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Hall Street Associates, LLC V. Mattel, Inc
(Slip Opinion) OCTOBER TERM, 2007 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus HALL STREET ASSOCIATES, L. L. C. v. MATTEL, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 06–989. Argued November 7, 2007—Decided March 25, 2008 The Federal Arbitration Act (FAA), 9 U. S. C. §§9–11, provides expe- dited judicial review to confirm, vacate, or modify arbitration awards. Under §9, a court “must” confirm an award “unless” it is vacated, modified, or corrected “as prescribed” in §§10 and 11. Section 10 lists grounds for vacating an award, including where the award was pro- cured by “corruption,” “fraud,” or “undue means,” and where the arbi- trators were “guilty of misconduct,” or “exceeded their powers.” Un- der §11, the grounds for modifying or correcting an award include “evident material miscalculation,” “evident material mistake,” and “imperfect[ions] in [a] matter of form not affecting the merits.” After a bench trial sustained respondent tenant’s (Mattel) right to terminate its lease with petitioner landlord (Hall Street), the parties proposed to arbitrate Hall Street’s claim for indemnification of the costs of cleaning up the lease site. The District Court approved, and entered as an order, the parties’ arbitration agreement, which, inter alia, required the court to vacate, modify, or correct any award if the arbitrator’s conclusions of law were erroneous. -
International Arbitration - Scherk V
Loyola University Chicago Law Journal Volume 6 Article 10 Issue 3 Summer 1975 1975 International Arbitration - Scherk v. Alberto-Culver Co., The Exemption of International Contracts from the Wilko Doctrine Voiding Agreements to Arbitrate Securities Disputes Mahir Jalili Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the International Law Commons, and the Securities Law Commons Recommended Citation Mahir Jalili, International Arbitration - Scherk v. Alberto-Culver Co., The Exemption of International Contracts from the Wilko Doctrine Voiding Agreements to Arbitrate Securities Disputes, 6 Loy. U. Chi. L. J. 738 (1975). Available at: http://lawecommons.luc.edu/luclj/vol6/iss3/10 This Comment is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. INTERNATIONAL ARBITRATION-Scherk v. Alberto- Culver Co., The Exemption of International Contracts from the Wilko Doctrine Voiding Agreements to Arbitrate Securities Disputes INTRODUCTION Arbitration may be defined as a voluntary agreement by the parties to a contract which provides that any controversy arising out of the contract will be settled by a neutral body or panel provided for in the contract, rather than by litigation in the courts. Arbitration has been long approved and widely used in the settlement of commercial dis- putes in a speedy and efficient manner by arbitrators familiar with the customs and practices of the trade, without the formalities and com- plexities of judicial proceedings.' When a controversy arises between two parties who have made an agreement in connection with the purchase of securities to arbitrate future disputes, a court is faced with the difficult problem of reconcil- ing the right of the plaintiff to have his dispute determined in a judi- cial forum and the right of the defendant to resort to arbitration. -
Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds E
Journal of Criminal Law and Criminology Volume 78 Article 4 Issue 4 Winter Winter 1988 Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds E. Miles Kilburn Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation E. Miles Kilburn, Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds, 78 J. Crim. L. & Criminology 792 (1987-1988) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/88/7804-792 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 78, No. 4 Copyright @ 1988 by Northwestern University, School of Law Printedin U.S.A. FOURTH AMENDMENT-WORK- RELATED SEARCHES BY GOVERNMENT EMPLOYERS VALID ON "REASONABLE" GROUNDS O'Connor v. Ortega, 107 S. Ct. 1492 (1987). I. INTRODUCTION In O'Connor v. Ortega,' a plurality of the United States Supreme Court continued an expansion of the "few specifically established and well-delineated exceptions ' 2 to the fourth amendment require- ment that an unconsented search be supported by a warrant based upon probable cause. In O'Connor, the Court affirmed the United States Court of Appeals for the Ninth Circuit decision 3 that a state government employee has a reasonable expectation of privacy in his desk and file cabinets at his place of work.4 However, the Court reversed the lower court's summary judgment that the government employer's extensive unconsented search of the employee's office, desk, and file cabinets violated his fourth amendment rights. -
