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April 24, 2019
Taggart v. Lorenzen
A case in which the Court will decide whether, under the bankruptcy code, a creditor’s good-faith belief that the discharge injunction does not apply precludes a finding of civil contempt.
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54 min
April 24, 2019
Quarles v. United States
A case in which the Court will resolve a circuit split as to whether the US Supreme Court’s generic definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enough that the defendant formed the intent to commit a crime at any time while “remaining in” the building or structure, as the court below and three other circuits hold.
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55 min
April 23, 2019
Rehaif v. United States
A case in which the Court will decide whether the “knowingly” provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a § 922(g) crime, or whether it applies only to the possession element.
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55 min
April 23, 2019
Department of Commerce v. New York
A case in which the Court will decide (1) whether the district court erred in enjoining the Secretary of Commerce from reinstating a question about citizenship to the 2020 census questionnaire and (2) whether, in an action seeking to set aside agency action, a district court may order discovery outside the administrative record to probe the mental processes of the agency decision maker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decision maker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
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82 min
April 23, 2019
Mitchell v. Wisconsin
A case in which the Court will decide whether a state statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.
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61 min
April 22, 2019
Food Marketing Institute v. Argus Leader Media
A case in which the Court will either (1) decide that the statutory term “confidential” in the Freedom of Information Act (FOIA) Exemption 4, bears its ordinary meaning, or (2) resolve a circuit split as to what constitutes “substantial competitive harm” for the purpose of determining whether information falls within that exemption.
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61 min
April 22, 2019
Fort Bend County, Texas v. Davis
A case in which the Court will resolve a circuit split as to whether Title VII’s administrative-exhaustion requirement is a jurisdictional prerequisite to suit, as three circuits have held, or a waivable claim-processing rule, as eight circuits have held.
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54 min
April 17, 2019
McDonough v. Smith
A case in which the Court will resolve a circuit split as to whether the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when those proceedings terminate in the defendant’s favor (majority), or whether it begins to run when the defendant becomes aware of the tainted evidence and its improper use (Second Circuit).
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58 min
April 17, 2019
United States v. Davis
A case in which the Court will decide whether the subsection-specific definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B)—which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime—is unconstitutionally vague.
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59 min
April 16, 2019
North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust
A case in which the Court will resolve a circuit split as to whether the Fourteenth Amendment’s Due Process Clause prohibits states from taxing trusts based on trust beneficiaries’ in-state residency.
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61 min
April 16, 2019
Parker Drilling Management Services, Ltd. v. Newton
A case in which the Court will decide whether, under the Outer Continental Shelf Lands Act, state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law, as the Fifth Circuit has held, or whenever state law pertains to the subject matter of a lawsuit and is not preempted by inconsistent federal law, as the Ninth Circuit held, below.
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61 min
April 15, 2019
Iancu v. Brunetti
A case in which the Court will decide whether the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks, in Section 2(a), violates the Free Speech Clause of the First Amendment.
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56 min
April 15, 2019
Emulex Corp. v. Varjabedian
A case in which the Court was asked to decide whether the Ninth Circuit correctly held, in contrast to the holdings of five other federal appellate courts, that Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.
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61 min
March 27, 2019
Kisor v. Wilkie
A case in which the Court will decide whether to overrule Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
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61 min
March 26, 2019
Rucho v. Common Cause
A case in which the Court will decide whether plaintiffs have standing to pursue their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is an unconstitutional partisan gerrymander.
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71 min
March 26, 2019
Lamone v. Benisek
A case in which the Court will consider whether a partisan gerrymander for federal congressional districts in Maryland violates the federal Constitution.
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59 min
March 25, 2019
The Dutra Group v. Batterton
A case in which the Court will resolve a circuit split as to whether punitive damages are available to a Jones Act seaman in a personal injury lawsuit alleging a breach of the general maritime duty to provide a seaworthy vessel (as the 9th and 11th Circuits have held) or not (as the 1st and 5th Circuits have held).
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57 min
March 25, 2019
PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
A case in which the Court will decide whether the Hobbs Act required the district court in this case to accept the Federal Communication Commission's legal interpretation of the Telephone Consumer Protection Act.
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60 min
March 20, 2019
Flowers v. Mississippi
A case in which the Court will decide whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky, 476 U.S. 79 (1986), in this case.
