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Author Archives: Kimberly Atkins

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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Court nixes Ariz. proof of citizenship law

WASHINGTON – In the first of two widely-anticipated voting rights decisions from the U.S. Supreme Court this month, the justices struck down a voter imposed Arizona law requiring residents to show proof of citizenship in order to register to vote ...

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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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WATER RIGHTS

The Red River Compact does not preempt Oklahoma water statutes. See “Court backs Okla. in Texas water rights dispute.” U.S. Supreme Court. Tarrant Regional Water Dist. v. Herrmann, No. 11-889. June 13, 2013. Lawyers USA No. 993-3475.  

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