Signed Opinions, Concurrences, Dissents, and Vote Counts in the U.S
Akron Law Review Volume 53 Issue 3 Federal Appellate Issue Article 2 2019 Signed Opinions, Concurrences, Dissents, and Vote Counts in the U.S. Supreme Court: Boon or Bane? (A Response to Professors Penrose and Sherry) Joan Steinman Follow this and additional works at: https://ideaexchange.uakron.edu/akronlawreview Part of the Courts Commons, Judges Commons, and the Litigation Commons Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Recommended Citation Steinman, Joan (2019) "Signed Opinions, Concurrences, Dissents, and Vote Counts in the U.S. Supreme Court: Boon or Bane? (A Response to Professors Penrose and Sherry)," Akron Law Review: Vol. 53 : Iss. 3 , Article 2. Available at: https://ideaexchange.uakron.edu/akronlawreview/vol53/iss3/2 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The University of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Steinman: Response to Penrose and Sherry SIGNED OPINIONS, CONCURRENCES, DISSENTS, AND VOTE COUNTS IN THE U.S. SUPREME COURT: BOON OR BANE? (A RESPONSE TO PROFESSORS PENROSE AND SHERRY) Joan Steinman* I. Response to Professor Penrose .................................. 526 II. Response to Professor Sherry .................................... 543 A. A Summary of Professor Sherry’s Arguments, and Preliminary Responses ........................................ 543 B. Rejoinders to Professor Sherry’s Arguments ...... 548 1. With Respect to the First Amendment ......... -
Reining in the Manifest Disregard of the Law Standard: the Key to Restoring Order to the Law of Vacatur
Journal of Dispute Resolution Volume 1998 Issue 2 Article 1 1998 Reining in the Manifest Disregard of the Law Standard: The Key to Restoring Order to the Law of Vacatur Stephen L. Hayford Follow this and additional works at: https://scholarship.law.missouri.edu/jdr Part of the Dispute Resolution and Arbitration Commons Recommended Citation Stephen L. Hayford, Reining in the Manifest Disregard of the Law Standard: The Key to Restoring Order to the Law of Vacatur, 1998 J. Disp. Resol. (1998) Available at: https://scholarship.law.missouri.edu/jdr/vol1998/iss2/1 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Journal of Dispute Resolution by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Hayford: Hayford: Reining in the Manifest Disregard of the Law Standard: JOURNAL OF DISPUTE RESOLUTION VOLUME 1998, NUMBER 2 Reining in the "Manifest Disregard" of the Law Standard: The Key To Restoring Order To The Law Of Vacatur Stephen L. Hayford I. INTRODUCTION Section 10(a) of the Federal Arbitration Act (FAA)' sets out four very narrow grounds upon which the courts can vacate commercial arbitration awards. Those grounds are: Where the award was procured by corruption, fraud, or undue means; Where there was evident partiality or corruption in the arbitrators, or either of them.; Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; and Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made. -
The Statistics
THE STATISTICS a TABLE I (A) ACTIONS OF INDIVIDUAL JUSTICES Opinions Writtenb Dissenting Votesc In Disposition by Opinions Concur- Memo- of Courtd rencese Dissentse Total Opinion randumf Total Roberts 8 0 2 10 5 3 8 Kennedy 8 2 0 10 3 0 3 Thomas 7 13 11 31 15 9 24 Ginsburg 8 5 4 17 11 0 11 Breyer 8 3 6 17 7 0 7 Alito 7 7 4 18 11 7 18 Sotomayor 7 3 5 15 8 0 8 Kagan 7 0 1 8 5 0 5 Gorsuch 1 2 2 5 3 2 5 Per Curiam 8 — — 8 — — — Total 69 35 35 139 68 21 89 a A complete explanation of how the tables are compiled may be found in The Supreme Court, 2004 Term — The Statistics, 119 HARV. L. REV. 415, 415–19 (2005). Table I, with the exception of the dissenting-votes portion of section (A) and the memorandum tabulations in section (C), includes only full-opinion decisions. Eight per curiam decisions contained legal reasoning substantial enough to be considered full-opinion decisions during October Term 2016. These cases were Pavan v. Smith, 137 S. Ct. 2075 (2017); Hernandez v. Mesa, 137 S. Ct. 2003 (2017); Jenkins v. Hutton, 137 S. Ct. 1769 (2017); Virginia v. LeBlanc, 137 S. Ct. 1726 (2017); North Carolina v. Covington, 137 S. Ct. 1624 (2017); Rippo v. Baker, 137 S. Ct. 905 (2017); White v. Pauly, 137 S. Ct. 548 (2017); and Bosse v. Oklahoma, 137 S. Ct. 1 (2016). This table includes every opinion designated by the Court as a 2016 Term Opinion except for one. -
Confronting a Pca: Finding a Path Around a Brick Wall
