Posts filtered by tags: Ginsburg[x]


 

Argument analysis: Justices worry about extending California wage-and-hours laws to offshore drilling platforms

On Tuesday, the Supreme Court heard oral argument in Parker Drilling Management Service, Ltd. v. Newton, a case about whether workers employed on drilling platforms more than three miles off the coast of California are entitled to the protections of California’s more worker-friendly wage-and-hours law or whether a federal statute, the Outer Continental Shelf Lands Act, limits them to the benefits required by the Fair Labor Standards Act. The justices seemed intrigued (and occasionally frustrated...
Tags: Featured, Merits Cases


Argument analysis: Justices debate time travel in assessing liability for inadequate disclosures about tender offers

The argument yesterday in Emulex Corp. v. Varjabedian presented the justices with an odd interpretive problem about revisions to the securities laws made in the 1960s to govern tender offers. At that time, federal courts commonly read statutes as “implying” private rights of action, permitting private parties to file suit to enforce the securities laws whenever it seemed a useful way to ensure compliance. So when Congress wrote the provision proscribing misleading information in disclosures abou...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Elena Kagan, Kagan, Goldstein Russell, Merits Cases, Emulex Corp, Brett Kavanaugh


Fooey on the Draft

Iancu v. Brunetti (Supreme Court 2019) [Oral Arg Transcript] In this case, the Federal Circuit held that the prohibition on registering “immoral” or “scandalous” marks is a facial violation of a registrant’s First Amendment free speech rights.  Here, Brunetti is seeking to register the mark “FUCT,” which the solicitor identified as a close homonym of “the paradigmatic word of profanity in our language.” Oral arguments were held on April 15 before the nine Supreme Court justices. In the case bef...
Tags: Supreme Court, Law, California, Uspto, Patent, Tam, Cohen, Coast Guard, Roberts, Ginsburg, Alito, PTO, Sotomayor, Breyer, Sommer, Kavanaugh


Court Ruling Implies That Barr Must Redact Grand-Jury Info from Mueller Report

In disclosing the Mueller report, Attorney General William P. Barr will have to redact grand-jury information. That is the upshot of the ruling today by a divided panel of the U.S. Court of Appeals for the D.C. Circuit.I flagged this case, now called McKeever v. Barr (formerly McKeever v. Sessions), last week. It did not arise out of the Mueller investigation, but it obviously has significant ramifications for the Mueller report -- in particular, how much of it we will get to see.At issue was th...
Tags: News, Supreme Court, Obama, Congress, Reagan, Fbi, House, House Of Representatives, Gordon Strachan, Columbia University, Cia, Justice Department, Srinivasan, Dominican Republic, Frank, Nixon


The Company We No Longer Keep

For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019).Linda Greenhouse             Two texts, a quarter century apart, frame the issue under discussion in this symposium. In 1986, shortly before becoming Chief Justice, Justice William Rehnquist published an article he titled “Constitutional Law and Public Opinion.”   [20 Suffolk U. L. Rev. 753, 768 (1986)]   Public opinion inevita...
Tags: Post, Justice, Supreme Court, Washington Post, Washington, Court, Yale, Aclu, Kaiser, Republican Party, Republican, Ruth Bader Ginsburg, Wall Street Journal, Ucla, Branding, Guest Blogger


New Blu-ray Releases: ‘If Beale Street Could Talk’, ‘Vice’, ‘Pet Sematary’, ‘On the Basis of Sex’, ‘The Man Who Killed Hitler and Then the Bigfoot’

Hello to all you physical media fiends out there. As usual, I’ve rounded up the best of the best in home entertainment just for you. This week, we have If Beale Street Could Talk, Vice, a new 4K release of the 1989 Pet Sematary, On the Basis of Sex, and, yes, The Man Who Killed Hitler and Then the Bigfoot. These are the new Blu-ray releases and their special features you should check out this week and beyond. If Beale Street Could Talk Am I still a bit miffed that Barry Jenkins‘ If Beal...
Tags: Comedy, Movies, Supreme Court, Drama, Horror, Stephen King, America, Maine, Bigfoot, Christian Bale, Hitler, Amy Adams, Ruth Bader Ginsburg, Vice, Academy, Dick Cheney


Empirical SCOTUS: Is Kavanaugh as conservative as expected?

