Tag: waiver

In Bank Markazi v. Peterson, 578 U. S. ____ (2016), the U.S. Supreme Court held that Section 8772 of the Iran Threat Reduction and Syria Human Rights Act of 2012 does not violate the separation of powers. Congress enacted the statute to ensure that a...

In M&G Polymers USA v. Tackett, 135 S.Ct. 926 (2015), the U.S. Supreme Court held that lower courts should apply traditional contract principles to determine whether retiree health benefits survive the expiration of a collective bargaining agreem...

Last week, the U.S. Supreme Court issued its first decision of the term. In OBB Personenverkehr AG v. Sachs, (2015), the Court unanimously held that the doctrine of sovereign immunity barred a California woman’s lawsuit against the Austrian nationa...

In Mapp v. Ohio, 367 US 643 (1961), the U.S. Supreme Court ruled that evidence obtained through a search in violation of the Fourth Amendment could not be used as evidence in a state criminal case. The decision relied on the doctrine of selective inc...

In United States v. O'Brien, 391 U.S. 367 (1968), the U.S. Supreme Court upheld the constitutionality of a federal law that made burning or otherwise destroying draft cards a crime. In so ruling, the Court established a test for determining whether l...

U.S. Supreme Court Review for October, 2015: The justices of the Court have been busy since returning to the bench. The Supreme Court Review covers oral arguments in ten cases and added a number of important new cases to the docket. On Oc...

In Omnicare v. Laborers Dist. Council, 135 S. Ct. 1318 (2015), the U.S. Supreme Court interpreted section 11 of the Securities Act of 1933, which addresses the liability for statements of opinion that had divided the Federal Courts of appeal....

In Boumediene v. Bush, 553 U.S. 723 (2008), the U.S. Supreme Court addressed the rights of foreign citizens detained at the U.S. Naval Base at Guantanamo Bay, Cuba. By a vote of 5-4, the Court held that in Boumediene v. Bush the detainees ha...