Author: DONALD SCARINCI

The U.S. Supreme Court heard oral arguments in five cases this week, one of which has the potential to be a blockbuster. The issue before the Court in Timbs v. Indiana is whether the Eighth Amendment ban on “excessive fines” applies to the states...

The U.S. Supreme Court recently agreed to consider a potential blockbuster case involving the First Amendment. The issue in The American Legion v. American Humanist Association is whether a World War I memorial, which is located on public property, i...

In its first published decision of the term, the U.S. Supreme Court held that the Age Discrimination in Employment Act of 1967 (ADEA) applies to state and local governments, regardless of the size. The Court’s decision in Mount Lemmon Fire District...

The U.S. Supreme Court heard oral arguments in six cases this week. The issues before the justices were extremely varied, ranging from whether hovercrafts should be allowed on Alaska conservation land to whether adefendant’s medical condition make...

The U.S. Supreme Court heard oral arguments in six cases this week. The Federal Arbitration Act (FAA) took center stage, with two cases involving the statute. Other highlights included the propriety of cy pres class-action settlements and the immuni...

The Supreme Court has been slow to add new cases to its docket, likely waiting for newly-confirmed Justice Brett M. Kavanaugh to come up to speed. On October 12, 2018, the justices did grant one new petition. The case, Manhattan Community Access Cor...

In Williamson City Planning v Hamilton Bank, 473 U.S. 172 (1985), the U.S. Supreme Court clarified where plaintiffs may file Fifth Amendment takings claims. It held that “if a State provides an adequate procedure for seeking just compensation, the...

In Schenck v United States, 249 U.S. 47 (1919), the U.S. Supreme Court unanimously upheld enforcement of the Espionage Act of 1917 during World War I. The case is most well-known for Justice Oliver Wendell Holmes, Jr.’s articulation of the “cle...