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U.S. Supreme Court Says Federal Bribery Statute Permits “Gratuities”: Virginia Law Much Less Forgiving

Last month, in Snyder v. United States, the Supreme Court of the United States narrowly construed the federal anti-bribery statute.  In that case, the mayor of Portage, Indiana worked with other officials to carefully prepare...more

Social Media Posts by Government Officials: Traps for the Unwary After Lindke v. Freed

Everyone on social media at some point has to figure out how they’re going to use it. Will their account be public?  Will they post information about family? Current events? Religion? Politics? If the account’s not open to...more

Supreme Court Hears Arguments on Application of Attorney-Client Privilege

It happens often enough that lawyers receive communications from clients that have a “dual purpose.” In part the communication seeks legal advice. In part, though, the communication asks for business, or family, or personal...more

Not Reading the Signs: Supreme Court Examines Outdoor Signs (Again)

The US Supreme Court decided City of Austin v. Reagan National Advertising of Austin yesterday. The case got the Court back into deciding what kinds of outdoor signs can be regulated. You might think that driving down the...more

To Arbitrate or Not to Arbitrate? “Where?” is the Question

Last month, the U.S. Supreme Court provided very helpful instruction on how to enforce arbitration agreements under the Federal Arbitration Act. Short answer: most of the time, arbitrations will get enforced in state court,...more

Supreme Court to Politicians: Toughen Up, Buttercup!

What do you suppose the Supreme Court might tell a politician who filed a lawsuit complaining that other politicians said mean things about him? You might think the Court would say, “Toughen up, Buttercup!” Well, yesterday,...more

Supreme Court Closes the Door, Mostly, to Class Action Arbitrations

Contracts around the country, concerning every manner of commercial transaction from employment matters to real estate acquisition to consumer purchases, increasingly include a requirement that disputes will be resolved...more

Supreme Court Leaves Big Partisan Gerrymandering Questions Undecided: Some Clues About What Happens Next

On Monday the Supreme Court avoided deciding, once again, when, if ever, political gerrymandering violates the Constitution. In Gill v. Whitford, the Supreme Court was presented with startling evidence that Wisconsin...more

Discriminating on the Basis of Religious Belief: Limited Lessons for Governments and Businesses from Masterpiece Cakeshop

The US Supreme Court decided yesterday what Court watchers thought might be a landmark case deciding whether the rights to free exercise of religion and free speech trumped the rights of gays and lesbians to have access to...more

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

Reading Tea Leaves from Arguments in Gill v. Whitford: 5 Lessons from an Election Law Revolution

In Wisconsin, legislative assembly elections are like Alice – they’re through the looking glass. After redistricting in 2011, Wisconsin Republicans lost the popular vote for legislative seats with only 49% of the votes cast....more

Leading a Briber On Isn't the Same as Accepting a Bribe: How Gov. McDonnell Beat His Corruption Rap

The Supreme Court has reversed Gov. Bob McDonnell's conviction for bribery under the Hobbs Act. In ruling his conviction must be set aside, the High Court conceded the case was "distasteful," but unanimously concluded that...more

Spokeo, Inc. v. Robins: the Constitution Requires Proof of Concrete Injury

The Supreme Court of the United States, in a 6-2 ruling, has fleshed out the Constitutional requirement for proving injury in a Fair Credit Reporting Act case. In Spokeo, Inc. v. Robins, the Court held, in a boost to...more

Google is Reimagining Writing and Publishing (if the Supreme Court Will Let It)

Google, or its parent company Alphabet, is the most valuable company in the world. It doesn't want for much and, least of all, for ambition and imagination. So its revolutionary Google Library project, to catalog and...more

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used...more

Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs.  In Reed v. Town of Gilbert,...more

US Supreme Court Clarifies Appellate Rights in Multi-District Litigation Proceedings

In Gelboim v. Bank of America, the Supreme Court of the United States clarified the appellate rights of litigants in Multi-District Litigation. The Court's ruling in January expands the availability of appeal as an option to...more

T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell. At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications...more

Town of Greece v. Galloway: U.S. Supreme Court Clarifies Law on Legislative Prayer and the Establishment Clause

Today, the Court handed down its ruling in Town of Greece. In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision. The ruling pretty dramatically and explicitly broadens the...more

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