Tag Archives: Supreme Court

Masterpiece Cakeshop: Crafting a Minimalist Decision

The Masterpiece Cakeshop case presents issues of free speech and free exercise of religion which are important, controversial, and divisive. Almost any decision on these issues will result in a public and academic outcry by whichever side fails to prevail. The court should … Continue reading

Posted in american business, Art, Business Litigation, Civil Rights Litigation, constitutional litigation, Religion, Supreme Court, United States Constitution | Tagged , , , , , , | Comments Off on Masterpiece Cakeshop: Crafting a Minimalist Decision

Politics and American Business: Adversaries or Allies?

Are business and government allies or adversaries? What is the proper relationship between the two? These questions are important issues for the upcoming presidential, congressional, and state elections. They are also the subject of my new book, Politics and American Business: … Continue reading

Posted in american business, American Politics, Business Litigation, constitutional litigation, Economics, Supreme Court, United States Constitution | Tagged , , , , , , , , , , , , , , , | Comments Off on Politics and American Business: Adversaries or Allies?

Supreme Court Holds That Disparate Impact Claims Can Be Brought Under The Fair Housing Act

In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc, No. 13-1371 (June 25, 2015), the Supreme Court held, by a 5 to 4 margin, that claims of disparate impact  can be brought under the Fair Housing Act. This … Continue reading

Posted in american business, Business Litigation, Civil Rights Litigation, Supreme Court | Tagged , , , , | Comments Off on Supreme Court Holds That Disparate Impact Claims Can Be Brought Under The Fair Housing Act

Curbing Agency Power: Is Deference Owed to Agency Interpretations of Criminal Statutes?

Buried at the end of 24 pages of Supreme Court Orders on November 10, 2014 is an intriguing three-page Statement by Justice Scalia, joined by Justice Thomas, respecting the denial of certiorari in Whitman v. United States, No. 14-29. Whitman involved a criminal … Continue reading

Posted in Criminal Law, Securities Litigation, Supreme Court | Tagged , , , | Comments Off on Curbing Agency Power: Is Deference Owed to Agency Interpretations of Criminal Statutes?

Supreme Court Will Review Disparate Impact Theory in Housing Cases

In Texas Department of Housing & Community Affairs v. Inclusive Communities Project,  No. 13-1371 (October 2, 2014), the Supreme Court has agreed to decide whether disparate impact claims are cognizable under the Fair Housing Act. This is the third time the … Continue reading

Posted in american business, Business Litigation, Supreme Court | Tagged , , , , | Comments Off on Supreme Court Will Review Disparate Impact Theory in Housing Cases

Supreme Court Denies Review in Pending Same-Sex Marriage Cases

The Supreme Court today denied review in all of the pending same-sex marriage cases. While early commentators expressed great surprise at this development, it was clearly foreseeable. As I indicated in several prior posts on Twitter, the court was unlikely … Continue reading

Posted in constitutional litigation, Supreme Court | Tagged , | Comments Off on Supreme Court Denies Review in Pending Same-Sex Marriage Cases

Supreme Court Rules that Securities Litigation Uniform Standards Act Does Not Foreclose State Fraud Actions Not Based on a Covered Security

In Chadbourne & Parke LLP v. Troice, Nos. 12-79 et al. (February 26, 2014), the Supreme Court held, by a seven-to-two margin, that the Securities Litigation Uniform Standards Act (“SLUSA”) did not bar a state law fraud action in which … Continue reading

Posted in Securities Litigation, Supreme Court | Tagged , , , , | Comments Off on Supreme Court Rules that Securities Litigation Uniform Standards Act Does Not Foreclose State Fraud Actions Not Based on a Covered Security

McCullen v. Coakley: The Supreme Court Strikes Down a “Buffer Zone” Which Restricted Pro-Life Advocacy at Abortion Clinics

This post updates my January 15, 2014,  post on the oral argument in McCullen v. Coakley: The State of Massachusetts enacted legislation which barred all individuals, except for certain municipal agents and facility workers “acting within the scope of their … Continue reading

Posted in constitutional litigation, Religion, Supreme Court | Tagged , , , , , , , | Comments Off on McCullen v. Coakley: The Supreme Court Strikes Down a “Buffer Zone” Which Restricted Pro-Life Advocacy at Abortion Clinics

Justice Anthony Kennedy, United States v. Windsor, and the Concept of Human Dignity

Since the retirement of Justice Sandra Day O’Connor in 2005, Justice Anthony Kennedy has been the most important swing vote on the Supreme Court, especially in constitutional litigation. Because of this, Supreme Court advocates often attempt to secure his vote … Continue reading

Posted in constitutional litigation, Supreme Court | Tagged , , , , , , , , , , , | Comments Off on Justice Anthony Kennedy, United States v. Windsor, and the Concept of Human Dignity

“Too Darn Bad”: Class Action Waivers Are Enforceable in Arbitrations

In American Express Co. v. Italian Colors Restaurant, No. 12-133 (June 20, 2013), the Supreme Court held, by a five to three margin, that class action waivers are enforceable under the Federal Arbitration Act even if it was too expensive to … Continue reading

Posted in Business Litigation, Supreme Court | Tagged , , , , , , | Comments Off on “Too Darn Bad”: Class Action Waivers Are Enforceable in Arbitrations