On Monday, April 1, 2019, the Supreme Court decided the case Bucklew v. Precythe, with the five conservative justices in the majority and the four liberals in dissent. To some, including legal scholar and CNN analyst Steve Vladeck, this ruling ushered in a new conservative court without the moderating anchor of Justice Anthony Kennedy. Going even further, Slate’s Mark Joseph Stern referred to the decision as “beyond appalling,” while Think Progress’ Ian Millhiser described it as “the most bloodt...
Tags: Supreme Court, Law, Cnn, United States, Davis, Nielsen, Smith, Donald Trump, Ruth Bader Ginsburg, Delaware, Kennedy, Sanders, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts


Kaiser roll shaping

Kaiser roll shaping Submitted by dmsnyder on April 1, 2019 - 2:45pm. Ten or more years ago, nbicomputers (Norm Berg, may he rest in peace) made a video of the traditional method of shaping kaiser rolls. This question came up yesterday because my younger son posted some photos of rolls he had recently made which included some "kaiser rolls." He said he had shaped them in the traditional way, but what he really made was knotted rolls which are quite different. Now, Joel's rolls look d...
Tags: Kaiser, Baking, Joel, Ginsburg, Berg, Norm Berg, TFL Kaiser


Trump ‘Saving’ Conservative Female Judge To Replace Ginsburg

President Trump is keeping Judge Amy Coney Barrett on the back burner just in case Justice Ruth Bader Ginsburg decides to retire while he’s in office. “I’m saving her for Ginsburg,” Trump has told advisers and several other people in various conversations, including when he was discussing Brett Kavanaugh’s nomination, Axios reported. Conservatives wanted Barrett to replace Justice Anthony Kennedy, given her age, Catholic faith and her openness to overturning Roe v. Wade, but Trump was reporte...
Tags: News, Supreme Court, Catholic, Donald Trump, Ruth Bader Ginsburg, Trump, Ginsburg, Lisa Murkowski, Barrett, Anthony Kennedy, Sens Susan Collins, Brett Kavanaugh, Amy Coney Barrett, Nicole Lafond, Ginsburg Trump


Report: Trump ‘Saving’ Conservative Female Judge To Replace Ginsburg

President Trump is reportedly keeping Judge Amy Coney Barrett on the back burner just in case Justice Ruth Bader Ginsburg decides to retire while he’s in office. “I’m saving her for Ginsburg,” Trump has told advisers and several other people in various conversations, including when he was discussing Brett Kavanaugh’s nomination, Axios reported. Conservatives wanted Barrett to replace Justice Anthony Kennedy, given her age, Catholic faith and her openness to overturning Roe v. Wade, but Trump ...
Tags: News, Supreme Court, Catholic, Donald Trump, Ruth Bader Ginsburg, Trump, Ginsburg, Lisa Murkowski, Barrett, Anthony Kennedy, Sens Susan Collins, Brett Kavanaugh, Amy Coney Barrett, Nicole Lafond, Ginsburg Trump


In Defense of the Chief Justice's Execution of His Responsibilities in NFIB v. Sebelius

As Mark Tushnet's astute post points out, Joan Biskupic's recent biography of Chief Justice John Roberts does not actually establish that the Chief Justice changed his mind on any constitutional question in the case, let alone that he moved from doing "law" to doing "politics." It is all the more unfortunate that unsupported accusations about the Chief Justice's "political" behavior in NFIB v. Sebelius keep being made when he was right on the law in upholding the minimum coverage provision in th...
Tags: Justice, Congress, Court, Arizona, Philadelphia, Branding, John Roberts, Roberts, Ginsburg, NFIB, Samuel Alito, Joan Biskupic, Tom Goldstein, Sebelius, Neil Siegel, Mark Tushnet


