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Courts

The Supreme Court’s Options in the Harvard and UNC Affirmative Action Cases
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The Supreme Court’s Options in the Harvard and UNC Affirmative Action Cases

October 31, 2022October 31, 2022 capitolhilltim

The Supreme Court heard oral arguments today in two cases challenging Harvard and UNC’s inclusion of racial preference in admissions. The plaintiffs contend that Harvard […]

Ninth Circuit Confirms that District Courts Can Enforce Expansive Restitution Agreements
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Ninth Circuit Confirms that District Courts Can Enforce Expansive Restitution Agreements

October 25, 2022October 25, 2022 capitolhilltim

The Ninth Circuit issued an interesting opinion today on restitution. It confirmed that criminal defendants may agree to large amounts of restitution above and beyond […]

How Should Courts Evaluate Gun Regulations After Bruen?
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How Should Courts Evaluate Gun Regulations After Bruen?

June 23, 2022June 23, 2022 capitolhilltim

It’s a topic that is open to debate and much can be said about it. N.Y. State Rifle & Pistol Ass’n v. Bruen opinion, and […]

Prof. Michael McConnell, Jeff Rosen, and I on the Court’s Recent Free Speech and Religious Freedom Cases
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Prof. Michael McConnell, Jeff Rosen, and I on the Court’s Recent Free Speech and Religious Freedom Cases

April 5, 2022April 5, 2022 capitolhilltim

On a Constitution Center podcast: In cases concerning the First Amendment, two Supreme Court decisions were almost unanimously rendered last week. In one, Chief Justice […]

Islamic Prenuptial Agreements in American Courts
News

Islamic Prenuptial Agreements in American Courts

March 17, 2022March 17, 2022 capitolhilltim

Start at Parbeen v. BariYesterday’s decision was made by the Florida Court of Appeal in Fourth District. Judge Alan Forst authored an opinion, which was […]

Should Courts Stop Using “Substantive” Canons of Construction?
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Should Courts Stop Using “Substantive” Canons of Construction?

March 8, 2022March 8, 2022 capitolhilltim

Ysleta del Sur Pueblo v. Texas was argued a few weeks back. This case is most well-known for its amusing discussion about “what’s ‘bingo?” Many […]

Do Circuit Courts Have “Supervisory Power” Over District Courts?
News

Do Circuit Courts Have “Supervisory Power” Over District Courts?

March 4, 2022March 4, 2022 capitolhilltim

Today’s Supreme Court opinion was oddly issued on Friday. The Court unanimously ruled that the Foreign Intelligence Services Act doesn’t invalidate the state secrets privilege. […]

Two Courts Debunk Persistent Opioid Myths
News

Two Courts Debunk Persistent Opioid Myths

February 17, 2022February 17, 2022 capitolhilltim

State and local governments filed thousands against drug companies since 2014 to sue them for creating the opioid crisis. They claim that they exaggerated the […]

Palin v. NYT Jurors “Learned of the Court’s” Decision Against Palin Before Rendering the Verdict”
News

Palin v. NYT Jurors “Learned of the Court’s” Decision Against Palin Before Rendering the Verdict”

February 16, 2022February 16, 2022 capitolhilltim

From Judge Rakoff, S.D.N.Y. Today in Palin v. New York Times: The Court has a standard practice of asking the jury if they have any […]

The Supreme Court’s Alabama Redistricting Ruling Looks Like a Holding Pattern, Not a Power Grab
News

The Supreme Court’s Alabama Redistricting Ruling Looks Like a Holding Pattern, Not a Power Grab

February 8, 2022February 8, 2022 capitolhilltim

The Supreme Court on Monday waded once more into the high-stakes battle over congressional redistricting—but the decision doesn’t seem to be the partisan power grab […]

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