This week we highlight petitions pending before the Supreme Court that address the constitutionality of the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain, the availability of a suit seeking monetary damages
This week we highlight petitions pending before the Supreme Court that address, among other things, the availability of joint and several forfeiture under 18 U.S.C. § 981(a)(1)(C), whether the Lanham Act prohibits registering as a trademark an otherwise generic term when a generic top-level domain (“.com”) is added to it, and whether an ordinance prohibiting being topless in public classifies on the basis of gender.
This week we highlight petitions pending before the Supreme Court that address a district court’s discretion to deny a request for a writ of habeas corpus to compel a nonparty inmate to appear as a trial witness and whether solicitation can constitute an “attempt” under the Controlled Substances Act.
This week we highlight petitions pending before the Supreme Court that address, among other things, the ability of the Securities and Exchange Commission to seek and obtain disgorgement as “equitable relief”; how to assess whether a state-law test for determining employment classification is
This week we highlight petitions pending before the Supreme Court that address the scope of the United States Forest Service’s authority to grant rights-of-way in national-forest lands and whether the structure of the Consumer Financial Protection Bureau violates the separation of powers.
This week we highlight petitions pending before the Supreme Court that address, among other things, the effect of Section 929P(b) of the Dodd-Frank Act’s jurisdictional amendments on Sections 10(b) and 17(a) of the Securities Exchange Act in Securities and Exchange Commission enforcement actions
This week we highlight petitions pending before the Supreme Court that address, among other things, the requirements for a foreign company’s sales of components to qualify as induced infringement; when per diem payments to an employee constitute wages, rather than reimbursement, under the Fair
This week we highlight petitions pending before the Supreme Court that address, among other things, the viability of Hill v. Colorado in light of the Supreme Court’s intervening decisions in Reed v. Town of Gilbert and McCullen v. Coakley; and the application of the Fourth Amendment to knock-and-talk encounters.
This week we highlight petitions pending before the Supreme Court that address, among other things, what a court can consider when finding “circumstantial guarantees of [the] trustworthiness” of a hearsay statement, the proof a parent claiming substantive due process violations must submit to
This week we highlight petitions pending before the Supreme Court that address the constitutionality of denying retroactive application of the Hurst decisions based on an arbitrary cut-off point and other arbitrary factors, and whether a state agency’s policy of refusing to accept advertisements that promote or oppose religion violates the First Amendment or the Religious Freedom Restoration Act.
This week we highlight petitions pending before the Supreme Court that address, among other things, the standard for a plaintiff to meet the plausibility requirements of Federal Rule of Civil Procedure 8 and Ashcroft v. Iqbal, when a trial court should grant the press’s motion to access voir dire
This week we highlight petitions pending before the Supreme Court that address the applicability of the appointments clause to the Financial Oversight and Management Board for Puerto Rico, and the information a suppression court may properly consider.