DEATH PENALTY (access required)

Published: June 29, 2010
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A state court improperly weighed whether a kidnapping defendant was denied the effective assistance of counsel in the death penalty phase of his trial.

INTELLECTUAL PROPERTY (access required)

Published: June 28, 2010
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Businessmen could not seek a patent on an investment strategy that purported to show energy market investors how to hedge against the risk of price changes.

SECOND AMENDMENT (access required)

Published: June 28, 2010
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The Second Amendment right to keep and bear arms for the purpose of self defense applies to states and local municipalities through the Fourteenth Amendment.

SECURITIES REGULATION (access required)

Published: June 28, 2010
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A portion of the Sarbanes-Oxley Act violates the Constitution’s Appointments Clause because it limits the president’s ability to remove members of the Public Company Accounting Oversight Board.

U.S. Supreme Court. Free Enterprise Fund v. Public Company Accounting Oversight Bd., No. 08-861.  June 28, 2010. Lawyers USA No. 993-2056.

FIRST AMENDMENT (access required)

Published: June 28, 2010
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A school policy requiring student groups to accept members that do not share the organization’s core beliefs about religion and sexual orientation does not violate group members’ First Amendment rights.

See “Court rules on school non-discrimination policy

U.S. Supreme Court. Christian Legal Society v. Martinez, No. 08-1394.  June 28, 2010. Lawyers USA No. 993-2055.

FIRST AMENDMENT (access required)

Published: June 25, 2010
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The public disclosure of the names and addresses of those who signed a referendum petition does not violate their First Amendment rights.

See “Release of referendum information doesn’t violate First Amendment.”

U.S. Supreme Court. Doe v. Reed, No. 09-559. June 24, 2010. Lawyers USA No. 993-2050.

ARBITRATION (access required)

Published: June 24, 2010
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An outside party to a collective bargaining agreement can’t be sued in court for tortious interference - a mandatory arbitration clause in the contract does not apply.

CRIMINAL FRAUD (access required)

Published: June 24, 2010
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Jury instructions in an “honest services” criminal fraud statute were erroneous in light of Skilling v. U.S.

See “Court limits ‘honest services fraud

U.S. Supreme Court. Black v. U.S., No. 08-876.  June 24, 2010. Lawyers USA No. 993-2043.

CRIMINAL FRAUD (access required)

Published: June 24, 2010
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An “honest services” criminal fraud case involving a public official is reversed and remanded as erroneous in light of Skilling v. U.S.

See “Court limits ‘honest services fraud

U.S. Supreme Court. Weyhrauch v. U.S., No. 08-1196.  June 24, 2010. Lawyers USA No. 993-2042.

CRIMINAL FRAUD (access required)

Published: June 24, 2010
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The “honest services” criminal fraud statute applies only to cases involving bribery and kickbacks.

See “Court limits ‘honest services fraud

U.S. Supreme Court. Skilling v. U.S., No. 08-1394.  June 24, 2010. Lawyers USA No. 993-2041.

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