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Author Archives: Kimberly Atkins

Justices give school another shot in affirmative action case

WASHINGTON — Giving the University of Texas at Austin another chance to prove that its affirmative action program passes constitutional muster, the U.S Supreme Court held today that schools must prove that admissions policies considering race among other factors must ...

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Supreme Court to decide fate of Obama’s recess appointments

WASHINGTON — In a case that will decide not only the fate of hundreds of National Labor Relations Board decisions and rules issued over the last 18 months but also help define the constitutional limits of presidential and congressional authority, ...

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Justices: High cost no bar to class arbitration waiver

Supreme-Court

WASHINGTON — Plaintiffs cannot avoid a contractual waiver of class arbitration on the ground that the cost of individually arbitrating their claims exceeds their potential recovery, the U.S. Supreme Court has held in a divided ruling.

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Justices rule against gov’t on sentencing enhancements

WASHINGTON — In a ruling that limits the information courts can consider when determining whether to impose sentencing enhancements under the Armed Career Criminal Act, the U.S. Supreme Court ruled Thursday that courts cannot parse the facts behind underlying convictions ...

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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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