The Legal Intelligencer | Commentary
By Stephen A. Miller and Catherine C. Yun | February 4, 2022
The U.S. Supreme Court is considering whether lower courts "must"—or "may"—consider intervening developments when adjudicating a request for a modified sentence.
By Marcia Coyle | Jacqueline Thomsen | January 26, 2022
Biden promised to appoint a Black woman to the U.S. Supreme Court if a seat opened, and his administration has nominated eight Black women to federal appeals courts so far.
The Legal Intelligencer | Commentary
By Jeffrey Campolongo | January 20, 2022
The Occupational Safety and Health Administration's (OSHA's) emergency temporary standard (ETS) would have required businesses with at least 100 employees to ensure workers are vaccinated against COVID-19 or undergo weekly testing, by Feb. 9.
The Legal Intelligencer | Commentary
By Stephen A. Miller and Erica C. Pulford | January 6, 2022
Courts across the country are divided on the contours of the "favorable termination" requirement; some courts require that criminal proceedings ended in a manner that affirmatively indicates innocence, while other courts ask only whether a criminal case ended in a manner "not inconsistent with innocence."
The Legal Intelligencer | Commentary
By Stephen A. Miller and Chase A. Howard | December 1, 2021
The court heard argument in November in Badgerow v. Walters—a case presenting the question whether federal courts have subject-matter jurisdiction to confirm or vacate arbitration awards in cases where the only basis for jurisdiction is that the underlying dispute involved federal law.
National Law Journal | News|Profile|Q&A
By Marcia Coyle | November 22, 2021
"There is no Justice Kennedy to save us this time around," said Kathryn Kolbert of the ACLU's reproductive rights project.
The Legal Intelligencer | Commentary
By Stephen A. Miller and Leigh Ann Benson | November 4, 2021
Last summer, an appellate court vacated that death sentence. The U.S. Supreme Court considered the propriety of the death sentence at oral argument on Oct. 13.
By Marcia Coyle | October 12, 2021
The U.S. Supreme Court has called on the solicitor general for that office's views on whether to review a punitive damages award imposed under Wisconsin's statutory cap.
The Legal Intelligencer | Commentary
By Howard J. Bashman | October 11, 2021
Recently, the U.S. Supreme Court's so-called "shadow docket" has begun to attract unprecedented attention from the news media, the U.S. Senate and the general public.
The Legal Intelligencer | Commentary
By Stephen A. Miller | October 6, 2021
The justices return from their annual summer vacation to an exciting docket. Most of the popular attention will focus on the legality of state restrictions on abortion, but the justices will decide interesting questions in several other areas of law.
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