Category Archives: Term

OT 2014, Predicting the Winners

Predicting the Winners in DHS v. MacLean and Jesinoski v. Countrywide Home Loans

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The Supreme Court heard oral argument in two cases on Tuesday. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument. Studies have shown that the advocate who receives more questions during oral argument is more likely to lose. For more about this method, see my … Continue reading Predicting the Winners in DHS v. MacLean and Jesinoski v. Countrywide Home Loans →

OT 2014, Predicting the Winners

Predicting the Winners in Zivotofsky v. Kerry and Omnicare v. Laborers District Council

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The Supreme Court heard oral argument in two cases on Monday. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument. Studies have shown that the advocate who receives more questions during oral argument is more likely to lose. For more about this method, see my … Continue reading Predicting the Winners in Zivotofsky v. Kerry and Omnicare v. Laborers District Council →

History of the Court, OT 2014

Measuring the Supreme Court

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How does one measure the overall performance of the Supreme Court? This problem is at the heart of Erwin Chemerinsky’s new book, The Case Against the Supreme Court. Chemerinsky’s basic argument is that, when measured over the course of American history, the Supreme Court has done more harm than good. When faced with “its most … Continue reading Measuring the Supreme Court →

OT 2014

America’s Love-Hate Relationship with the Supreme Court

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I’m currently reading Erwin Chemerinsky’s new book, The Case Against the Supreme Court. Chemerinsky is a very persuasive advocate. His writing is clear and accessible, his tone moderate and open. The portrait he paints of the Court is pretty bleak. “The Court has frequently failed, throughout American history, at its most important tasks, at its … Continue reading America’s Love-Hate Relationship with the Supreme Court →

History of the Court, OT 2014, Same Sex Marriage

Some Thoughts on a “Silent” Supreme Court

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There has been much discussion about the Supreme Court’s recent string of highly consequential actions in which the justices have been conspicuously silent about what they are doing. Because of the great lengths the justices go to lay out the precise reasoning of their decisions, they often proudly proclaim the Court as the most transparent … Continue reading Some Thoughts on a “Silent” Supreme Court →

Affordable Care Act, OT 2013

A Look Back—Justice Ginsburg’s Oral Dissent in Hobby Lobby

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With the beginning of the new term at the Supreme Court comes the release of audio from last Term’s opinion announcements, available now on Oyez. In a previous post I discussed last Term’s most notable oral dissent, Justice Sotomayor’s in Schuette v. Coalition to Defend Affirmative Action, in which she challenged her conservative colleagues for … Continue reading A Look Back—Justice Ginsburg’s Oral Dissent in Hobby Lobby →

Affirmative Action, OT 2013

A Look Back—Justice Sotomayor’s First Oral Dissent

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The Supreme Court has finally released—and Oyez has made available—audio recordings of last Term’s opinion announcements. Most of these announcements are summaries of majority opinions, but there are also a few oral dissents. Standard practice on the Supreme Court is for only the author of the opinion of the Court to read a summary of … Continue reading A Look Back—Justice Sotomayor’s First Oral Dissent →

OT 2014

States’ Rights and White Teeth

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On Tuesday, the Supreme Court heard a case involving the North Carolina dental board’s efforts to regulate the market for teeth-whitening services. Why, you may ask, is the nation’s highest court concerning itself with this kind of case? The answer, argues Noah Feldman, is states’ rights. The lawyers representing the dental board argue that this … Continue reading States’ Rights and White Teeth →

OT 2014, Predicting the Winners

Predicting the Winners in Teva Pharmaceuticals v. Sandoz and Jennings v. Stephens

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The Supreme Court heard oral argument in two cases on Wednesday. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument. Studies have shown that the advocate who receives more questions during oral argument is more likely to lose. For more about this method, see my … Continue reading Predicting the Winners in Teva Pharmaceuticals v. Sandoz and Jennings v. Stephens →

Inside the Case, OT 2014, Patent Law

Teva Pharmaceuticals v. Sandoz: Inside the Case

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On October 15, 2014, the Supreme Court hears oral argument in Teva Pharmaceuticals v. Sandoz, a pharmaceutical patent case that could clarify critical issues of claim construction in patent litigation as well as the relative power of trial courts and appellate courts in such matters. Professor David Schwartz (IIT Chicago-Kent College of Law) discusses the background of the case and the central issue: What is the proper standard of review that the appellate court should use to review claim constructions of a patent done by trial courts?