On April 28, 2014, the Supreme Court heard oral argument in Nautilus, Inc. v. Biosig Instruments, Inc., and two days later, the Court heard argument in Limelight Networks, Inc. v. Akamai Technologies, Inc. These two patent cases have important implications for intellectual property law. Professor David Schwartz (IIT Chicago-Kent College of Law) explains the issues and background of both cases.
Monthly Archives: April 2014
Weekly Roundup – April 30, 2014
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Director Schmidt offers some perspective on Justice Sotomayor’s first oral dissent
How much free speech protection do public employees have? Professor Sheldon Nahmod explains the importance of this week’s arguments in Lane v. Franks
Can the police search your cell phone without a warrant on arrest? Professor Kim Bailey takes you Inside the Case of this week’s Riley v. California
Professors Christi Guerrini and Ed Lee analyze and predict the winner of the patent case Nautilus v. Biosig
Riley v. California: Inside the Case
On April 29, 2014, the Supreme Court hears oral argument in Riley v. California. This case raises a complicated question about technology: Can the police search your cell phone upon arrest without a warrant? Professor Kimberly Bailey (IIT Chicago-Kent College of Law) discusses the background of the case and the issues at stake.
Justice Sotomayor’s First Oral Dissent
On Tuesday, for the first time in her five years on the Supreme Court, Justice Sotomayor read a dissent from the bench. This was in Schuette v. Coalition to Defend Affirmative Action, the case in which the six-justice majority upheld Michigan’s ban on racial preferences in its public universities. Oral dissents, as a relatively unusual occurrence, can generate increased attention to a dissent. And a justice’s first oral dissent can be a particularly notable event. For example:
- Justice Scalia’s first oral dissent came in Morrison v. Olson (1988), a 7-1 ruling in which the Court upheld the law creating an independent counsel. Justice Scalia recently referred to this decision upholding “a terrible erosion of presidential power” as his most “wrenching” case.
- Justice Breyer’s first bench dissent came in United States v. Lopez (1995), decided during his first term on the Court. In Lopez the Court, for the first time since the New Deal, struck down a federal law as beyond the reach of the Commerce Clause.
- Justice Thomas liked the idea of an inaugural oral dissent so much that he tried to do it twice. His first bench dissent came in Stenberg v. Carhart (2000), in which the majority struck down Nebraska’s “partial-birth abortion” ban. Then, six years later, he opened his oral dissent in Hamdan v. Rumsfeld, a case involving the rights of prisoners held at Guantanamo, by announcing that it was the first time he had ever read a dissent from the bench.
That Justice Sotomayor chose this particular case for her first oral dissent makes sense. As various media accounts have noted, she has been outspoken in her support for affirmative action programs. In her memoir, Justice Sotomayor recognized that affirmative action played a critical role in her own life. During oral arguments in the Schuette case, she was particularly aggressive in challenging the lawyer defending the affirmative action ban. Her lengthy written dissent, which was joined by Justice Ginsberg, is impassioned and direct. Considering all this, it would be more surprising if she had chosen not to announce her dissent from the bench.
Lane v. Franks: Inside the Case
On April 28, 2014, the Supreme Court hears oral argument in Lane v. Franks. This case questions the extent of free speech against qualified immunity. Professor Sheldon Nahmod (IIT Chicago-Kent College of Law) explains the background and issues at stake in the case.
Weekly Roundup – April 23, 2014
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VIDEO: This week, the Supreme Court hears arguments in a case that could shape the future of TV broadcasting. Professor Ed Lee explains the issues in ABC v. Aereo
This week’s oral argument is not the first time the Supreme Court will decide on a First Amendment right to lie. Discover the last case in which the Court faced the issue (and how it might affect the current one) in the latest Drama in the Court post
Prof. Ed Lee analyzes the Aereo case and predicts a winner
The Court ruled this week that Michigan’s voter ban on affirmative action is constitutional. Learn about what the divided Court said
Most other English-speaking countries allow cameras in their Supreme Courts. One writer argues SCOTUS should do the same
The Aereo Case – and Prediction
On April 22, the Supreme Court heard oral argument in an important copyright case involving Aereo, an Internet TV service from Brooklyn that has the financial backing of media mogul Barry Diller. The case has received a lot of media attention because it pits a disruptive Internet startup against the old-line broadcast TV networks. But it also has the potential to transform the cable industry and the way in which people watch TV.
Inside the Case: American Broadcasting Company, Inc. v. Aereo
Today, the Supreme Court hears oral argument in American Broadcasting Company, Inc. v. Aereo. Professor Edward Lee of IIT Chicago-Kent College of Law explains why Aereo’s system is a problem for the broadcasters and what the issues are in this case.
Lies and the First Amendment
Tomorrow the Supreme Court will hear oral arguments in Susan B. Anthony List v. Driehaus, a First Amendment challenge to an Ohio law that prohibits intentionally false statements about political candidates. The case itself presents the basic free speech question only obliquely. The central issue before the Court is a technical one: whether a party can even go to court to challenge this kind of law prior to being prosecuted for violating that law. This is a question, in other words, of whether the plaintiff has “standing” to make the First Amendment challenge. But the underlying constitutional question—whether the First Amendment permits the regulation of blatant lies in political campaigns—will surely be part of the tomorrow’s oral argument.
The First Amendment status of lies is not a new issue for the Roberts Court. It was at issue before just two years ago in United States v. Alvarez, a case involving a small town public official who liked to tell stories about himself. In describing his background at a local water board meeting, Xavier Alvarez described himself as a retired marine who had won the Congressional Medal of Honor. This was a bald-faced lie. Alvarez had never even served in the military. It was, as the Court would describe it, “a pathetic attempt to gain respect that eluded him.” Alvarez was charged with violating the Stolen Valor Act of 2005, a federal law that prohibited falsely claiming military decorations or medals. Alvarez challenged the law as infringing his First Amendment right to free expression.
Weekly Roundup – April 18, 2014
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The Court decided not to hear another case against the NSA’s phone record collection, leaving key legal issues unresolved
A conversation with Supreme Court sketch artist Art Lien
In all of Supreme Court history, only one case that shaped American history has stemmed from chickens. Join author Amity Shlaes at Chicago-Kent College of Law on April 22 as she discusses the famous “sick chicken” New Deal case
With the New Mexico photography case turned away from the Supreme Court, ISCTOUS director Christopher Schmidt considers the Court’s history with these kinds of “right to discriminate” claims