Stephen A Miller

March 04, 2020 | The Legal Intelligencer

The Constitution permits judges to adjudicate only actual, ongoing cases or controversies. A case can become "moot," even on appeal, when the issues…

By Stephen A. Miller and Kristin A. Keehan

5 minute read

February 05, 2020 | The Legal Intelligencer

The U.S. Supreme Court heard oral argument November 2019 in Department of Homeland Security v. Regents of the University of California, a case that asks whether the Trump administration lawfully terminated the Deferred Action for Childhood Arrivals policy, also known as DACA.

By Stephen A. Miller and Julie Dostal

5 minute read

January 08, 2020 | The Legal Intelligencer

In December, the court heard oral argument in Georgia v. Public.Resource.Org, a case that may provide clarity on what sort of material constitutes a "government edict" that falls outside the scope of the copyright laws.

By Stephen A. Miller and Chase A. Howard

5 minute read

December 05, 2019 | The Legal Intelligencer

Two competing apparel companies find themselves before the U.S. Supreme Court after an 18-year trademark dispute. They are asking the court to consider the scope of the doctrine of res judicata, which precludes re-litigation of issues and claims that were, or could have been, litigated in a prior case.

By Stephen A. Miller and Leigh Ann Benson

5 minute read

November 05, 2019 | The Legal Intelligencer

The difficulty of convincing 12 jurors to agree unanimously on the overwhelming weight of evidence—or the lack thereof—is substantial. But that unanimity in criminal juries is not required in all courtrooms in America; some state courts recognize criminal convictions when the jury is not unanimous.

By Stephen A. Miller and Leigh Ann Benson

7 minute read

October 09, 2019 | The Legal Intelligencer

When does playing politics become criminal? Two lower courts in our area have held that there is a breaking point. In Kelly v. United States, the court must decide whether a public official who takes an official action motivated by political retribution violates federal fraud statutes.

By Stephen A. Miller and Ryan I. Kelly

4 minute read

September 13, 2019 | The Legal Intelligencer

There is a familiar rhythm to each U.S. Supreme Court term—the term begins with great excitement; a slow trickle of decisions emerge over the course of the next several months.

By Stephen A. Miller

7 minute read

May 02, 2019 | The Legal Intelligencer

The U.S. Supreme Court is considering whether to limit the power of administrative agencies. 'Kisor v. Wilkie,' which was argued last month, is a head-on challenge to the deference afforded to an agency when interpreting its own regulations.

By Stephen A. Miller and Leigh Ann Benson

5 minute read

March 28, 2019 | The Legal Intelligencer

The U.S. Supreme Court is currently considering whether a jury—as opposed to a judge—must make certain findings of fact necessary to revoke a defendant's supervised release

By Stephen A. Miller and Matthew Ohlheiser

5 minute read

March 06, 2019 | The Legal Intelligencer

The 21st Amendment ended Prohibition in 1933, but the amendment took center stage recently at the U.S. Supreme Court. The justices considered whether the amendment provided an exception to the dormant commerce clause, which disfavors state interference in interstate commerce.

By Stephen A. Miller and Max E. Kaplan

6 minute read