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54 min
March 19, 2019
Cochise Consultancy Inc. v. United States, ex rel. Hunt
A case in which the Court held that a relator in a False Claims Act qui tam action may rely on the statute of limitations in 31 U.S.C. § 3731(b)(2) in a suit in which the United States has declined to intervene, but the relator does not constitute an “official of the United States” for purposes of that section.
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55 min
March 18, 2019
Virginia House of Delegates v. Bethune-Hill
A case in which the Court will decide whether the district court in this case erred in finding that (1) race predominated over traditional districting factors in the construction of 11 districts, and (2) the Virginia House of Delegates did not satisfy its burden of showing the use of race was narrowly tailored to achieve the compelling state interest of compliance with Section 5 of the Voting Rights Act.
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61 min
March 18, 2019
Smith v. Berryhill
A case in which the Court will decide whether the decision of the Appeals Council—the administrative body that hears a claimant’s appeal of an adverse decision of an administrative law judge regarding a disability benefit claim—to reject a disability claim on the ground that the claimant’s appeal was untimely is a “final decision” subject to judicial review under 42 U.S.C. § 405(g).
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54 min
February 27, 2019
The American Legion v. American Humanist Association
A case in which the Court will decide whether the display and maintenance of a large memorial cross by a local government violates the principle of separation of church and state enshrined in the First Amendment.
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73 min
February 26, 2019
Mont v. United States
A case in which the Court will decide whether a term of supervised release for one offense is paused by imprisonment for another offense.
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60 min
February 26, 2019
United States v. Haymond
A case in which the Court will decide whether the Tenth Circuit erred in holding that 18 U.S.C. § 3583(k), which imposes a mandatory minimum punishment on a criminal defendant upon a finding by a preponderance of the evidence that the defendant engaged in certain criminal conduct while under supervised release, violates the Fifth and Sixth Amendments.
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56 min
February 25, 2019
Manhattan Community Access Corp. v. Halleck
A case in which the Court will resolve a circuit split as to whether private operators of public access channels are state actors subject to constitutional liability.
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60 min
February 20, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC
A case in which the Court held that in bankruptcy proceedings, the debtor’s rejection of a license agreement has the same effect as breach of that contract outside the bankruptcy context and thus cannot rescind rights that the contract previously granted.
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62 min
February 19, 2019
Return Mail, Inc. v. United States Postal Service
A case in which the Court will decide whether the government is a “person” under the Leahy-Smith America Invents Act and thereby able to institute review proceedings under the Act.
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60 min
January 16, 2019
Tennessee Wine and Spirits Retailers Association v. Blair
A case in which the Court will consider whether a state may constitutionally regulate liquor sales by granting licenses only to individuals or entities that have resided in-state for a specified time.
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51 min
January 16, 2019
Knick v. Township of Scott, Pennsylvania
A case in which the Court will (1) consider whether to affirm or abrogate its holding in Williamson County Regional Planning Commission v. Hamilton Bank that requires property owners to exhaust state court remedies before bringing federal Takings Clause claims, and (2) resolve a circuit split as to whether the ripeness doctrine established in Williamson County applies to takings claims that assert that a law is unconstitutional on its face.
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63 min
January 15, 2019
Azar v. Allina Health Services
A case in which the Court will decide whether the US Department of Health and Human Services was required under the Administrative Procedure Act and Medicare Act to provide notice and an opportunity to comment before implementing a rule changing its Medicare reimbursement formula.
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55 min
January 15, 2019
Home Depot U.S.A., Inc. v. Jackson
A case in which the Court will decide whether the Class Action Fairness Act—which permits “any defendant” in a state-court class action to remove the action to federal court if it satisfies certain jurisdictional requirements—allows removal by third-party counterclaim defendants; and whether the Court's holding in Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941)—that an original plaintiff may not remove a counterclaim against it—extends to third-party counterclaim defendants.
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54 min
January 14, 2019
Rimini Street, Inc. v. Oracle USA, Inc.
A case in which the Court held that the Copyright Act’s allowance for “full costs” to a prevailing party is limited to taxable costs and does not include costs not specifically described in the statute.
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60 min
January 14, 2019
Thacker v. Tennessee Valley Authority
A case in which the Court held that statute that waives the Tennessee Valley Authority’s sovereign immunity from suit by making it a “sue-and-be-sued” type entity is not subject to a discretionary function exception of the kind in the Federal Tort Claims Act but may be subject to an implied restriction as recognized in Federal Housing Authority v. Burr, 309 U.S. 242 (1940).
