Recent Decisions
Upper Skagit Tribe v. Lundgren (May 21, 2018)
The Upper Skagit Indian Tribe purchased land and commissioned a boundary survey, which convinced the Tribe that about an acre of its land lay on the other side of a boundary fence between its land and land owned by the Lundgrens. The Lundgrens filed a quiet title action in Washington state court, ar...
Epic Systems Corp. v. Lewis (May 21, 2018)
Despite employment contracts providing for individualized arbitration to resolve employment disputes, employees sought to litigate Fair Labor Standards Act claims through collective actions. The Federal Arbitration Act generally requires courts to enforce arbitration agreements, but the employees ar...
United States v. Sanchez-Gomez (May 14, 2018)
A challenge to court policies concerning restraints, brought by criminal defendants, was rendered moot by the resolution of their underlying criminal cases.
Dahda v. United States (May 14, 2018)
Wiretap orders, purportedly authorizing interceptions outside of the issuing judge's territorial jurisdiction, were not facially insufficient with respect to communications intercepted within the judge's territorial jurisdiction.
McCoy v. Louisiana (May 14, 2018)
The Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing offers the best chance to avoid the death penalty.
Byrd v. United States (May 14, 2018)
The mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his otherwise reasonable expectation of privacy.
Murphy v. National Collegiate Athletic Association (May 14, 2018)
Professional and Amateur Sports Protection Act provision prohibiting state authorization of sports gambling schemes violates the anti-commandeering rule and is unconstitutional.
Latest Supreme Court News
Opinion analysis: Justices reject state-court justification for limiting tribal immunity from state-court actions to adjudicate title to land
SCOTUSblog,
Rarely have I read a set of opinions that so closely tracked the discussion at oral argument as the opinions this morning in Upper Skagit Indian Tribe v Lundgren. The case involves a narrow and technical question of sovereign immunity: whether the immunity of a federally recognized Indian tribe protects it from a suit in…
Supreme Court Deals a Blow to Workers
The New York Times,
Employees who are underpaid, harassed or discriminated against have been left to press their cases alone in arbitration.
Opinion analysis: Employers prevail in arbitration case (Updated)
SCOTUSblog,
[NOTE: This post was updated with additional analysis at 3:30 p.m.] In 1925, Congress passed the Federal Arbitration Act, which (among other things) provides that an agreement to arbitrate a dispute “shall be valid, irrevocable, and enforceable.” Ten years later, Congress enacted the National Labor Relations Act, which makes clear that employees have the right…
Indian Tribes Dig In to Gain Their Share of Sports Betting
The New York Times,
As state governments develop plans to introduce sports betting, some American Indian tribes in the casino business are working to make sure they’re dealt in.
What Senator Grassley’s Recent Exhortation to (Conservative) Justices to Retire Promptly Says About our Federal Judicial Selection System
Justia's Verdict,
Illinois Law dean and professor Vikram David Amar laments the present state of the federal judiciary system, recently illustrated by Senator Chuck Grassley's call to conservative Supreme Court justices to retire promptly. Amar explains why the proposal of term limits for Supreme Court justices would address some of the concerns of partisanship and would not present issues of judicial independence or due process.
Press Release Regarding Justice Sotomayor
Supreme Court of the United States,
U.S. Supreme Court Justice Sonia Sotomayor is scheduled to undergo reverse total shoulder replacement surgery tomorrow morning. Justice Sotomayor injured her left shoulder in a fall at her home on April 16. Tests revealed she suffered a multipart displaced head splitting fracture of her proximal humerus. Further consultation with specialists indicated surgery was warranted. Justice Sotomayor will curtail activities for the next few weeks while she recuperates. She will wear a sling for...
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