COPYRIGHT 
Published: January 18, 2012
Tags: Congress, copyright, Copyright Clause
Congress has the authority under the Copyright Clause to remove works from the public domain and provide them with copyright protection.
U.S. Supreme Court. Golan v. Holder, No. 10-545. Jan. 18, 2012. Lawyers USA No. 993-3495.
CONSUMER PROTECTION
Published: January 17, 2012
Tags: credit cards, Fair Credit Reporting Act, FCRA, sovereign immunity
Has the federal government waived its sovereign immunity with respect to a claim for damages under the Fair Credit Reporting Act?
See “Justices to decide if government immune in Fair Credit Act case”
U.S. v. Bormes, No. 11-192. Certiorari granted: Jan. 13, 2012. Ruling below: 626 F. 3d 574 (Fed. Cir. 2010).
HABEAS CORPUS
Published: January 13, 2012
Has a habeas petitioner’s claim been “adjudicated on the merits” where the state court denied relief in an explained decision but did not expressly acknowledge a federal-law basis for the claim?
Cavazos v. Williams, No. 10-1016.Certiorari granted: Jan 13, 2012. Ruling below: 646 F.3d 626. (9th Cir. 2011).
EMPLOYMENT LAW
Published: January 13, 2012
Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court
Does the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains both disputed termination and unlawful discrimination claims?
See “Court considers jurisdiction for MSPB appeals”
Kloeckner v. Solis, No. 11-184.Certiorari granted: Jan. 13, 2012. Ruling below: 639 F.3d 834 (8th Cir. 2011).
TRIBAL LAW
Published: January 6, 2012
Is the government required to pay all of the contract support costs incurred by a tribal contractor under the Indian Self-Determination and Education Assistance Act where Congress has imposed an express statutory cap on the appropriations available to pay such costs?
Salazar v. Ramah Navajo Chapter, No. 10-1016.Certiorari granted: Jan 6, 2012. Ruling below: 644 F.3d 1054 (10th Cir. 2011).
SEARCH AND SEIZURE
Published: January 6, 2012
Tags: criminal procedure, Fourth Amendment, search and seizure, Supreme Court
Is the police’s use of trained narcotics sniffing dogs at the front door of a suspect’s house a Fourth Amendment search requiring probable cause?
See “Justices to decide if use of drug sniffing dog is search”
Florida v. Jardines, No. 11-564.Certiorari granted: Jan. 6, 2012. Ruling below: No. SC08-2101 (Fla S. Ct. 2011).
BANKRUPTCY
Published: December 12, 2011
Tags: Bankruptcy
Can a Chapter 11 debtor pursue a reorganization plan that proposes to sell encumbered assets at auction free and clear of liens without allowing a secured lender to bid its credit?
See “Justices to decide ‘cramdown’ rights of secured lender”
RadLAX Gateway Hotel v. Amalgamated Bank, No. 11-166. Certiorari granted: Dec. 12, 2011. Ruling below: No. 10-3597 (7th Cir. 2011).
INDIAN LAW
Published: December 12, 2011
Tags: indian law
Does a resident of Indian lands have standing to challenge a decision by the Secretary of the Interior to take land in trust for use as a gaming facility, and does the United States have sovereign immunity in such suits?
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, No. 11-246; consolidated with Salazar v. Patchak, No. 11-247. Certiorari granted Dec. 12, 2011. Ruling below: 632 F.3d 702 (D.C. Circuit 2011).
IMMIGRATION LAW
Published: December 12, 2011
Tags: immigration law, SB 1070
Does federal immigration law preempt an Arizona law authorizing police to verify the immigration status of individuals who are detained?
See “Justices to decide if Az. immigration law is preempted”
Arizona v. U.S., No. 11-182. Certiorari granted: Dec. 12, 2011. Ruling below: 641 F.3d 339 (9th Cir. 2011).
ELECTION LAW
Published: December 12, 2011
Are the redistricting plans drawn up by a federal court for the Texas state legislature and U.S. House of Representatives constitutional?
Perry v. Perez, Nos. 11-713, 11-714 and 11-715. Cases accepted Dec. 9, 2011. Ruling below: Unreported order SA-11-CV-360 (U.S. District Court, W.D. Texas 2011).
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