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Archive for the ‘Supreme Court’ Category

Supreme Court Declares Animal Cruelty Statute Violates First Amendment By Debbie Rosenbaum – Edited by Chinh Vo United States v. Stevens, No. 08–769 (U.S., April 20, 2010) Slip Opinion The Supreme Court affirmed the Third Circuit Court of Appeals, which had held that 18 U.S.C. § 48, a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech and did not serve a compelling governmental interest. In an 8-1 ruling, ... Read More...
Posted On Apr - 23 - 2010 Comments Off READ FULL POST
Panel Criticizes Bilski Machine-or-Transformation Test By Kathryn Freund – Edited by Ryan Ward Editorial Policy On Thursday, April 1st, JOLT hosted a panel discussion at Harvard Law School on the impact of In Re Bilski, a 2008 en banc decision by the Court of Appeals for the Federal Circuit holding that the machine-or-transformation test is the proper method for determining patent-eligible subject matter. Digest previously covered the Bilski decision here. The case was appealed to the Supreme Court, which heard oral ... Read More...
Posted On Apr - 6 - 2010 1 Comment READ FULL POST
Supreme Court Holds That Federal Courts Have Jurisdiction over Unregistered Copyright Claims By Debbie Rosenbaum – Edited by Gary Pong Reed Elsevier v. Muchnick, No. 08–103 (U.S. Mar. 2, 2010) Slip Opinion In a unanimous 8-0 decision, the United States Supreme Court overturned a Second Circuit Court of Appeals decision which held that the district court lacked jurisdiction to certify either the class or the settlement in a case involving holders of unregistered copyrights. The Court of Appeals for the ... Read More...
Posted On Mar - 5 - 2010 Comments Off READ FULL POST
By Conor H. Kennedy Editorial Policy In Citizens United v. Federal Election Commission (“Citizens United”), the Supreme Court nullified a major provision of campaign finance legislation.  The Federal Election Commission (“FEC”) can no longer regulate the mandated disclosure, allowable sources, or contribution limits of corporations’ independent political advocacy. Prominent legal scholar Lucian Bebchuk argues that the “insiders” who manage companies are now empowered to use direct expenditures to legally entrench themselves atop publicly traded companies, their shareholders’ objections notwithstanding.  From ... Read More...
Posted On Mar - 3 - 2010 5 Comments READ FULL POST
Supreme Court Issues a Stay to Prevent Broadcasting of Proposition 8 Case By Andrew Segna – Edited by Dmitriy Tishyevich Hollingsworth v. Perry (on application for stay), Case No. 09A648 (U.S., Jan. 13, 2010) Slip Opinion The Supreme Court granted a stay of the order issued by the United States District Court for the Northern District of California for a broadcast of the California lawsuit challenging Proposition 8, which amended the state constitution to define a valid marriage as only ... Read More...
Posted On Jan - 18 - 2010 1 Comment READ FULL POST
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