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Herrera v. Wyoming: A Cautionary Encounter with Careless Repudiation

Daniel B. Rice and Jack Boeglin The law of repudiating precedent is hopelessly muddled.  The Supreme Court often simply overrules decisions whose reasoning it chooses to disavow.  But it sometimes stops just short of doing so—repudiating the principle underlying a case without explicitly overruling the case itself.  When those enfeebled decisions are invoked in later litigation, how should the Court understand their residual force?  Have they been “effectively” overruled, overruled sub silent...
Tags: London, Minnesota, Justice, Supreme Court, Court, United States, Wyoming, Branding, Guest Blogger, Ward, Covington, Breyer, Kagan, Mille Lacs, Kavanaugh, Herrera

OT2018 #14: “Decent Take”

Dan Epps and Leah Litman are joined by Danielle D’Onfro to break down the first week of the January sitting. We catch you up on everything the Supreme Court has been up to — including Justice Brett Kavanaugh’s very first majority opinion — before recapping oral arguments in Herrera v. Wyoming, Obduskey v. McCarthy & Holthus LLP and Franchise Tax Board v. Hyatt. The post OT2018 #14: “Decent Take” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Hyatt, Herrera, Leah Litman, Brett Kavanaugh, Tax Board, Dan Epps, First Mondays, Danielle D Onfro, McCarthy Holthus LLP, Wyoming Obduskey

Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters

‘Underrated’ Ander Herrera singled out for special praise following Tottenham showing

Manchester United’s supporters have flooded to Twitter this evening to lavish praise on Ander Herrera, following the Spanish midfielder’s superb showing versus Tottenham. Spurs vs Manchester United The Red Devils travelled to Wembley for a Premier League clash with Spurs, in a meeting of two sides in fine form. Visitors United had picked up 5 straight wins since Jose Mourinho’s sacking and subsequent replacing by Ole Gunnar Solskjaer last month, with the Manchester giants having showcased the ...
Tags: Twitter, Sport, Soccer, Premier League, Manchester United, Manchester, Spurs, Tottenham, Wembley, Jose Mourinho, David De Gea, Man United, United, Red Devils, Ander Herrera, Paul Pogba

SodaStream U.S. Marketing Chief Departs After 4 Months as PepsiCo Completes $3.2 Billion Acquisition

SodaStream, the Israel-based home carbonation company that made major waves in the soda industry before being acquired by PepsiCo in December for $3.2 billion, recently parted ways with its top U.S. marketing executive, Maurice Herrera. The shakeup came only four months after Herrera arrived from Weight Watchers, where he spent more than three years as...
Tags: Israel, Advertising, Pepsico, Herrera, Leadership & Talent, SodaStream U S Marketing, Maurice Herrera

Thursday round-up

Richard Re has this blog’s analysis of yesterday’s argument in Franchise Tax Board of California v. Hyatt, in which the justices considered whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Mark Walsh provides a first-hand view of the argument for this blog. For The Washington Post, Robert Barnes reports that during the argument, “two of the court’s most experienced practitioners recounted the founding of the union and the framing ...
Tags: Supreme Court, Law, Indiana, Wyoming, Tennessee, The Washington Post, Hyatt, Round-up, Robert Barnes, Blair, Adam Liptak, Jess Bravin, Brent Kendall, Henry Schein Inc, Mark Walsh, Jessica Mason Pieklo

Argument analysis: Justices grapple with preclusion and “occupation” in Crow Tribe treaty case

On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians, and the meaning of...
Tags: Featured, Minnesota, Supreme Court, Law, Wyoming, Sonia Sotomayor, Ward, John Roberts, Roberts, Liu, Randy, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Mille Lacs

Athletic Bilbao confirm interest in Man United’s Ander Herrera

Herrera’s time at Man United Ander Herrera joined Manchester United in July of 2014 for a fee of around £32.4m. Since moving to Old Trafford, Herrera has racked up 177 games for Manchester United. In those 177 games, Herrera has scored 19 and assisted seven. The Spaniard has also helped Man United win the FA Cup, League Cup, Europa League and Community Shield. Herrera is now 29 years of age and his current deal with Manchester United is set to run out in July of this year. Granted, Herrera has ...
Tags: Sport, Soccer, Premier League, Manchester United, Dubai, Cardiff City, Man United, Athletic Bilbao, United, Ander Herrera, Ole Gunnar Solskjaer, Bilbao, Fred, Herrera, Cardiff City Stadium, Gunnar Solskjaer

