Michelle Olsen

June 04, 2012 | National Law Journal

Could the Computer Fraud and Abuse Act be used to "turn ordinary citizens into criminals"? Or is this fear based on "far-fetched" and "wacky" hypotheticals? Those were the divergent views of the majority and the dissent in United States v. Nosal, a recent 9-2 decision of the U.S. Court of Appeals for the 9th Circuit, sitting en banc. Chief Judge Alex Kozinski, writing for the majority, acknowledged that its reading of the CFAA splits from other federal appellate court decisions. A petition for certiorari could be filed this summer.

By Michelle Olsen

4 minute read

April 30, 2012 | National Law Journal

In a matter of days, a new battle over abortion could reach the U.S. Supreme Court. At issue is whether states can require doctors to perform ultrasounds on women seeking abortions, and to display and describe the fetal images to them. Federal courts have recently split on the question.

By Michelle Olsen

4 minute read

January 16, 2013 | National Law Journal

The U.S. Supreme Court’s landmark D.C. v. Heller declared an individual right to possess a firearm at home, but left open the question of gun rights in public. The high court could be asked to weigh in soon on the issue, which has split federal appellate courts and again been part of the national conversation since the Newtown, Conn., shootings.

By Michelle Olsen

4 minute read

August 29, 2012 | National Law Journal

Federal appellate courts are split over whether money sanctions issued against an attorney can be reduced when he or she cannot afford to pay. The question has also split conservative and liberal thought leaders, in unexpected ways. The Supreme Court, which recently decided another costs case, could be asked to resolve the split.

By Michelle Olsen

4 minute read

February 01, 2012 | National Law Journal

Can a suit alleging brutal suppression of union agitators at a Mercedes-Benz plant in Argentina be heard in a United States court? The U.S. Court of Appeals for the 9th Circuit recently said yes. This result perpetuates a circuit split about U.S. jurisdiction over foreign corporations, which the Supreme Court could soon review. The Court has already agreed to hear argument February 28 on related issues.

By Michelle Olsen

4 minute read

June 16, 2011 | National Law Journal

At first, the facts in Heydt-Benjamin v. Heydt-Benjamin, a pending petition for certiorari, seem commonplace: a marriage, two kids, a divorce filing, and a custody battle. Add concepts like "international child abduction," "treaty obligations," and "habitual residence," though, and the case becomes more complex — complex enough, according to the petition, to create a clear and well-developed circuit split.

By Michelle Olsen

4 minute read

January 10, 2012 | National Law Journal

The U.S. Supreme Court will soon have the chance to revisit Padilla v. Kentucky, its 2010 decision holding that the Sixth Amendment requires attorneys to inform their clients about the possible deportation consequences of a guilty plea.

By Michelle Olsen

4 minute read

April 23, 2013 | National Law Journal

The Benedictine monks of St. Joseph Abbey in southern Louisiana make and sell wooden caskets to support their monastery. State regulators are not happy about it, though, because they say the monks need a license. The U.S. Court of Appeals for the Fifth Circuit recently ruled for the monks, adding to a circuit split on licensing for casket sales. The U.S. Supreme Court could be asked to weigh in soon.

By Michelle Olsen

4 minute read

October 31, 2012 | National Law Journal

Paul Cassell, a former federal judge, represents child pornography victims in a series of federal appellate cases. In October alone, Cassell notched a win and a loss in two circuit courts and argued in another. The case he won created a circuit split about restitution for victims, which the U.S. Supreme Court will almost certainly be asked to review.

By Michelle Olsen

4 minute read

August 17, 2011 | National Law Journal

The U.S. Constitution protects members of Congress from interference in their work by the other branches of government. The scope of this privilege, which aims to ensure legislative independence without enabling misconduct, has recently split two federal appellate circuits and will likely reach the Supreme Court soon as a petition for certiorari.

By Michelle Olsen

4 minute read