of 10 businesses are “closely held,” according to a recent... Read More

What Exactly Is a ‘Closely Held’ Corporation? Mediaite
Posted on 06-30-2014 by Hans Thielman

In addition to explaining what a closely held corporation is, this article also has links to conservative and liberal pundits' reaction to the ruling. http://www.mediaite.com/online/what-exactly-is-a-closely-held-corporation/ Read More

Inaugurating the Digital Fourth Amendment Re's Judicata Blog
Posted on 06-26-2014 by Hans Thielman

Richard Re gives his take on Riley v. California. He also discusses the question as what Riley means for non-digital searches, such as diary searches. http://richardresjudicata.wordpress.com/2014/06/26/inaugurating-the-digital-fourth-amendment/ Read More

The significance of Riley Volokh Conspiracy
Posted on 06-25-2014 by Hans Thielman

In Riley v. California, the U.S. Supreme Court ruled that the police must generally obtain a warrant to search a mobile device of an arrested person. Professor Orin Kerr of the George Washington University Law School offers his insta-thoughts on the case's significance. http://www.washingtonpost... Read More

The Supreme Court has unanimously struck down a software patent that everyone agreed was terrible via Washington Post
Posted on 06-19-2014 by Hans Thielman

The Supreme Court has issued its opinion in the much anticipated Alice Corp. v. CLS Bank patent law case. You can read the opinion by Justice Thomas and the concurring opinion by Justice Sotomayor in this Washington Post blog by Brian Fung. http://www.washingtonpost.com/blogs/the-switch/wp/2014/06... Read More

The OJ Simpson Murder Trial Remains one of the Top 10 controversial court cases
Posted on 06-17-2014 by Doug Esten

Twenty years ago today, the murder case of O.J. Simpson began with the televised police chase of Simpson in a white Ford Bronco through Los Angeles roads June 17, 1994. Other cases that made the list, as reported by HowStuffWorks , include: 9. Court Case 9: Lizzie Borden 8. Court Case 8: Sam Sheppard... Read More

Is the Supreme Court Rushing to Judgment? Re's Judicata
Posted on 06-13-2014 by Hans Thielman

The Supreme Court shortening its summer recess. I don't think so. http://richardresjudicata.wordpress.com/2014/06/10/is-the-supreme-court-rushing-to-judgment/ Read More

Another example of Human Trafficking and Forced Labor: Supreme Court declines to Hear Suit Over Illegal Immigrant Hiring
Posted on 06-11-2014 by Doug Esten

The U.S. Supreme Court has declined to consider an appeal by Mohawk Industries – a carpet and floor-covering company that was sued by its employees for hiring illegal immigrants in an effort to depress wages. Dating back to January, 2004, when workers first filed the class action complaint, this... Read More