Argument transcripts

The transcript of oral argument in Herrera v. Wyoming is available on the Supreme Court’s website; the transcript in Fourth Estate Public Benefit Corp. v. is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Wyoming, Herrera, Merits Cases, Fourth Estate Public Benefit Corp

Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest. Gregory Ablavsky previewed the case for this blog. Cecilia Bruni and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. At Bloomberg Law, Jordan Rubin reports that this is “the third high court clash this term asking the justices to parse an old treaty’s modern e...
Tags: Supreme Court, Law, Ap, United States, Wyoming, Missouri, House Of Representatives, Davis, Sudan, Usa Today, Donald Trump, Ruth Bader Ginsburg, Doj, The Washington Post, Cornell, Trump

Manchester United's Herrera a target for Athletic Bilbao - director

The FC guys believe Manchester United and Arsenal will put it all on the line when they face off in the FA Cup fourth round. The FC crew remain unsure that Ole Gunnar Solskaer is the right long-term appointment for Manchester United, even if he sees out his interim role successfully. New Athletic Bilbao sporting director Rafa Alkorta has said his club are keen on bringing back Manchester United midfielder Ander Herrera and Tottenham forward Fernando Llorente -- as well as othe...
Tags: Football, Sport, Story, Manchester United, Tottenham, Real Madrid, Transfers, Athletic Bilbao, Ander Herrera, Fernando Llorente, Fc, English Premier League, Athletic, Herrera, Manchester United and Arsenal, Spanish Primera Division

Monday round-up

This morning the Supreme Court kicks off the January argument session with oral arguments in two cases. The first is Merck Sharp & Dohme v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs. Elizabeth McCuskey previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview for Cornell Law School’s Legal Information Institute. The second case today is Obduskey v....
Tags: Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Massachusetts, Bloomberg, Gop, Wyoming, North Carolina, Ruth Bader Ginsburg, Justice Department, Cornell, Trump, Round-up

This week at the court

The Supreme Court will release additional orders from the January 4 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m. On Monday, the justices hear oral argument in Merck Sharp & Dohme Corp. v. Albrecht and Obduskey v. McCarthy & Holthus LLP. On Tuesday, the justices hear oral argument in Herrera v. Wyoming and Fourth Estate Public Benefit Corp. v. On Wednesday, the justices hear oral argument in Franchise Tax Board of California v. Hyatt....
Tags: Supreme Court, Law, Wyoming, Hyatt, Albrecht, Herrera, This Week at the Court, Franchise Tax Board of California, Merck Sharp Dohme Corp, Fourth Estate Public Benefit Corp, Obduskey, McCarthy Holthus LLP

Herrera not thinking about top four despite Man Utd charge

Newcastle (United Kingdom) (AFP) – Ander Herrera said he is not thinking about a top-four finish even after Manchester United racked up a fourth straight win in the Premier League to edge closer to the... Visit for the rest of the story.
Tags: Sport, Soccer, Premier League, Manchester United, Man Utd, Ander Herrera, Afp, Herrera, Newcastle United Kingdom AFP

Herrera says Solskjaer tactics free “magic” Pogba

Paul Pogba has come alive since Manchester United let Jose Mourinho and instituted Ole Gunnar Solskjaer as interim manager, scoring four goals in four matches in a collection of spectacular performances. Fellow Manchester United midfielder Ander Herrera has hinted that Pogba’s explosion under Solskjaer is due to the new boss’s tactics that specifically revolve around the Frenchman, with the other midfielders playing a supporting role. “I think Nemanja Matic and me, and the other players, we ha...
Tags: News, Manchester United, Jose Mourinho, Ander Herrera, Paul Pogba, Ole Gunnar Solskjaer, Nemanja Matic, Pogba, Herrera, Solskjaer

Argument preview: Tribes, treaties and animals return to the Supreme Court

In January 2014, Clayvin Herrera, a member of the Apsáalooke Nation, also known as the Crow Tribe, went hunting on the nation’s reservation in Montana. He and his companions successfully bagged three elk, but their pursuit had taken them outside the reservation borders into the Bighorn National Forest in Wyoming. Wyoming authorities subsequently charged Herrera with violating state hunting laws. Wyoming’s prosecution has led the Supreme Court to venture yet again into the interpretation of tri...
Tags: Featured, Minnesota, Supreme Court, Law, Montana, Washington, West, United States, Wyoming, Pacific Northwest, Murphy, Indians, Carpenter, Mille Lacs, Crow, Herrera

Paul Pogba’s hat-trick vs Cardiff & Jesse Lingard dropped one key word after the Man United win

