Stephen A. Miller

September 25, 2012 | The Legal Intelligencer

The vacation is over. After a summer of Olympic glories and relaxing days at the beach, it is time to re-engage with the Supreme Court.

By Stephen A. Miller

8 minute read

March 14, 2013 | The Legal Intelligencer

Congress funds a variety of causes to the exclusion of others. That is permissible and necessary. Congress cannot, however, condition its spending on the abandonment of recipients' constitutional rights. Legislation that steps over this line implicates the Unconstitutional Conditions Doctrine.

By Stephen A. Miller and Dylan M. Alper

7 minute read

December 19, 2012 | The Legal Intelligencer

The U.S. Supreme Court recently heard arguments in a number of interesting Fourth Amendment cases. Of particular interest is a case questioning police use of drug-sniffing dogs to detect contraband in a defendant's home, and another case questioning whether police may detain an individual who has left a premises about to be searched pursuant to a valid warrant.

By Stephen A. Miller and Jordan S. Fox

6 minute read

October 19, 2011 | The Legal Intelligencer

It is surely tempting to summarize the Supreme Court's upcoming term in the voice of Charlie Brown's teacher: "Wah wah, wah wah wah wah , health care, wah wah wah wah, health care."

By Stephen A. Miller

10 minute read

May 09, 2013 | The Legal Intelligencer

At oral argument in Association for Molecular Pathology v. Myriad Genetics, the U.S. Supreme Court recently grappled with the question of whether human genes are patentable.

By Stephen A. Miller and Diana Lin

7 minute read

January 27, 2012 | Texas Lawyer

The Supreme Court's review of several criminal-law cases this year focuses on what can and cannot be seen by the human eye.

By Stephen A. Miller

8 minute read

May 21, 2013 | New Jersey Law Journal

At oral argument in Ass'n for Molecular Pathology v. Myriad Genetics, the U.S. Supreme Court grappled with the question of whether human genes are patentable. Justice Stephen Breyer seemed to capture the justices' sentiment: "The patent law is filled with uneasy compromises." How the justices decide this case will affect the future work of the U.S. Patent and Trademark Office and shape the path of genetic research.

By Stephen A. Miller and Diana Lin

6 minute read

September 26, 2012 | The Legal Intelligencer

The Supreme Court will continue its recent trend of answering important questions in intellectual property litigation:

By Stephen A. Miller

6 minute read

April 24, 2013 | The Legal Intelligencer

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to agency decision-making.

By Stephen A. Miller and Jeffrey M. Monhait

6 minute read

July 03, 2012 | The Legal Intelligencer

Over the past year, the Supreme Court found itself the subject of an almost obsessive level of public interest. From The Today Show to the Harvard Law Review , the court's machinations were a hot topic. Public curiosity about the court and its decisions is cresting, and the most immediate impact — both in terms of timing and personal effect — is quite prosaic: We lawyers are going to get asked a lot of questions about the Supreme Court at our annual Fourth of July barbecues.

By Stephen A. Miller

12 minute read