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Today, the Supreme Court hears arguments about the Constitutional limits on (1) freezing a criminal defendant's assets without a pretrial hearing; and (2) a state's use of mental health exam results as rebuttal testimony:

(1) Kaley v. United States [see our preview at http://www.law.cornell.edu/supct/cert/12-464]

  • Do the Fifth and Sixth Amendments require a pretrial, adversarial hearing, at which the defendant may challenge the underlying charges before the government can freeze assets needed by the defendant to retain counsel of choice?

(2) Kansas v. Cheever [see our preview at http://www.law.cornell.edu/supct/cert/12-609]

  • When a defendant presents expert testimony that he was not in the required mental-state to commit a capital offense because of methamphetamine use, does the State violate the defendant’s right against self-incrimination by presenting rebuttal testimony based on a court-ordered mental evaluation of the defendant?

 

Today, the Supreme Court hears arguments about (1) prohibitions on considering race in public university admissions; (2) the jurisdiction of federal courts over certain foreign corporations; and (3) the statue of limitations for judicial review on denied disability benefits claims:

(1) Schuette v. Coalition to Defend Affirmative Action [see our preview at http://www.law.cornell.edu/supct/cert/12-682]

  • Does a state violate the Equal Protection Clause or political-restructuring doctrine by amending the state constitution to prohibit public universities and schools from using race in their admissions processes?

(2) DaimlerChrysler AG v. Bauman [see our preview at http://www.law.cornell.edu/supct/cert/11-965]

  • Does a federal court have jurisdiction over a foreign corporation not incorporated in the forum state solely because the corporation’s indirect corporate subsidiary performs services for the corporation in the forum state?

(3) Heimshoff v. Hartford Life & Accident Insurance Co.  [see our preview at http://www.law.cornell.edu/supct/cert/12-729]

  • Does the statute of limitations for judicial review of an adverse determination on a disability benefits claim begin to accrue at the time specified by an insurance policy or when the claimant files an ERISA disability claim?
Oct 092013

Today, the Supreme Court hears arguments about (1) tax law and the jurisdiction of federal district courts; and (2) the intersection of contracts and the rules governing proper venue for resolving disputes:

(1)  US v. Woods  [see our preview at http://www.law.cornell.edu/supct/cert/12-562]

  • Does a district court have jurisdiction to determine whether an overstatement penalty should be applied in a partnership-level proceeding?
  • Does the overstatement penalty apply to an underpayment in federal income tax where the transaction lacks economic substance because the sole purpose of the transaction was to inflate the taxpayer’s basis in property?

(2)  Atlantic Marine Construction Co. v. US Dist. Court for the Western Dist. of TX  [see our preview at http://www.law.cornell.edu/supct/cert/12-929]

  • Can forum-selection clauses render statutorily proper venue improper?
  • How much weight should courts give forum-selection clauses under 28 U.S.C. § 1404(a)?
Oct 082013

Today at SCOTUS:

(1)  How should a court adjudicate a claim of ineffective assistance of counsel when the defendant accepted a plea deal?

- See our preview of Burt v. Titlow at http://www.law.cornell.edu/supct/cert/12-414

(2)  Do aggregate limits on individual political campaign contributions violate the First Amendment?

- See our preview McCutcheon v. FEC at http://www.law.cornell.edu/supct/oral_arg_previews.php

Oct 072013

Today at SCOTUS:

(1) When is a misrepresentation "material" enough to satisfy the "in connection with" requirement for SLUSA’s preclusion?

- See our preview of  Chabourne & Parke LLP v. TroiceWillis of Colo Inc. v. Troice; Proskauer Rose LLP v. Troice at http://www.law.cornell.edu/supct/cert/12-79 

(2) Age discrimination and the Equal Protection Clause.

- See our preview of Madigan v. Levin a http://www.law.cornell.edu/supct/cert/12-872