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Supreme Court Decisions

LAND-USE REGULATION

A government agency’s demand for property from a land-use permit applicant must satisfy the U.S. Supreme Court’s requirement that there be a nexus and rough proportionality between the agency’s demand and the effects of the proposed land use, even when ...

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HOBBS ACT

A defendant could not be convicted of extortion under the Hobbs Act based on his attempting to compel an employee to recommend that his employer approve an investment. See “Justices overturn N.Y. extortion conviction” U.S. Supreme Court. Sekhar v. U.S., ...

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FIRST AMENDMENT

A law predicating the award of international aid to combat HIV/AIDS on an agreement by recipients to adopt a policy explicitly opposing prostitution violates the First Amendment. U.S. Supreme Court. Agency for Int’l Development v. Alliance for Open Society Int’l, ...

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ARMED CAREER CRIMINAL ACT

Courts cannot consider the facts behind underlying convictions in determining whether to impose a sentencing enhancement under the Armed Career Criminal Act if the statutory elements of the underlying crime are clear. See “Justices rule against gov’t on sentencing enhancements.” ...

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ARBITRATION

The FAA does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. See “Justices: High cost no bar to class ...

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Privacy ruling forces lawyers to handle DMV data with care

Four of South Carolina’s most prominent trial lawyers are facing potential liability for millions of dollars in damages in the wake of Monday’s decision by the U.S. Supreme Court to broaden the protections afforded personal information compiled by state departments ...

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DRIVER’S PRIVACY PROTECTION ACT

The litigation exception to the federal Driver’s Privacy Protection Act does not allow attorneys to obtain the personal information of drivers for the “predominant purpose” of soliciting new clients. See “Attorneys can’t get driver information to solicit clients, justices rule” ...

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FEDERAL PREEMPTION

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. ...

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‘MIRANDA’ WARNING

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. ...

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