Cardiff 1 – Manchester United 5 Ole Gunnar Solskjaer couldn’t have had a better first match in charge of Manchester United at Cardiff. The swagger was back as Man United scored five times in a league match for the first time this season. A Marcus Rashford free-kick gave Man United a third minute lead in Wales. Ander Herrera doubled Man United’s lead with a deflected shot from distance on the half hour. Victor Camarasa’s penalty gave Cardiff hope, however that was quickly snuffed out by the goal...
Tags: Sport, Soccer, Premier League, Manchester United, Liverpool, Bt Sport, Jose Mourinho, Cardiff, Man United, United, Paul Pogba, Mohamed Salah, Jesse Lingard, Mourinho, Pogba, FPL

Herrera's deflected shot doubles Man United's lead

English Premier League: Ander Herrera (29') Cardiff City 0-2 Man United
Tags: Media, Highlights, Football, Sport, Xbox 360, Manchester United, Cardiff City, United, Ander Herrera, Premier League Highlights, English Premier League, Herrera

Art Review: At the Met Museum, an Abstract Show That Falls Short of Epic

An exhibition meant to show off the Metropolitan Museum of Art’s collection of art from the 1940s to the present day only points to gaps and a lack of imagination.
Tags: Art, News, Jackson, Mitchell, Murray, Metropolitan Museum Of Art, Carmen, Helen, Thomas, Elizabeth, Mark, Jean, Rothko, Herrera, Cy, Isamu

Martin Atkinson accused of a Liverpool bias vs Man United by Duncan Castles

Liverpool beat Man United 3-1 Liverpool were thoroughly deserving of their win over Manchester United on Sunday. Jurgen Klopp’s side were the far better team at Anfield in the 3-1 victory. Sadio Mane got the Reds off to a flyer in the first half, while Xherdan Shaqiri came off the bench to score two crucial second half goals. Jesse Lingard scored Man United’s goal in the first half. Duncan Castles on Liverpool vs Manchester United Journalist Duncan Castles is often labelled as a mouthpiece fo...
Tags: Sport, Soccer, Premier League, Manchester United, Liverpool, Jose Mourinho, Anfield, Jurgen Klopp, Man United, Gary Neville, United, Ander Herrera, Ashley Young, Xherdan Shaqiri, Mohamed Salah, Roberto Firmino

Man police say waved large blade outside Sherman Oaks synagogue is released from jail after arrest for probation violation

Los Angeles detectives arrested a man they said was seen wearing a headscarf and waving what appeared to be a long blade in front of a Sherman Oaks synagogue on Friday, Dec. 14. The detectives took 49-year-old David Brener into custody on a probation violation in Van Nuys at around 11 p.m., said Officer Rosario Herrera, a spokeswoman for the Los Angeles Police Department. The arrest came hours after photos were posted to Facebook of a man holding what a witness said was a hatchet or a sword whil...
Tags: Facebook, News, Police, Los Angeles, Sport, Soccer, Arrest, Local News, Lapd, Los Angeles Police Department, Chabad, Herrera, Sherman Oaks, Van Nuys, North Hollywood, Brener

Liverpool vs Man United: Jose Mourinho’s tactics will be based around two key players

Liverpool vs Man United There’s a huge match in the Premier League on Sunday as Liverpool take on Manchester United. Liverpool come into the match in first place in the division. Jurgen Klopp’s men have one point more than Man City after 16 matches this season. As for United, they seem out of the title race sitting sixth in the league. Man United have 26 points on the board, which is already eight points less than Arsenal and Chelsea. Get notified! About the best football betting tips ...
Tags: Sport, Soccer, Chelsea, Premier League, Liverpool, Marouane Fellaini, Jose Mourinho, David De Gea, Anfield, Jurgen Klopp, Times, Romelu Lukaku, Man City, Klopp, Man United, United

Manchester United contract talks with Ander Herrera progressing well - sources

Craig Burley and Adrian Healy breakdown Manchester United's thrashing of Fulham and Jose Mourinho's cryptic comments after the match. Manchester United's contract talks with Ander Herrera are progressing well, sources have told ESPN FC, with the midfielder set to extend his stay at Old Trafford. United triggered a one-year extension to the 29-year-old's contract last season but, with that deal set to expire on June 30, he will be able to walk away for nothing if fresh terms ...
Tags: Football, Sport, Story, Manchester United, Jose Mourinho, Fulham, Ander Herrera, ESPN FC, Craig Burley, Old Trafford United, Herrera, Adrian Healy