Student SCOTUS preview part three: mapping out likely votes after oral argument in US v. Haymond

I noted here back in 2017 an interesting opinion in US v. Haymond where a Tenth Circuit panel declared unconstitutional the procedures used for revocation of a sex offender's supervised release.  The Supreme Court also found the case interesting because, as reported here, the Justices in 2018 accepted the petition for certiorari filed by the federal government.  The SCOTUSblog page on Haymond has links to all the briefing. As reported in this prior post, I have a great student, Jim McGibbon, who...
Tags: Supreme Court, Law, Washington, Oregon, Court, US, United States, New Jersey, Thomas, Jim, Ginsburg, Blakely, Sotomayor, Kagan, Kavanaugh, Amy Howe


Exclusive ‘On the Basis of Sex’ Clip Reveals the Real Ruth Bader Ginsburg Helped with the Script

On the Basis of Sex is a biopic that deals with the early half of Ruth Bader Ginsburg‘s life and career, before she became a now-legendary Supreme Court Justice. If you were wondering how accurate the film is, the exclusive On the Basis of Sex clip below provides the answer: pretty darn accurate. Because Justice Ginsburg herself actually took the time to read the script, and provide notes to the screenwriter Daniel Stiepleman – who also happens to be Ginsburg’s nephew. On the Basis of Sex C...
Tags: Movies, Supreme Court, Digital, America, Ruth Bader Ginsburg, True Story, Video Clips, Ruth, Blu, Martin, Ginsburg, Supreme Court Justice, Focus Features, Behind the Scenes Footage, Ruth Ginsburg, On the basis of sex


Argument analysis: Justices navigating between different precedential paths on punitive damages for maritime personal injury

The Supreme Court heard oral argument yesterday in The Dutra Group v. Batterton, a maritime case that asks whether a Jones Act seaman can recover punitive damages in a personal-injury suit based on the unseaworthiness of a vessel on which he was working. Seven of the justices questioned one or both attorneys but, with a few exceptions, did not clearly signal a likely inclination. The argument did suggest that some division is likely. Not only does the issue involve a split among various circuit ...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Ruth Bader Ginsburg, Miles, Sonia Sotomayor, Antonin Scalia, John Roberts, Roberts, Townsend, Ginsburg, Waxman, Alito, Sotomayor


Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty

With a three-justice plurality opinion, a two-justice concurrence in the judgment and two dissents, Washington State Department of Licensing v. Cougar Den appears unusually fractured at first glance. But the disagreements among seven of the justices are relatively small, turning largely on whether and why Washington’s motor-fuel tax really burdens the Yakama treaty right to travel. Only the dissent by Justice Brett Kavanaugh, joined by Justice Clarence Thomas, indicates a fundamental disagreemen...
Tags: Featured, Supreme Court, Law, Washington, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas


Argument analysis: Justices grapple with meaning of final decision made after a hearing

In Monday’s oral argument in Smith v. Berryhill, the justices confronted a split among the courts of appeals as to whether an SSI disability claimant can obtain judicial review of the Social Security Appeals Council’s dismissal of his appeal as untimely under 42 U.S.C. sec. 405(g). Section 405(g) provides that “[a]ny individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, … may obtain review of such decision by a civil action.” ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Commission, Smith, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, U S Court of Appeals, Sotomayor, Kimberly


Seven reasons why failure is impossible for feminists

In 1906, an 86-year-old woman greeted a room full of suffragists who were still fighting for the right to vote. Susan B. Anthony made her last public statement: “But with all the help with people like we have in this room, failure is impossible.” She died a month later, and it took until 1920 for women to be finally able to vote. In this era of a president who is proud to be a pussy-grabber, it is understandable for feminists to still get discouraged. Yes, lawmakers are trying to restrict a woma...
Tags: Books, Obama, Congress, Senate, India, Alabama, House, Ruth Bader Ginsburg, Gillette, Kelly, Congressional, Ginsburg, Susan B Anthony, Alice Paul, Tarana Burke, Deb Haaland