File: Brannock.322.GALLEY(4).doc Created on: 12/10/2002 9:29 AM Last Printed: 4/3/2003 12:20 PM CONFRONTING A PCA: FINDING A PATH AROUND A BRICK WALL Steven Brannock* Sarah Weinzierl** An appellant dreads nothing more than the receipt of a thin envelope from the district court of appeal containing an adverse per curiam affirmance (not so affectionately known to appellate lawyers as a “PCA”). After months, and perhaps years, of effort in the trial and appellate courts, the appellant is rewarded with the equivalent of “you lose” without a word of explanation. Worse yet, in most circumstances, a PCA is the end of the line for an appeal.1 In Florida, with one possible exception, a PCA cannot be reviewed by the Florida Supreme Court.2 But is this unfair? As appellate judges (and appellees) will hasten to point out, most cases receiving a PCA deserve such treatment.3 The issues were likely routine and well-settled, and the appeal was probably doomed from the start.4 Not every PCA is deserved, however. Consider, for example, the case of Clarence Earl Gideon.5 Mr. Gideon filed a petition for writ of habeas corpus that was denied by the Florida Supreme * © 2003, Steven Brannock. All rights reserved. Partner, Holland & Knight, L.L.P. B.A., University of Florida, 1976; J.D., University of Florida, 1980. Mr. Brannock currently coordinates appellate work in Holland & Knight’s Tampa, St. Petersburg, Orlando, and Lakeland offices. Board Certified in appellate practice by The Florida Bar, his experience includes litigating appellate matters in all five Florida District Courts of Appeal, the Flor- ida Supreme Court, four federal circuit courts of appeal, and the United States Supreme Court. -
THE DEMISE of FOURTH AMENDMENT STANDING: from STANDING ROOM to CENTER ORCHESTRA Nadia B
\\server05\productn\N\NVJ\8-2\NVJ203.txt unknown Seq: 1 1-APR-08 12:39 THE DEMISE OF FOURTH AMENDMENT STANDING: FROM STANDING ROOM TO CENTER ORCHESTRA Nadia B. Soree* “It is the duty of the courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon. Their motto should be obsta principiis.”1 I. INTRODUCTION More than 120 years after Justice Bradley’s call to vigilance against “stealthy encroachments,” the federal government has more than taken its first steps towards crossing the constitutional boundaries of the people’s right to privacy; it has walked for miles. Recently, the Inspector General of the Depart- ment of Justice issued a scathing report, detailing “widespread abuse of the FBI’s authority to seize personal details about tens of thousands of people with- out court oversight” and further finding that the FBI “hatched an agreement with telephone companies allowing the agency to ask for information on more than 3,000 phone numbers—often without a subpoena, without an emergency or even without an investigative case.”2 Justice Bradley might wonder what has happened to his expansive conception of the Fourth Amendment,3 and how (or if) today’s Court might heed his warning. He might ask, “Isn’t this a viola- tion of the Fourth Amendment?” Today’s Court might answer, “What’s it to you?” Nearly thirty years ago, in a trio of decisions authored by then Justice Rehnquist, the Supreme Court answered defendants with precisely the same question. In Rakas v. Illinois,4 United States v. -
Concurring Opinion of Commissioner Jon Leibowitz in the Matter of Rambus, Inc
CONCURRING OPINION OF COMMISSIONER JON LEIBOWITZ IN THE MATTER OF RAMBUS, INC. DOCKET NO. 9302 I. INTRODUCTION Rambus’s deception of JEDEC and its members injured competition and consumers alike. The company exploited the DRAM standard-setting process for its own anticompetitive ends. JEDEC’s members – including Rambus – understood that this information was to be gathered and shared to benefit the industry and its consumers as a whole, yet Rambus effectively transmogrified JEDEC’s procompetitive efforts into a tool for monopolization. As detailed in the Commission’s Opinion, such conduct meets all the requisite elements of a Section 2 violation. It would be equally apt, though, to characterize Rambus’s conduct as an “unfair method of competition” in violation of Section 5 of the FTC Act. Section 5 was intended from its inception to reach conduct that violates not only the antitrust laws1 themselves, but also the policies that those laws were intended to promote. At least three of these policies are at issue here. From the FTC’s earliest days, deceitful conduct has fallen within Section 5's province for its effects on competition, as well as on consumers.2 Innovation – clearly at issue in this case – is indisputably a matter of critical antitrust interest.3 In addition, joint standard-setting by rivals has long been an “object[] of antitrust scrutiny” for its anticompetitive uses, notwithstanding its great potential also to yield efficiencies.4 In this case, Rambus’s deceptive conduct distorted joint 1 15 U.S.C. § 12 (a) (2006). The antitrust laws include the Sherman Act and the Clayton Act (as modified by the Robinson-Patman Act). -
Waters V. Churchill, 511 US
