We’re back with the remainder of last week’s decisions: Michigan v. Bay Mills Indian Community (12-515), embracing a broad view of tribal sovereign immunity; Wood v. Moss (13-115), finding that secret service officers who moved protesters away from President Bush were entitled to qualified immunity; and Martinez v. Illinois (13-5967), underscoring the bright-line rule that jeopardy in criminal cases attaches when a
Read More Michigan v. Bay Mills Indian Community (12-515), Wood v. Moss (13-115) and Martinez v. Illinois (13-5967)
Hall v. Florida (12-10882), Plumhoff v. Rickard (12-1117), and Order List
We’re back with yesterday’s orders, along with two of the five decisions handed down: Hall v. Florida (12-10882), rejecting Florida’s strict IQ cutoff for determining whether a person has an intellectual disability and is thus not subject to capital punishment under Atkinson v. Virginia (2002); and Plumhoff v. Rickard (12-1117), addressing whether (and how) much deadly force may be used by police in…
Read More Hall v. Florida (12-10882), Plumhoff v. Rickard (12-1117), and Order List
Petrella v. Metro-Goldwyn-Mayer (12-1315) and Order List
Our apologies for the delay in summarizing Petrella v. Metro-Goldwyn-Mayer (12-1315) for you, but at least we didn’t wait eighteen years! That’s how long it took Paula Petrella, owner of the copyright for the screenplay behind the Martin Scorcese film, Raging Bull, to sue MGM Pictures for infringement after she became sole owner of the copyright. The Ninth Circuit held that the 18-year delay…
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Robers v. United States (12-9012), Tolan v. Cotton (13-551) and Order List
As promised, we’re back today with Robers v. United States (12-9012), on what counts as a return of property under the Mandatory Victims Restitution Act of 1996; Tolan v. Cotton (13-551), a summary opinion reiterating the summary-judgment standard – and perhaps sending a message to lower courts that cops aren’t always entitled to qualified immunity; and recent orders.
In Robers v. United States …
Read More Robers v. United States (12-9012), Tolan v. Cotton (13-551) and Order List
Town of Greece v. Galloway (12-696), Robers v. United States (12-9012) and Tolan v. Cottan (13-551)
It’s catch-up week for the Updaters, as we prepare for the home stretch. Today, we bring you the Court’s decision in Town of Greece v. Galloway (12-696), its first entrée into pure Establishment Clause litigation since the Ten Commandments cases, Van Orden v. Perry and McCreary County v. ALCU, back in 2005. That’s a pretty meaty entrée, so we’ll follow up with two…
Read More Town of Greece v. Galloway (12-696), Robers v. United States (12-9012) and Tolan v. Cottan (13-551)
Environmental Protection Agency v. EME Homer City Generation, L.P. (12-1182), American Lung Association v. EME Homer City Generation, L.P. (12-1183) and Order List
We’re back to bring you the third case from Wednesday, as well as this week’s orders.
In Environmental Protection Agency v. EME Homer City Generation, L.P. (12-1182), together with American Lung Association v. EME Homer City Generation, L.P (12–1183), the Court addressed an EPA rule on air pollution emitted in one state but affecting downwind states. The aptly-named “Good Neighbor Provision” of the…
Read More Environmental Protection Agency v. EME Homer City Generation, L.P. (12-1182), American Lung Association v. EME Homer City Generation, L.P. (12-1183) and Order List