Stephen A Miller

February 06, 2019 | The Legal Intelligencer

The Supreme Court is considering whether a state can be haled into another state's courts without its consent. In January, the court heard oral argument in Franchise Tax Board of California v. Hyatt, a case that will resolve whether the Constitution grants each state immunity from suit in foreign states' courts.

By Stephen A. Miller and Chase A. Howard

6 minute read

January 09, 2019 | The Legal Intelligencer

The Supreme Court is currently re-considering the separate sovereigns exception to the Fifth Amendment's Double Jeopardy Clause. This doctrine, which has existed for nearly 200 years, allows a state government to bring charges for conduct that has already been the subject of federal prosecution (and vice versa).

By Stephen A. Miller and Leigh Ann Benson

5 minute read

December 05, 2018 | The Legal Intelligencer

The U.S. Supreme Court is considering whether the Eighth Amendment's prohibition against cruel and unusual punishment bars the execution of an inmate suffering severe dementia.

By Stephen A. Miller and Rachel Collins Clarke

5 minute read

December 05, 2018 | Litigation Daily

The U.S. Supreme Court is considering whether the Eighth Amendment's prohibition against cruel and unusual punishment bars the execution of an inmate suffering severe dementia.

By Stephen A. Miller and Rachel Collins Clarke

5 minute read

November 08, 2018 | The Legal Intelligencer

The Supreme Court is considering a consolidated action presenting questions of liability for asbestos injuries caused by bare-metal products.

By Stephen A. Miller and Leigh Ann Benson

5 minute read

October 10, 2018 | The Legal Intelligencer

The Supreme Court is considering a challenge to a sex-offender registration law that could have wide-ranging consequences for the structure of the federal government. The eight-member court heard oral argument on the second day of its new term in Gundy v. United States.

By Stephen A. Miller and Andrew D. Linz

6 minute read

September 28, 2018 | The Legal Intelligencer

The U.S. Supreme Court will spring back into action this month with a roster of eight. The first batch of cases chosen for review lack the “wow” factor of several of last term's cases, but they nonetheless present several interesting issues.

By Stephen A. Miller

6 minute read

May 07, 2018 | The Legal Intelligencer

In the United States, antitrust law strives to eliminate price-fixing affecting the U.S. market. That price-fixing activity sometimes occurs outside the United States, and some defendants ensnared in antitrust inquiries have invoked a plausible defense that can be summarized as: A foreign government made me do it!

By Stephen A. Miller and Isaac A. Binkovitz

6 minute read

April 13, 2018 | The Legal Intelligencer

Does the First Amendment allow a state to prohibit voters from wearing “political” apparel, such as T-shirts and buttons, in the voting booth on Election Day? The U.S. Supreme Court will address this question in Minnesota Voters Alliance v. Mansky, setting up a clash between a state's interests in an intimidation-free polling place versus an individual's freedom of speech.

By Stephen A. Miller and Pamela Dorian

5 minute read

April 03, 2018 | The Legal Intelligencer

In Collins v. Virginia, the Supreme Court will decide whether police need a warrant to search a motor vehicle close to a person's home. The justices will try to balance powerful Fourth Amendment pressures on both sides—the traditionally strong protection of privacy interests at a person's home weighted against the traditionally low protection for privacy interests in automobiles.

By Stephen A. Miller and Pamela Dorian

6 minute read