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Stephen A Miller

Stephen A Miller

May 24, 2011 | The Legal Intelligencer

Global-Warming Litigation Gets Frosty Reception at the Supreme Court

It is often difficult to predict the outcome of Supreme Court cases. This is not because the individual justices are particularly fickle or inscrutable. The reason is quite simple: The cases that make it all the way to the Supreme Court are hard.

By Stephen A. Miller

10 minute read

March 21, 2011 | The Legal Intelligencer

Justices Poised to Clarify Standards of Proof in Intellectual Property Cases

The Supreme Court's docket in recent years reflects the explosion in intellectual property litigation throughout the country. In the past five years, the court has decided more than double the number of IP cases that it decided in the previous five years.

By Stephen A. Miller

8 minute read

April 19, 2011 | The Legal Intelligencer

Confronting Changes in Confrontation Clause Jurisprudence

It is a little-known fact that statues of turtles rest at the bottom of several lampposts in the Supreme Court building. Architect Cass Gilbert's design of the building reportedly featured the turtle prominently because it symbolized the slow, deliberate pace of justice to be rendered by the court. For the most part, the analogy has held true.

By Stephen A. Miller

10 minute read

February 14, 2011 | The Legal Intelligencer

'Bad Vehicles' Could Cause Crash in Class Actions

In U.S. Supreme Court parlance, a "bad vehicle" is a case whose factual or procedural posture exerts an adverse influence on the legal rule that the justices announce and apply.

By Stephen A. Miller

10 minute read

November 29, 2010 | The Legal Intelligencer

Three Supreme Court Cases to Test 'Presumption Against Pre-emption'

Several political candidates won elections recently with calls to reinvigorate states' rights.

By Stephen A. Miller

10 minute read