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Grants of Certiorari

CRIMINAL LAW

Can Congress constitutionally enact legislation to implement an international treaty in a way that reaches poisoning cases normally handled by state and local authorities? See “Court again takes up case of poisoned paramour.” Bond v. U.S., No. 12-158.Certiorari granted:  Jan. ...

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FIRST AMENDMENT

Does the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act violate the First Amendment by requiring an organization to have a policy explicitly opposing prostitution and sex trafficking in order to receive federal funding to provide HIV and AIDS ...

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TRANSPORTATION

Does a federal law generally prohibiting the state and local regulation of motor carriers contain a “market participant” exception permitting a municipality to take action that conflicts with the federal statute’s express preemption clause? American Trucking Associations v. Los Angeles, ...

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FEDERAL PREEMPTION

Does the Federal Employees Group Life Insurance Act or its regulations preempt a state law creating a cause of action against the recipient of life insurance proceeds after they have been distributed? See “Does federal law preempt state life insurance ...

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MIRANDA RIGHTS

Does the Fifth Amendment’s Self-Incrimination Clause protect a defendant’s refusal to answer law enforcement questioning before he has been arrested or read his Miranda rights? See “Does right to remain silent exist before arrest?” Salinas v. Texas, No. 12-246. Certiorari ...

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CRIMINAL LAW – EXTORTION

Did threatening to expose gossip about a state general counsel if he failed to give a positive recommendation to a business investment proposal qualify as attempted extortion under federal law? See “Justices take up extortion case.” Sekhar v.U.S., No. 12-357. ...

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SEX OFFENDERS

Does Congress have the power to impose criminal penalties for failing to register a new address on sex offenders convicted and released before the enactment of the Sex Offender Registration and Notification Act? See “Court to rule on sex offender ...

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WATER RIGHTS

Does Congress’s approval of an interstate water compact granting states “equal rights” to certain surface water manifest unmistakably clear congressional consent to state laws that expressly burden interstate commerce in water? Tarrant Regional Water District v. Herrmann, No. 11-889.Certiorari granted:  ...

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FAMILY LAW

Can a non-custodial parent invoke tribal law to block an adoption by non-Indian parents that was lawfully initiated under state law? See “Court to decide if tribal law can block adoption.” Adoptive Couple v. Baby Girl, No. 12-399. Certiorari granted:  ...

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CRIMINAL PROCEDURE

Does any degree of judicial participation in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically require a defendant’s guilty plea to be vacated, irrespective of whether the error prejudiced the defendant? See “Justice to decide if ...

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