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justices of supreme court
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Sometimes at the U.S. Supreme Court, words and labels mean everything. On Tuesday, the justices parsed the wording of a securities law provision to determine whether to label it a statute of limitations or a statute of repose. The answer could have a tolling effect on the ability of shareholders who lost a fortune in the dot-com bust to sue for lost profits.
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The justices of the U.S. Supreme Court took up a complicated bankruptcy case Monday, parsing the language of the Bankruptcy Code to determine if a Chapter 11 debtor must give a secured creditor the right to credit bid items being sold at auction. The case of RadLAX Gateway Hotel v. Amalgamated Bank stems from a Chapter 11 bankruptcy filing by the owners of a failed hotel construction project. In their "cramdown" bankruptcy plan, the debtors proposed selling the hotel's assets in an open auction.
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Voters in California will again get the right in Tuesday's election to say thumbs up or down on appellate and Supreme Court justices. Three Supreme Court and 13 Court of Appeal justices will be on the ballot.
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At oral arguments Monday, the justices of the U.S. Supreme Court seemed skeptical of a homeowner's claim that a kickback scheme violated the Real Estate Settlement Procedures Act without showing any actual injury was suffered. In First American Financial Corp v. Edwards, plaintiff Denise Edwards purchased a home in Ohio. In the transaction, her settlement agent referred her title insurance to First American Title.
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Understanding the source of voting changes by appellate judges provides an important window into the factors that shape the votes of the judges more generally. We argue that membership changes, by altering the collegial context in which judges make their choices, affect the information environment, long-term collegial considerations, and short-term strategic calculations. As a result, membership change should lead to greater uncertainty and more frequent voting changes among continuing justices in the term following a replacement. We test this proposition by looking at vote change by justices of the U.S. Supreme Court in two separate analyses: justices' votes on search-and-seizure cases since Mapp v. Ohio (1961) and on the progeny of Miranda v. Arizona (1966). Our results support the ar...
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When a mortgage fee is just a fee and not a kickback to a third party, is it barred by federal law? That was the question before the justices of the U.S. Supreme Court on Tuesday. The case of Freeman v. Quicken Loans involves a putative class action claim filed by complainants who obtained mortgage loans from Quicken in Louisiana. They claimed that they were charged "loan discount" fees but given no loan discounts, in violation of Section 2607(b) of the Real Estate Settlement Procedures Act.
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During oral arguments earlier this month in a case questioning the limits of police officers' warrantless use of GPS technology to track suspects' movements, the justices of the U.S. Supreme Court expressed serious concerns about the privacy implications of using such technology. I think the Court, by taking this case, is showing that they are concerned with keeping up with the changing technologies," said Robert H. Humphrey, a Tiverton, R.I. defense attorney and former prosecutor. "Technology is on the cutting edge, but the Court takes a longer view of it" when it comes to privacy rights.
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Nearly all aspects of the Supreme Court's decision-making process occur outside the public eye. To study how the Court makes law and policy, scholars largely must rely upon archival materials harvested from the private papers of retired Supreme Court justices. Previous efforts to validate the reliability of these materials focus solely on the votes justices cast at the merits stage and were unable to assess the reliability of recently released papers. We examine the agenda-setting records for several justices' papers, including those of Justice Harry A. Blackmun, the justice whose papers were most recently made public. Our results suggest that Blackmun's papers are reliable and accurately archive his colleagues' agenda votes.
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Just how much at fault must an employer be to face liability under the Federal Employers' Liability Act? The justices of the U.S. Supreme Court took on that question during oral arguments Monday in CSX Transportation v. McBride.