Hold the cake! Fans honor Ginsburg’s birthday with exercise

WASHINGTON (AP) — Wearing workout gear and carrying water bottles, fans of Supreme Court Justice Ruth Bader Ginsburg celebrated her 86th birthday Friday by exercising in front of the high court. The court’s oldest justice has become known for her workouts, which include push-ups and planks. The justice has worked out on camera with “Late […]
Tags: News, Supreme Court, Entertainment, Washington, Ap, Nation, Ruth Bader Ginsburg, Ginsburg


Case study on the Ginsburg conspiracy theories in action

#WheresRuth. Even as the answer – working from home while recovering from cancer surgery – was covered by journalists and confirmed by the Supreme Court itself, this hashtag and similar ones populated Twitter in January and February. False allegations about Justice Ruth Bader Ginsburg’s status ranged from standard political rumors (e.g., that she planned to announce her retirement soon) to massive conspiracy theories (e.g., that she was in a medically induced coma or that her death was being hid...
Tags: Post, Featured, Nbc, Supreme Court, Law, Washington Post, Washington, Fox News, Ruth Bader Ginsburg, Collins, ABA Journal, Woods, James Woods, Miller, Ruth, Ginsberg


The Latest Target of Anti-Semitic Graffiti in New York? Ruth Bader Ginsburg

The Police Department said it was investigating a profane slur and swastika that were drawn on a photo of Justice Ginsburg on a subway poster.
Tags: New York, News, Subways, New York City, Bill, Anti-semitism, Ruth Bader Ginsburg, Graffiti, De Blasio, Police Department, Ginsburg, Metropolitan Transportation Authority, Ruth Bader, Police Department (NYC, Jews and Judaism


SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg


Supreme Court Requires Completed Copyright Registration Before Filing Suit–Fourth Estate Public Benefit v. Wall-Street (Guest Blog Post)

Guest Blog Post by Tyler Ochoa On March 4, 2019, the U.S. Supreme Court decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 139 S.Ct. ____, 2019 U.S. LEXIS 1730.  The case involved the interpretation of section 411(a) of the Copyright Act, which provides:  “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.”  The questi...
Tags: Supreme Court, Law, Congress, Court, Copyright, United States, Library Of Congress, Oracle, Slip, Beard, Copyright Office, U S Supreme Court, Roberts, Congressional, Ginsburg, Ninth Circuit


Songwriters Can't Sue Without Copyright Certificate says U.S. Supreme Court, RIAA Cries Foul

In a rare unanimous decision, the U.S. Supreme Court has ruled that applying for a copyright is not enough to so sue someone for copyright infringement.  It currently can take months to receive the formal certificate of registration. In the case between Fourth Estate Public Benefit Corporation and Wall-Street.com, the Court decided that copyright holders must wait for a registration certificate before filing a lawsuit. “This ruling allows administrative backlog to prejudice the timely ...
Tags: Music, Congress, Court, Riaa, Torrentfreak, Supremes, Copyright Office, Bruce Houghton, U S Supreme Court, Ginsburg, Fourth Estate Public Benefit Corporation, U S Supreme Court RIAA Cries Foul, Copyright Office Examiner


Songwiters Can't Sue Without Copyright Certificate says U.S. Supreme Court, RIAA Cries Foul

In a rare unanimous decision, the U.S. Supreme Court has ruled that applying for a copyright is not enough to so sue someone for copyright infringement.  It currently can take months to receive the formal certificate of registration. In the case between Fourth Estate Public Benefit Corporation and Wall-Street.com, the Court decided that copyright holders must wait for a registration certificate before filing a lawsuit. “This ruling allows administrative backlog to prejudice the timely ...
Tags: Music, Congress, Court, Riaa, Torrentfreak, Supremes, Copyright Office, Bruce Houghton, U S Supreme Court, Ginsburg, Fourth Estate Public Benefit Corporation, U S Supreme Court RIAA Cries Foul, Copyright Office Examiner


