Category Archives: Term

Freedom of Speech and False Statements

Case: United States v. Alvarez The Court agreed on Monday, October 17 to hear arguments in a case addressing whether patently false statements are protected by the Freedom of Speech clause of the First Amendment. Specifically, the Court will examine the Stolen Valor Act of 2005, which makes it a crime for an individual to … Continue reading Freedom of Speech and False Statements

Court Agrees to Hear Double Jeopardy Challenge

Case: Blueford v. Arkansas The Court today agreed to hear a double jeopardy case, specifically addressing whether an accused murderer can be retried on all counts if the first jury deadlocks on lesser charges but acquits him of a greater offense. The case is No. 10-1320, Blueford v. Arkansas. You can read the full background … Continue reading Court Agrees to Hear Double Jeopardy Challenge

SCOTUS Audio+Transcripts Now Available

Case: Douglas v. Independent Living Center of Southern California The audio + transcripts are now available for the cases argued in the session beginning October 3, 2011. The expanded player offers additional functions such as search, speaker locations in the time line, and clip creation. We have identified transcription errors but we have not corrected … Continue reading SCOTUS Audio+Transcripts Now Available

Should states sue polluters under state common law?

Neil Katyal, former Acting Solicitor General, won a unanimous decision in a major climate case in the 2010 Term. But some states continue to sue polluters under their public nuisance laws. Katyal–now a partner at Hogan Lovells LLC–said: “I have to try really hard to come up with a lawsuit that’s less appropriate for the … Continue reading Should states sue polluters under state common law?