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Grants of Certiorari

CRIMINAL

Does a criminal defendant have a constitutional right to a pretrial hearing to challenge the viability of the charges against him when a restraining order has frozen the assets he needs to retain his counsel of choice? See “Court to ...

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EMPLOYMENT — AGE DISCRIMINATION

May state and local government employees avoid the limitations of the Age Discrimination in Employment Act by bringing age discrimination claims directly under the Equal Protection Clause and §1983? See “Can age discrimination claim proceed under §1983?” Madigan v. Levin, ...

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ENVIRONMENTAL LAW

Does an environmental group have Article III standing to challenge U.S. Forest Service amendments to forest plans governing management of certain Sierra Nevada forests, when the organization failed to establish that any of its members was imminently threatened with cognizable ...

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JURISDICTION

Does due process permit a court to exercise personal jurisdiction over a defendant whose sole “contact” with the forum state is his knowledge that the plaintiff has connections to that state? See “Court to decide if knowledge confers jurisdiction.” Fiore ...

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FIFTH AMENDMENT

Does the state violate the Fifth Amendment privilege against self-incrimination by using a defendant’s court-ordered mental evaluation to rebut his claim that his methamphetamine use prevented him from having the requisite mental state to commit capital murder? See “Justices to ...

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FAIR LABOR STANDARDS ACT

What constitutes “changing clothes” for purposes of determining a worker’s compensable time under the Fair Labor Standards Act? See “What constitutes ‘changing clothes’ under FLSA?” Sandifer v. U.S. Steel, No. 10-1821. Certiorari granted:  Feb. 19, 2013. Ruling below: 678 F.3d ...

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CRIMINAL LAW

Could a state trial court retroactively apply a ruling from its supreme court that abolished the diminished-capacity defense? See “Can state retroactively abolish diminished-capacity defense?” Lancaster v. Metrish, No. 12-547.Certiorari granted: Jan. 18, 2013. Ruling below: 683 F.3d 740 (6th ...

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EMPLOYMENT

Does Title VII’s retaliation provision require a plaintiff to prove but-for causation, or only that the employer had a mixed motive? See “Does mixed-motive analysis apply in retaliation case?” University of Texas Southwestern Medical Center v. Nassar, No. 12-484. Certiorari ...

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