Opinion analysis: The doctrine that dare not speak its name

A laid-off railroad worker goes head to head with the world’s fourth-largest publicly traded corporation over a $3,765 payment that — the worker says — is owed to him because the corporation’s negligence caused him to fall through a snow-covered drainage grate and suffer a severe knee injury. The Trump administration backs the corporation, while a trial lawyers’ group with close ties to the Democratic Party comes in to support the worker. The Supreme Court sides with the corporation, but only ov...
Tags: Featured, Supreme Court, Law, Congress, United States, Social Security, Wisconsin, Berkshire Hathaway, Warren Buffett, Ruth Bader Ginsburg, Chevron, Justice Department, Irs, National Labor Relations Board, Bnsf, Trump


A “view” from the courtroom: Third Mondays

The title above is not a new Supreme Court podcast, to replace the recently shelved “First Mondays” (which we hold out hope will be unshelved someday). No, it refers to days like today, when the court meets on a Monday after hearing two weeks of arguments to issue orders and opinions. Such days often get a bit less attention than argument days, or opinion days later in the term when bigger decisions tend to be announced. But they have their charms. Today we will have three opinions from the benc...
Tags: England, Featured, Supreme Court, Law, Congress, Washington, Nasa, United States, Cbs, Mars, Ruth Bader Ginsburg, Oracle, Mother Teresa, Copyright Office, John Roberts, Sally


Opinion analysis: A copyright owner can’t sue for infringement before the Register has processed its copyright registration application

In Fourth Estate Public Benefit Corporation v. Wall-Street.com, a unanimous court held today that although the copyright statute confers exclusive rights upon the author of a work as soon as the work is created, a copyright owner may not file an infringement suit until the Register of Copyrights has acted on the owner’s application to register the copyright in the work. The result turned on the meaning of the phrase “registration of the copyright claim has been made” in Section 411(a) of the sta...
Tags: Featured, Supreme Court, Law, Congress, Wall Street, United States, Ruth Bader Ginsburg, Copyright Office, Ginsburg, U S Court of Appeals, Fourth Estate, Merits Cases, Courts of Appeals, Register, Fourth Estate Public Benefit Corporation, Moreover Congress


Ginsburg’s Recovery Entailed Churning Opinions Out Faster Than Colleagues

WASHINGTON (AP) — Now we know what Justice Ruth Bader Ginsburg was doing as she recuperated from lung cancer surgery: churning out opinions for the court at a faster clip than any of her younger colleagues. Eleven days before her 86th birthday, Ginsburg was in fine form as she announced two of the court’s three opinions on Monday. One of those was for a case argued in January, when Ginsburg was absent from the court while she recovered from the December surgery. Last month, on her second day b...
Tags: News, Supreme Court, Scotus, Washington, Ap, Ruth Bader Ginsburg, John Roberts, Ginsburg, Alito, Clarence Thomas Justice Samuel Alito, Summer Concepcion, AP story


Registration of Copyright Needed to Sue

Many years ago, as a young lawyer, I experienced the utter joy of helping a client dismiss a copyright infringement lawsuit against it, because the plaintiff’s claimed copyright hadn’t yet been registered with the Library of Congress. Seemed like an obvious error for the plaintiff to file when it did, since the federal copyright statute, according to my reading, required that registration be made (or denied) before a lawsuit could be brought, mere application was not enough. Over the last twenty...
Tags: Congress, Articles, Infringement, United States, Library Of Congress, Branding, Copyrights, Copyright Office, U S Supreme Court, Ginsburg, Steve Baird, Copyright Act, Law Suits, Fourth Estate Pub Benefit Corp


Ginsburg’s recovery prescription: Plenty of opinions

The justice's most recent health problems, her extended absence from the courtroom for the first time in her career and her age combined to fuel wild speculation online that Ginsburg was gravely ill or dead. Far from it.
Tags: News, Nation, Ginsburg, Nation & World Politics