Every post published in April 2006, most recent first.
This is another in a continuing series of reports on interesting new appeals to the Supreme Court. At this stage, the blog takes no position on whether the Court is likely to review the case. These reports appear only when the blog is able to obtain an electronic copy of a petition.
The following was prepared by Stanford Law Student Eric Tuttle. On Wednesday, the Supreme Court heard argument in Mohawk Industries v. Williams, a case regarding the application of the Racketeer Influenced and Corrupt Organizations Act (RICO).
Concurring Opinions has this post on the Supreme Court and the role of foreign and international law in interpreting the U.S. Constitution and this post titled, “Roberts’ And Alito’s Pragmatic Turn.” Legal Theory Blog has this post titled, “Hasen on the Sixth Circuit on Hasen on Bush v. Gore and the Theory of Horizontal Stare Decisis.” Rick Hasen comments here.
The Supreme Court ruled on Wednesday that when a mailed notice of a tax sale is returned unclaimed, a state must take added steps to attempt to make sure the property owner knows the property is at risk before it may be sold.
The Supreme Court, dividing 5-4, ruled on Tuesday that federal trial judges have discretion whether or not to dismiss a prisoner’s habeas petition as too late, even though a state had conceded erroneously that the petition had been filed on time.
Washington newspaper readers woke up on Tuesday morning to a new demand, by the chairman of the Senate Judiciary Committee, Arlen Specter, a Pennsylvania Republican, that the Supreme Court be ordered to open its public proceedings to television coverage.
This is another in a continuing series of reports on interesting new appeals to the Supreme Court. At this stage, the blog takes no position on whether the Court is likely to agree to review the cases. The reports will appear only when the blog has obtained an electronic copy of the petition.
Wednesday’s first case is Hill v. McDonough, No. 05-8794, which presents the question whether a prisoner’s action under 42 U.S.C. § 1983, challenging the constitutionality of Florida’s use of certain chemicals in its lethal injection protocol, is properly recharacterized as a successive habeas petition.
Here the Wall Street Journal Law Blog has a post on an NPR interview with Dahlia Lithwick discussing “Supreme Court TV.” Here is ACSBlog with a post on Kelo and eminent domain in Illinois. This week, the Legal Theory Bookworm recommends The Nature of the Judicial Process by Benjamin Cardozo.
The Supreme Court on Monday did not grant any new cases for review. But, in a major test case on the application of U.S. patent laws to the digital world, the Court asked the U.S. Solicitor General to express his views on Microsoft v. AT&T Corp. (05-1056).