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59 min
January 9, 2019
Franchise Tax Board of California v. Hyatt
A case in which the Court held that a state cannot be sued in the courts of another state without its consent, overruling Nevada v. Hall.
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57 min
January 8, 2019
Herrera v. Wyoming
A case in which the Court held that Wyoming’s admission to the Union did not abrogate the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” and the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
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61 min
January 8, 2019
Fourth Estate Public Benefit Corp. v. Wall-Street.com
A case in which the Court held that the “registration of [a] copyright claim has been made” within the meaning of 17 U.S.C. § 411(a) not when the copyright holder files its application, but only once the copyright office acts on that application.
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61 min
January 7, 2019
Merck Sharp & Dohme Corp. v. Albrecht
A case in which the Court held that “clear evidence” that the FDA would not have approved a change to a drug’s label—thus pre-empting a state-law failure-to-warn claim—is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning. The Court further held that the question of agency disapproval is primarily one of law for a judge, not a jury, to decide.
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63 min
January 7, 2019
Obduskey v. McCarthy & Holthus LLP
A case in which the Court held that a business engaged in no more than non-judicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for one limited purpose as defined within the Act.
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61 min
December 6, 2018
Gamble v. United States
A case in which the Court will decide whether to overrule the “separate sovereigns” exception to the Double Jeopardy Clause.
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79 min
December 4, 2018
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.
A case in which the Court held that, under the Leahy-Smith America Invents Act, an inventor’s sale of an invention to a third party invalidates the patent, even if the third party is obligated to keep the invention confidential.
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53 min
December 4, 2018
Biestek v. Berryhill
A case in which the Court held that a vocational expert’s testimony may constitute “substantial evidence” of “other work” even if the expert does not provide the underlying data on which that testimony is premised.
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59 min
December 3, 2018
Lorenzo v. Securities and Exchange Commission
A case in which the Court will decide whether a false statement that is not “made” by a person under the definition set forth in Janus Capital Group, Inc. v. First Derivative Traders can nevertheless be the basis of a fraudulent-scheme claim under Securities Exchange Act Rule 10b-5.
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51 min
December 3, 2018
Dawson v. Steager
A case in which the Court held that a provision of the West Virginia Code that exempts from state taxation the retirement income of many state and local firefighters and law enforcement officers, but not federal marshals, violates 4 U.S.C. § 111 by discriminating “because of the source of the pay or compensation.”
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60 min
November 28, 2018
Timbs v. Indiana
A case in which the Court held that the Eighth Amendment’s Excessive Fines Clause is incorporated against the states under the Fourteenth Amendment's Due Process Clause.
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56 min
November 27, 2018
Carpenter v. Murphy
A case in which the Court will decide whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).
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64 min
November 27, 2018
Nutraceutical Corp. v. Lambert
A case in which the Court resolved a circuit split by holding that the Ninth Circuit erred when it ruled that equitable exceptions apply to mandatory claim-processing rules such as Federal Rule of Civil Procedure 23(f), which sets a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification, and can excuse a party’s failure to file timely within the deadline established by Federal Rule of Civil Procedure 23(f).
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60 min
November 26, 2018
Nieves v. Bartlett
A case in which the Court will decide whether probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.
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61 min
November 26, 2018
Apple v. Pepper
A case in which the Court held that consumers may sue for antitrust damages any party who delivers goods to them (in this case, Apple), even where they seek damages based on prices set by third parties (in this case, app developers) who would be the immediate victims of the alleged offense.
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60 min
November 7, 2018
Culbertson v. Berryhill
A case in which the Court resolved a circuit split, holding that fees subject to 42 U.S.C. § 406(b)’s 25-percent cap related to the representation of individuals claiming Social Security benefits include only fees for representation in court, not fees for representation before the agency.
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58 min
November 7, 2018
Republic of Sudan v. Harrison
A case in which the Court resolved a circuit split in holding that plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act must serve the foreign state under 28 U.S.C. § 1608(a)(3) by mail addressed and dispatched to the head of the foreign state's ministry of foreign affairs in the foreign state, not at the foreign state's embassy in the United States.
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61 min
November 6, 2018
Bucklew v. Precythe
A case in which the Court clarified the evidentiary burden for a death-row prisoner seeking an alternative method of execution and held that the prisoner in this case failed to meet that burden.
