Tag Archives: Supreme Court

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




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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




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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




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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




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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




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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




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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




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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




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“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




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Patenting Human Genes: The Supreme Court’s Myriad Genetics Opinion




In its much-anticipated opinion on the patenting of human genes, the Supreme Court decided to split the baby. In Association For Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (June 13, 2013), a unanimous court ruled that a naturally occurring … Continue reading




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