April 07, 2014 | Supreme Court Brief
Facebook Case Tests Scope of 'True Threat'A man convicted of making threats using Facebook has asked the U.S. Supreme Court to resolve a circuit split over what constitutes a "true threat."
By Michelle Olsen
3 minute read
February 12, 2014 | National Law Journal
Justice Kagan on Opinion Writing, LegacySpeaking to an audience in Washington, Justice Elena Kagan recently reflected on her future legacy as a justice—and on what a possible Kagan bobblehead would look like.
By Michelle Olsen
4 minute read
January 22, 2014 | Supreme Court Brief
Are 'Boobies' Bracelets the New Black Armbands?Federal courts are split over whether schools can ban bracelets that say “i ♥ boobies! (KEEP A BREAST).” The bracelets are part of a breast cancer awareness movement targeted at youth, but some middle and high school administrators view them differently. A petition for certiorari on this free speech issue is pending at the U.S. Supreme Court.
By Michelle Olsen
4 minute read
December 16, 2013 | Supreme Court Brief
Laugh Tracking at the High CourtAs the new term opened this fall, laughter temporarily disappeared from argument transcripts and a mild rumpus ensued on social media. Laughter eventually did make a comeback, but not without some unanswered questions.
By Michelle Olsen
4 minute read
November 05, 2013 | National Law Journal
Disagreement Over Attorney Fees for Inmate AppealMary Murguia, one of the newest judges on the U.S. Court of Appeals for the Ninth Circuit, recently took on two of her longest serving colleagues in a dispute over attorney fees in prisoner litigation. Murguia has another appeals court, the Sixth Circuit, on her side. The U.S. Supreme Court could be asked to resolve the split.
By Michelle Olsen
4 minute read
March 09, 2011 | National Law Journal
Circuit Split Watch: Book 'em (and collect DNA?)Every day, throughout the country, police arrest and book suspects. They take fingerprints and mug shots. A growing question that could reach the Supreme Court in the months ahead is whether police can also routinely collect DNA from suspects, either at booking or otherwise before conviction. Courts have reached different conclusions, illustrated by two pending federal appellate cases.
By Michelle Olsen
3 minute read
April 19, 2011 | National Law Journal
Circuit Split Watch: Unambiguous and Plain?"Unambiguous" and "plain." That is how the U.S. Courts of Appeals for the 4th and 9th Circuits, respectively, described 18 U.S.C. � 3624(e), a tolling provision for supervised release. Then, they reached different conclusions about it. The number of circuits taking a side in this split is growing, with four decisions in the past three years alone. The Supreme Court has not yet stepped in, but circuit split watchers should stay tuned.
By Michelle Olsen
4 minute read
October 03, 2012 | National Law Journal
Circuit Split Watch: Earning a return on seized moneyWhen the United States seizes and later returns a person's money, the question arises: who should get the interest earned while it was in the hands of the government?
By Michelle Olsen
3 minute read
July 02, 2012 | National Law Journal
Circuit Split Watch: The Miranda exception and booking questionsUnder an exception to the Miranda rule, police can ask routine booking questions such as a suspect's name and address without giving a warning. But what about booking questions that have the potential to reveal more?
By Michelle Olsen
4 minute read
June 10, 2013 | National Law Journal
Circuit Split Watch: Streaming live broadcast televisionThrough a service called Aereo, live broadcast television is available on computers in some areas. Many consumers welcome the option, but broadcasters — alleging copyright infringement — are not fans. One federal appellate court recently ruled in favor of Aereo, while another is reviewing a contrary result. The U.S. Supreme Court may have the final word.
By Michelle Olsen
4 minute read
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