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61 min
November 6, 2018
BNSF Railway Co. v. Loos
A case in which the Court held that under the Railroad Retirement Tax Act, a railroad company's payment to an employee for time lost from work is compensation subject to employment taxes.
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55 min
November 5, 2018
Virginia Uranium, Inc. v. Warren
A case in which the Court will decide whether the federal Atomic Energy Act preempts a Virginia ban on non-federal uranium mining.
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59 min
November 5, 2018
Sturgeon v. Frost
A case in which the Court held that Alaska’s Nation River is not public land and that, like all non-public lands and navigable waters within Alaska’s national parks, the Nation River is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s regulatory authority.
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60 min
October 31, 2018
Frank v. Gaos
A case in which the Court was asked to decide whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must be “fair, reasonable, and adequate.”
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62 min
October 31, 2018
Jam v. International Finance Corp.
A case in which the Court held that under the international organizations have the immunity that foreign governments enjoy at present, as described in the Foreign Sovereign Immunities Act of 1976, not the immunity they enjoyed at the time the International Organizations Immunities Act of 1945 was enacted.
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58 min
October 30, 2018
Washington State Department of Licensing v. Cougar Den, Inc.
A case in which the Court held that the “right to travel” provision of the Yakama Treaty of 1855 (between the United States and the Yakama Nation of Indians) preempts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation.
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60 min
October 30, 2018
Garza v. Idaho
A case in which the Court held that the decision of a criminal defendant’s trial lawyer not to appeal a conviction because the defendant’s plea agreement included an appeal waiver triggers a “presumption of prejudice” indicating ineffective assistance of counsel.
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61 min
October 29, 2018
Henry Schein Inc. v. Archer and White Sales Inc.
A case in which the Court held that the Federal Arbitration Act does not permit a court to resolve a question of arbitrability when the parties to the contract at issue delegated such questions to an arbitrator.
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58 min
October 29, 2018
Lamps Plus, Inc. v. Varela
A case in which the Court held that under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.
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60 min
October 10, 2018
Nielsen v. Preap
A case in which the Court held that a noncitizen released from criminal custody does not become exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately.
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61 min
October 10, 2018
Air and Liquid Systems Corp. v. Devries
A case in which the Court held that under maritime law, a manufacturer has a duty to warn users of the dangers of its product if the product requires incorporation of a part produced by a third party, the resulting fully incorporated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users would be aware of that danger.
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57 min
October 9, 2018
United States v. Stitt
A case in which the Court held that residential burglary under Arkansas law and aggravated burglary under Tennessee law are the same as “general burglary” such that convictions for those crimes can serve as predicate crimes for the purpose of the enhanced sentencing provision of the Armed Career Criminal Act of 1984.
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59 min
October 9, 2018
Stokeling v. United States
A case in which the Court held that a state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(b)(i), even though that offense requires only slight force to overcome resistance.
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60 min
October 3, 2018
Knick v. Township of Scott, Pennsylvania
A case in which the Court will (1) consider whether to affirm or abrogate its holding in Williamson County Regional Planning Commission v. Hamilton Bank that requires property owners to exhaust state court remedies before bringing federal Takings Clause claims, and (2) resolve a circuit split as to whether the ripeness doctrine established in Williamson County applies to takings claims that assert that a law is unconstitutional on its face.
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62 min
October 3, 2018
New Prime Inc. v. Oliveira
A case in which the Court held that (1) a court, not an arbitrator, must determine the applicability of Section 1 of the Federal Arbitration Act, and (2) under that provision, the term “contracts of employment” includes independent contractor agreements.
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49 min
October 2, 2018
Madison v. Alabama
A case in which the Court held that the Eighth Amendment does not prohibit a state from executing a prisoner who due to mental disability cannot remember committing his crime, but it does prohibit executing a prisoner who cannot rationally understand the reasons for his execution, whether that inability is due to psychosis or dementia.
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55 min
October 2, 2018
Gundy v. United States
A case in which the Court will decide whether the Sex Offender Notification and Registration Act’s delegation of authority to the U.S. Attorney General to issue regulations under 42 U.S.C. § 16913 violates the nondelegation doctrine.
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55 min
October 1, 2018
Mount Lemmon Fire District v. Guido
A case in which the Court held that the ADEA applies to all state political subdivisions of any size, resolving a circuit split between the Ninth Circuit and four other circuits.
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55 min
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