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Petition of the day

July 28th, 2017 12:38 PM

Petition of the dayThe petition of the day is: City of Hays, Kansas v. Vogt 16-1495 Issue: Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial.

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SCOTUSblog announces partnership with First MondaysAs SCOTUSblog approaches its 15th birthday in October, we have been reflecting on how we might be able to expand the blog’s offerings. Many of our readers have asked why we don’t offer a regular podcast to update our audience on the doings of the Supreme Court. We think that’s a good question: Podcasts allow […]

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Friday round-up

July 28th, 2017 07:43 AM

Friday round-upAs the justices engage in their summer travels, their remarks from around the globe are drawing attention. Constitution Daily reports that “[d]uring a one-hour interview on Wednesday in New Zealand, Chief Justice of the United States John G. Roberts offered some candid thoughts about technology’s impact on potential new cases heading to the Supreme Court.” […]

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Symposium: It’s just a tort case

July 27th, 2017 02:24 PM

Symposium: It’s just a tort caseRichard Herz is a senior litigation attorney at EarthRights International. ERI filed an amicus brief in support of the plaintiffs in Jesner v. Arab Bank, PLC. Corporate legal personhood is a bedrock tenet of our law (and every other nation’s). Corporations have been given rights, including constitutional rights. And corporations can sue on their own […]

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Petition of the day

July 27th, 2017 12:28 PM

Petition of the dayThe petition of the day is: Final Exit Network, Inc. v. Minnesota 16-1479 Issues: (1) Whether Minnesota’s criminal prohibition of “speech” that “enables” a suicide survives strict scrutiny under the First Amendment; and (2) whether Minnesota’s criminal prohibition of “speech” that “enables” a suicide violates the First Amendment.  

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Symposium: Dusting off corporate liability in <em>Jesner</em> – Why there is no international consensus and why courts lack authority to innovate on the issueKristin A. Linsley is a partner at Gibson Dunn & Crutcher LLP. The views expressed herein are solely hers and do not necessarily represent the views of Gibson Dunn. In a previous position, she filed an amicus brief for the Coca-Cola Company and Archer Daniels Midland Company in support of the corporate respondents in Kiobel […]

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Thursday round-up

July 27th, 2017 07:43 AM

Thursday round-upBriefly: At Crime and Consequences, Kent Scheidegger weighs in on yesterday’s execution of an Ohio death-row inmate, carried out after the Supreme Court denied the inmate’s petition for a stay, in which the inmate had challenged the state’s lethal-injection protocol; he argues that “[w]e spend far too much in time and resources litigating issues that […]

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Symposium: Combating terrorist financing through corporate liability under the Alien Tort StatuteMichael Barr is the Roy F. and Jean Humphrey Proffitt Professor of Law at the University of Michigan Law School. He filed an amicus brief for financial regulation scholars and former government officials in support of the plaintiffs in Jesner v. Arab Bank, PLC. The Supreme Court has again decided to consider whether corporations can […]

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Petition of the day

July 26th, 2017 12:32 PM

Petition of the dayThe petition of the day is: Adhikari v. Kellogg Brown & Root, Inc. 16-1461 Issue: Whether, under Kiobel v. Royal Dutch Petroleum’s “touch and concern” test, courts must consider all connections Alien Tort Statute claims have to U.S. territory, as the U.S. Court of Appeals for the 4th, 9th, and 11th Circuits have held, or only the location […]

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Symposium: A federal-common-law approach to corporate liability under the Alien Tort StatuteAnton Metlitsky is a partner at O’Melveny & Myers LLP. He filed an amicus brief for the Chamber of Commerce of the United States of America and other organizations in support of neither party in Jesner v. Arab Bank, PLC. Enacted as part of the Judiciary Act of 1789, the Alien Tort Statute provides: “The district courts […]

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