For right to remain silent, no bright line 
By:
Kimberly Atkins
Published: June 19, 2013
Tags: Criminal Law, criminal procedure, Fifth Amendment, Miranda, U.S. Supreme Court
WASHINGTON – The U.S. Supreme Court’s splintered ruling allowing a witness’ pre-arrest silence to be introduced at trial — its latest decision carving out more of the contours of defendants’ well-known right to remain silent — seemed at first blush to be a devastating blow to defense attorneys and their clients.
4th Circuit: NLRB had no authority to issue posting rule
Published: June 18, 2013
Tags: 4th Circuit, NLRA, NLRB, notice posting rule, statutory authority
In a ruling that pushes a second major battle over the National Labor Relations Board closer to the steps of the U.S. Supreme Court, the 4th U.S. Circuit Court of Appeals has ruled that the board lacks statutory authority to require employers to post a sign in workplaces informing workers
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Justices take up attorney fees case
Published: June 18, 2013
Tags: 1st Circuit, attorney fees, Employment Law, U.S. Supreme Court
WASHINGTON — Taking up a 1st U.S. Circuit Court of Appeals case on an issue dividing the circuits, the U.S. Supreme Court has agreed to decide whether a district court’s decision on the merits that leaves unresolved a request for contractual attorney fees is a “final decision” under federal law.
Court nixes Ariz. proof of citizenship law
By:
Kimberly Atkins
Published: June 17, 2013
Tags: Arizona, citizenship requirements, election law, National Voter Registration Act, U.S. Election Assistance Commission, U.S. Supreme Court, voter registration
WASHINGTON – In the first of two widely-anticipated voting rights decisions from the U.S. Supreme Court this month, the justices struck down a voter imposed Arizona law requiring residents to show proof of citizenship in order to register to vote in federal elections.
Court: Silence not enough to invoke ‘Miranda’ right
Published: June 17, 2013
Tags: Fifth Amendment, Miranda, non-custodial questioning, pre-arrest, U.S. Supreme Court
WASHINGTON — In a major ruling Monday on the breadth of pre-arrest Miranda protections, the U.S. Supreme Court held in a splintered decision that the silence of a person being voluntarily questioned by police can be introduced at trial if the subject did not specifically assert his or her right to remain silent to police.
FEDERAL PREEMPTION
Published: June 17, 2013
Arizona’s evidence-of-citizenship requirement, as applied to Federal Form voter registration applicants, is pre-empted by the federal National Voter Registration Act.
See “Court nixes Ariz. proof of citizenship law.”
U.S. Supreme Court. Arizona v. Inter Tribal Council of Ariz. Inc., No. 12-71. June 17, 2013. Lawyers USA
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‘MIRANDA’ WARNING
Published: June 17, 2013
The Fifth Amendment right to remain silent is not self-executing; it must be expressly invoked by a witness during pre-arrest questioning by police.
See “Court: Silence not enough to invoke ‘Miranda’ right.”
U.S. Supreme Court. Salinas v. Texas, No. 12-246. June 17, 2013. Lawyers USA No.
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Supreme Court nixes human gene patents
By:
Kimberly Atkins
Published: June 13, 2013
Tags: BRAC, genetic material, human genes, patent, product of nature, U.S. Supreme Court
WASHINGTON – In a decision that seemed designed to carve out a middle ground in the legal battle over whether companies can hold exclusive rights in the use of biological material, the U.S. Supreme Court ruled today that isolated human genes are not patentable, but synthetically created genetic material may be patented.
WATER RIGHTS
Published: June 13, 2013
The Red River Compact does not preempt Oklahoma water statutes.
See “Court backs Okla. in Texas water rights dispute.”
U.S. Supreme Court. Tarrant Regional Water Dist. v. Herrmann, No. 11-889. June 13, 2013. Lawyers USA No. 993-3475.
PATENT LAW
Published: June 13, 2013
Isolated human gene components are not patentable, but synthetically created genetic material may be patented.
See “Supreme Court nixes human gene patents.”
U.S. Supreme Court. Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398. June 13, 2013. Lawyers USA No. 993-3474.