Conspiracy theory: The decisions that prove the FA are against Arsenal

Arsenal supporters have taken to social media to share their anger towards recent refereeing decisions. The Gunners have been on the receiving end of a number of controversial decisions over the past week. This afternoon against Huddersfield Town they have experienced a number of other poor calls, including a goal being wrongly disallowed. Arsenal vs the FA? LONDON, ENGLAND – DECEMBER 02: Rob Holding of Arsenal battles for possession with Heung-Min Son of Tottenham Hotspur leading to Tottenha...
Tags: Sport, Bbc, David, Soccer, Premier League, Tottenham Hotspur, Tottenham, Arsenal, Arsene Wenger, Huddersfield, Emirates Stadium, Arsenal Fc, Ahmed, north London, Huddersfield Town, Anthony Martial

Ander Herrera set to sign new Man United contract- Times

Herrera wants United stay According to The Times, Ander Herrera is set to extend his contract with Manchester United. Herrera’s current deal runs up until July of 2019, meaning the Spanaird could leave United on a free this summer. He could also sing a pre-contract deal with a foreign club come January of 2019. However, United and Herrera look to be edging closer to a new deal. As per the report from The Times, United opened negotiations with Herrera about a new deal several months ago. But tal...
Tags: Sport, Soccer, Premier League, Manchester United, Old Trafford, Jose Mourinho, Claudio Ranieri, Fulham, Times, Man United, United, Ander Herrera, Herrera, MANCHESTER England, However United, UEFA Champions League Group

Arsenal fans furious with Man United’s offside equaliser

Manchester United vs Arsenal Arsenal travelled to Manchester United on Wednesday evening as they looked to extend their unbeaten run. Arsenal lost their opening two games of the season vs Manchester City and Chelsea. However, they have since gone unbeaten in their following 19 games across all competitions. With Arsenal only 4th on goal difference, a win vs Man United was of paramount importance if they wished to stay in a Champions League spot. As for Man United, they started the day in 7th pl...
Tags: Sport, Soccer, Chelsea, Premier League, Manchester United, Manchester City, Tottenham, Arsenal, Alex Oxlade Chamberlain, Afc Bournemouth, Man United, Sam, United, Arsenal Fc, Ander Herrera, Shkodran Mustafi

Herrera's back-heel brings Man United level

English Premier League: Ander Herrera (39') Southampton 2-2 Man United
Tags: Media, Highlights, Football, Sport, Xbox 360, Manchester United, Southampton, Latest, United, Ander Herrera, Premier League Highlights, English Premier League, Herrera

Rain storms in Southern California lead to worries in wildfire burn areas, some evacuations ordered in Riverside County

As rain begins to fall in Southern California from the latest storm, towns and counties prepared for the imminent problems it could cause, especially in areas previously affected by wildfires. Amid worries of mudslides and debris flow, parts of Riverside County where the Holy fire had burned in August were placed under mandatory evacuation Wednesday afternoon. The rain also prompted Orange County officials to issue voluntary evacuations for communities that may receive mud and debris flowing fro...
Tags: Weather, National Weather Service, News, Los Angeles, Sport, Soccer, Wildfires, San Diego, Watson, Lincoln, CalFire, Local News, Orange County, Orange, Riverside County, Usgs

Justices release January calendar

The Supreme Court will ring in 2019 with a nearly full argument calendar. Today the justices released the calendar for the January 2019 sitting, which begins on January 7. The justices will hear oral argument in five cases (two per day on Monday and Tuesday, followed by one on Wednesday) during the first week of the sitting; during the second week, they will hear oral argument in six cases, two per day from Monday through Wednesday. One of the last cases of the sitting will be familiar to eight ...
Tags: Supreme Court, Law, United States, Food And Drug Administration, Medicare, Jackson, Blair, Howe, Department of Health and Human Services, Tennessee Valley Authority, Kavanaugh, Herrera, Thacker, Goldstein Russell, Rimini Street Inc, Merits Cases

A San Francisco politician is trying to get Mark Zuckerberg's name removed form the hospital he donated $75M to (FB)

San Francisco supervisor Aaron Peskin has asked the city attorney to look into getting Mark Zuckerberg's name removed from a hospital he donated $75 million to. It's the first time a sitting San Francisco politician has called for the removal of the Zuckerberg name, and points to the increasing toxicity of the Facebook brand. Earlier this year, nurses at the Zuckerberg San Francisco General Hospital protested being attached to the CEO's name. A San Francisco politician is pushing to have Mark...
Tags: Amazon, Facebook, Mark Zuckerberg, San Francisco, City, Trends, New York Times, Silicon Valley, SEIU, Signal, Sheryl Sandberg, Wells Fargo, Zuckerberg, Priscilla Chan, Lee, General Hospital