|
 |
|
* Free registration required
It's Predictable: Supreme Court Gunning for McCain-Feingold
The National Law Journal
September 8, 2009
Melvin I. Urofsky writes that, as a historian, he tends to fend off questions about the future. "I only know what happened," he tells his students. But Urofsky is sticking with his prediction that the outcome of the highly anticipated U.S. Supreme Court argument in Citizens United v. Federal Election Commission, will be that one or more sections of McCain-Feingold, more formally known as the Bipartisan Campaign Reform Act, will be declared unconstitutional.
|
|
|
Supreme Court's Unexpected 'Judicial Minimalism' in Voting Rights Case
Special to Law.com
July 2, 2009
In recent years, the Supreme Court has been quick to nullify federal and state laws, agency rules and presidential actions, say Jenner & Block's Paul M. Smith and Joshua Block. They write that it was thus an unexpected -- but welcome -- development for the Court to rely exclusively on statutory interpretation and to avoid the hotly contested constitutional question at the heart of Northwest Austin Municipal Utility District Number One v. Holder, a challenge to Section 5 of the Voting Rights Act.
|
|
|
Strip Search Case Reveals the Need for Another Female Justice
Special to Law.com
May 13, 2009
The tenor of some of the media coverage of the school strip search case now before the U.S. Supreme Court -- as well as comments made by some of the justices during oral argument -- has been disquieting, writes attorney Cheryl D. Stein. The nature of the reactions illustrates both that our society is still too tolerant of assaults on the dignity of women and that institutions such as the Supreme Court that lack significant input from women are not equipped to recognize or to redress that problem, Stein says.
|
|
|
Supreme Court Sides With Consumers in Federal Arbitration Ruling
Special to Law.com
March 20, 2009
In a case that pitted Discover Bank against a defaulted credit card customer, a divided U.S. Supreme Court recently resolved a long-standing circuit split regarding parties' ability to seek federal court assistance to compel arbitration of litigation pending in state court. Though the majority opinion was a win for the consumer, Discover can find some solace in having split the Court nearly as well as it hoped to split the customer's state-court counterclaims, writes attorney J. Noah Hagey.
|
|
|
Strip-Searching Kids: A Bad Prescription
The National Law Journal
March 3, 2009
Educators cannot responsibly ignore tips that students may be taking or distributing dangerous drugs, but the Supreme Court has long recognized that students do not abandon their rights at the schoolhouse door, writes commentator Vivian Berger. In a recently-granted case involving the strip-search of an eighth-grade girl for prescription drugs, the justices may duck the constitutional issue and pen a decision that effectively validates a bad practice, without having to defend it directly, Berger predicts.
|
|
|
|
|
 |
|
|
|