OCTOBER TERM, 1993 Syllabus WATERS ET AL. v. CHURCHILL ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 92-1450. Argued December 1, 1993-Decided May 31, 1994 Petitioners fired respondent Churchill from her nursing job at a public hospital, allegedly because of statements she made to co-worker Perkins-Graham during a work break. What Churchill actually said during the conversation is in dispute. Petitioners' version was based on interviews with Perkins-Graham and one Ballew, who had overheard part of the conversation, and indicated that Churchill made disruptive statements critical of her department and of petitioners. However, in Churchill's version, which was corroborated by others who had over- heard part of the conversation, her speech was largely limited to nondis- ruptive statements critical of the hospital's "cross-training" policy, which she believed threatened patient care. Churchill sued under 42 U. S. C. § 1983, claiming that her speech was protected under Connick v. Myers, 461 U. S. 138, 142, in which the Court held that the First Amendment protects a government employee's speech if it is on a mat- ter of public concern and the employee's interest in expressing herself on this matter is not outweighed by any injury the speech could cause to the government's interest, as an employer, in promoting the efficiency of the public services it performs through its employees. The District Court granted petitioners summary judgment, holding that manage- ment could fire Churchill with impunity because neither version of the conversation was protected under Connick. -
How to Read the Opinion of a Court
How to Read the Opinion of a Court Library Research Guide What is an Opinion? When a judge hears a case and arrives at a judgment, an explanation or analysis of the reasoning behind the decision is frequently written. The analysis, called an opinion, is then published in the “Reporter” for the court. Significant decisions are published also in other Reporters. Opinions, Dissenting Opinions, and Headnotes When several judges are sitting on the court that hears the case, the decision of the court can be unanimous, split, or determined by a simple majority. A judge is assigned to write the opinion if the court, but any participating judge may write a separate opinion of his own. He may agree with the majority on the most points but disagree on others, elaborating on points of agreement and disagreement. He may agree with the majority decisions for reasons other than those given in the majority opinion. He may disagree with the court’s decision and write a dissenting opinion of his own, or he may disagree without writing an opinion. Dissent in the courts appears to have increased over the years. Frequently, the reader will have to glean the relevant facts, issues, and holding from the body of the opinion. To facilitate this, Reporters generally print a brief summary of the case, called “Headnotes”, prior to the actual text of the court’s opinion. These headnotes are not authoritative, but merely reader aids. Information Contained in the Opinion The bulk of the opinion of a court will consist usually of an analysis which includes the plaintiff’s arguments and supporting cases, the defendant’s argument and supporting cases, and the court’s review of the cases, statutes, and facts applicable to the case at bar. -
The Road to Bush V. Gore: the History of the Supreme Court's Use of the Per Curiam Opinion, 79 Neb
Nebraska Law Review Volume 79 | Issue 3 Article 2 2000 The Road to Bush v. Gore: The iH story of the Supreme Court's Use of the Per Curiam Opinion Laura K. Ray Widener Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Laura K. Ray, The Road to Bush v. Gore: The History of the Supreme Court's Use of the Per Curiam Opinion, 79 Neb. L. Rev. (2000) Available at: https://digitalcommons.unl.edu/nlr/vol79/iss3/2 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Laura Krugman Ray* The Road to Bush v. Gore:' The History of the Supreme Court's Use of the Per Curiam Opinion TABLE OF CONTENTS I. Introduction .......................................... 518 II. The History of the Per Curiam Opinion as a Form of Judicial Expression ................................... 521 A. The Background: An Instrument of Consensus ..... 521 B. The Transformation: The Decline of Consensus .... 524 III. The Per Curiam and the Idea of Individualism ........ 530 A. The Emergence of the Separate Voice .............. 530 B. The Pursuit of Consensus ..................... 533 IV. The Per Curiam as a Strategic Device ................. 536 A. Achieving Efficiency ............................... 537 B. Working by Indirection ............................ 538 C. Creating New Law ................................ 541 D. Using Procedure as a Screen ...................... 548 E. Disciplining Courts and Litigants .................. 549 V. The Per Curiam and Individual Expression ............ 550 A. The Minimalist Opinion and Efficiency: New York Times Co.