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STANDING 

Published: May 21, 2012

Do non-citizens have Article III standing to prospectively challenge a law allowing the government to obtain foreign intelligence information about them?

Clapper v. Amnesty International USA, No. 11-1025.Certiorari granted:  May 21, 2012. Ruling below: 638 F.3d 118. (2nd Cir. 2010).

INEFFECTIVE ASSISTANCE OF COUNSEL 

Published: April 30, 2012

Is the Supreme Court’s ruling in Padilla v. Kentucky, which requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, retroactive?

See “Justices to decide whether ‘Padilla’ duty is retroactive”

Chaidez v. U.S., No. 11-820.Certiorari granted:  April 30, 2012. Ruling below: 655 F.3d 684. (7th Cir. 2011).

COPYRIGHT 

Published: April 16, 2012

Tags: copyright, Supreme Court

Can a foreign-made work ever be resold within the United States without the copyright owner’s permission?

U.S. Supreme Court. Kirtsaeng v. John Wiley & Sons, Inc, No. 11-697. Certiorari granted April 16, 2012. Ruling below: 654 F.3d 210 (2d Cir. 2011).

IMMIGRATION 

Published: April 2, 2012

Tags: immigration

Does an alien’s state-law conviction for possessing marijuana with intent to distribute constitute an “aggravated felony” justifying deportation, even though the record of conviction does not show that the underlying conduct would constitute a felony under federal law?

See “Justices to decide if marijuana crime justifies deportation”

Moncrieffe v. Holder, No. 11-702. Certiorari granted:  April 2, 2012. Ruling below: 662 F. 3d 387 (5th Cir. 2011).

TAKINGS CLAUSE 

Published: April 2, 2012

Tags: Supreme Court, Takings Clause

Must government actions that impose recurring flood invasions continue permanently to “take” property within the meaning of the Takings Clause?

Arkansas Game & Fish Commission v. U.S., No. 11-597.Certiorari granted:  April 2, 2011. Ruling below: 87 Fed. Cl. 594 (Fed. Cir. 2011).

SEARCH AND SEIZURE 

Published: March 26, 2012

Tags: search and seizure

Is probable cause for a motor vehicle search established by an alert from a well-trained narcotics detection dog certified to detect illegal contraband?

See “Justices to decide if dog sniff justified vehicle search”

Florida v. Harris, No. 11-817. Certiorari granted:  March 26, 2012. Ruling below: 71 So. 3d 756 (Fla. 2011).

HABEAS CORPUS 

Published: March 19, 2012

Tags: habeas corpus

May a federal court equitably toll habeas proceedings under the Antiterrorism and Effective Death Penalty Act prospectively until the capital defendant is deemed competent to proceed?

U.S. Supreme Court. Tibbals v. Carter, No. 11-218. Certiorari granted: March 19, 2012. Ruling below: 644 F.3d 329 (6th Cir. 2011).

HABEAS CORPUS 

Published: March 19, 2012

Tags: habeas corpus

Can an indigent death row defendant stay federal habeas proceedings that he initiated pursuant to 18 U.S.C. §3599(a)(2) – under which inmates “shall be entitled to the appointment of one or more attorneys” – if he is not competent to assist counsel?

U.S. Supreme Court. Ryan v. Gonzales, No. 10-930. Certiorari granted: March 19, 2012. Ruling below: 623 F.3d 1242 (9th Cir. 2010).

EQUAL PROTECTION 

Published: February 22, 2012

Tags: college admissions, diversity, racial discrimination, U.S. Supreme Court

Does the University of Texas’ admissions policy that considers race as one of many factors in admitting students to the state college violate the Equal Protection Clause?

See “Supreme Court to revisit diversity in admissions college admissions”

U.S. Supreme Court. Fisher v. University of Texas at Austin, No. 11-345. Certiorari granted: Feb. 21, 2012. Ruling below: 631 F.3d 213 (5th Cir. 2011).

MARITIME LAW 

Published: February 21, 2012

Does a moored floating structure not intended to be used in maritime transportation or commerce constitute a “vessel” under federal law, triggering federal maritime jurisdiction?

Lozman v. City of Riviera Beach, No. 11-626. Certiorari granted Feb. 21, 2012. Ruling below: 643 F.3d 1259 (11th Cir. 2011).