By Tony Mauro | March 19, 2018
The court's four liberal justices issued a separate statement agreeing that the appeal should be denied, but hoping a future case would be a better platform for reviewing capital punishment.
By Tony Mauro | March 16, 2018
"We built the case from the ground up," Goldstein & Russell founder Tom Goldstein said at a Georgetown University Law Center panel discussion. "We designed the legislation. Got the legislation passed. We went into court. We told the courts that 'hello, we want to lose.'"
New Jersey Law Journal | Analysis
By Kelly Ann Bird, Elizabeth Cowit and Brittany E. Grierson | March 16, 2018
As 2018 progresses, businesses are contending with a whirlwind of activity involving many facets of employment law, including exemption status, pending Supreme Court cases, and responses to myriad harassment claims.
New York Law Journal | Analysis
By Samuel Estreicher and Holly H. Weiss | March 16, 2018
In their Arbitration column, Samuel Estreicher and Holly H. Weiss write: The Supreme Court has taken up two questions for review: (1) whether a dispute over applicability of the Federal Arbitration Act (FAA)'s Section 1 exemption must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies only to “contracts of employment” involving transportation workers, is inapplicable to agreements establishing an independent contractor relationship.
New York Law Journal | Analysis
By Diane Goldstein Temkin and Barry R. Temkin | March 15, 2018
The Rules of Professional Conduct allocate primary decision-making about fundamental strategic issues to the client. While superseding the client's decision-making with that of the lawyer is permissible for routine tactical matters, that is not the case for fundamental decisions such as whether or not to plead guilty, whether to settle a civil case, whether to go to trial, whether to assert an insanity defense, or whether to concede guilt at trial in the hope of averting greater punishment.
By Marcia Coyle | March 15, 2018
The U.S. Supreme Court starts the term's second-to-last argument cycle on Monday. But first: the March 16 conference. Here are five cases on the justices' plate for review.
By Marcia Coyle | March 14, 2018
A legal writing professor's examination of U.S. Supreme Court decisions shows the justices usually achieve unanimity on most matters of style. But on three points—conjunctions, possessives and fragments—the justices divide.
By Tony Mauro | March 14, 2018
Part of the problem surrounding Justice Antonin Scalia's death, the documents reveal, was that he chose not to have federal protection while at the Cibolo Creek Ranch, the hunting resort where he died in February 2016.
New Jersey Law Journal | Analysis
By Harry Giacometti and Damien Tancredi | March 14, 2018
When faced with a suit for actions taken in the course of a trustee's appointment, the trustee should first consider whether the plaintiff complied with the Barton Doctrine.
By Jennifer Schwartz, Tammy Marzigliano and Amy Biegelsen | March 14, 2018
Employees must report to the Securities and Exchange Commission to state a retaliation claim under Dodd-Frank, internal reporting alone is no longer sufficient.
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