Category Archives: OT 2017

Fourth Amendment, Inside the Case, OT 2017

Digital Forensics and the Shrinking Importance of United States v. Microsoft Corp.

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By Michael Gentithes, Visiting Assistant Professor, Chicago-Kent College of Law. Supreme Court cases can lose relevance when technological changes render obsolete the questions addressed. Rare, though, is the case that loses its relevance before the opinion is even drafted. That fate may await currently pending case of United States v. Microsoft Corp. The case, in … Continue reading Digital Forensics and the Shrinking Importance of United States v. Microsoft Corp. →

News Update, OT 2017

Supreme Court News Roundup—March 14, 2018

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Rumors have been swirling (again) of Justice Kennedy’s possible retirement. He has been on the Court since 1988, which makes him the longest serving Justice on the Court. And, at 81 years-old, he is the second oldest member of the Court; only Justice Ruth Bader Ginsburg (who turns 85 tomorrow) is older. Earlier this month, … Continue reading Supreme Court News Roundup—March 14, 2018 →

News Update, OT 2017

Supreme Court News Roundup—March 8, 2018

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Here’s a roundup of some of the most interesting recent stories about the Supreme Court. In the New York Times, Adam Liptak discusses the constitutional implications of aging death row populations. “The Court, which has barred the execution of juvenile offenders and the intellectually disabled, is now turning its attention to old people,” he writes. … Continue reading Supreme Court News Roundup—March 8, 2018 →

Opinions of the Court, OT 2017

Opinion Analyses for opinions released February 21, 2018

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On February 21, 2018, the Supreme Court issued opinions in three cases: Digital Realty Trust v. Somers, Class v. United States, and Rubin v. Islamic Republic of Iran. Digital Realty Trust v. Somers In Digital Realty Trust, Inc. v. Somers, Paul Somers sued his former employer, Digital Realty Trust. Among his allegations was that he … Continue reading Opinion Analyses for opinions released February 21, 2018 →

Civil Rights, Opinions of the Court, OT 2017

Prisoners Rights and Attorneys Fees: Opinion Analysis of Murphy v. Smith

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In an opinion published Wednesday, February 21, 2018, the Supreme Court decided a case about prisoners’ civil rights, Murphy v. Smith. This case stemmed from a 2011 incident at Vandalia Correctional Center in Illinois in which Petitioner Charles Murphy was punched in the right eye by a prison guard, placed into a chokehold during which … Continue reading Prisoners Rights and Attorneys Fees: Opinion Analysis of Murphy v. Smith →

Conference Report, OT 2017

Conference Report: Conference of February 16, 2018

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On Tuesday morning, the Court released orders from its February 16 Conference. No new petitions for writs of certiorari were granted, and perhaps the most significant news was a failure to rule at all. Specifically, the Court did not rule on the federal government’s petition for review concerning the Trump administration’s termination of the policy … Continue reading Conference Report: Conference of February 16, 2018 →

Criminal Law, OT 2017

In Depth: United States v. Microsoft

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On Tuesday, February 27th, the Supreme Court will hear oral arguments in United States v. Microsoft Corporation, a case that has garnered worldwide attention. Amicus briefs have been filed by the European Commission on behalf of the European Union, the government of the United Kingdom, and multiple interest groups. The case centers around Microsoft’s web-based … Continue reading In Depth: United States v. Microsoft →

Labor Relations, OT 2017

Labor Law and the First Amendment: Janus v. AFSCME

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In one of the most-anticipated cases of the Term, the Supreme Court will reconsider a 40-year-old precedent regarding the intersection of labor law and the First Amendment. In 1977, in Abood v. Detroit Board of Education, the Court ruled that under the First Amendment, public school teachers could be required to pay union fees, known … Continue reading Labor Law and the First Amendment: Janus v. AFSCME →

Criminal Law, OT 2017

In Depth: McCoy v. Louisiana

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McCoy v. Louisiana is a capital case in which the defendant’s lawyer, Larry English, conceded that the defendant had killed his alleged victims in the hopes of avoiding a death sentence. The defendant, Robert McCoy, expressly and repeatedly objected to this strategy; he was very clear that he wanted to maintain his innocence. Shortlybefore trial, … Continue reading In Depth: McCoy v. Louisiana →

OT 2017, Weekly Preview

Arguments: Week of February 19, 2018

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The Court returns to the bench on Tuesday after four weeks without oral arguments, with two Fifth Amendment cases — Currier v. Virginia, which addresses double jeopardy, and City of Hays, Kansas v. Vogt, involving the right against self-incrimination. In Currier, the Court must decide whether a defendant who consents to have multiple charges severed … Continue reading Arguments: Week of February 19, 2018 →