Features

SCOTUS Hears Arguments on Copyright Registration Approvals
While hearing January 2019 oral arguments before it, the U.S. Supreme Court sounded inclined to resolve a circuit courts' split over copyright registration procedures against copyright holders.
Features

The Supreme Court's Criminal Law Decisions in 2018
<b><i>Part Two of a Two-Part Article</b></i><p>The U.S. Supreme Court last year continued to express concern about government overreach, and otherwise handed down decisions favorable to defendants. Although the Court rendered only one major criminal law decision in that term, many other cases it decided hold important lessons for defense counsel.
Features

Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act
In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,
Features

The Supreme Court's Criminal Law Decisions in 2018
<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.
Features

Online Extra: Just How Far Will the Supreme Court's 'Carpenter' Opinion Reverberate?
The ruling restricting the collection of historical cell site location information (CSLI) without a warrant aims to be narrow in scope, but legal experts argue it may have repercussions for years to come.
Features

Sending Out an SAS: Analyzing the <i>SAS Institute Inc. v. Iancu</i> Decision
In a 5-4 decision, with four justices dissenting, the U.S. Supreme Court struck down the Patent Trial and Appeal Board's practice of instituting review on only a subset of an <i>inter partes</i> review (IPR) petitioner's validity challenges.
Features

Supreme Court Gives <i>Inter Partes</i> Review the Green Light
<b><i>Oil States Energy Services v. Greene's Energy Group</b></i><p>Is <i>inter partes</i> review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in <i>Oil States Energy Services v. Greene's Energy Group</i> and the U.S. Supreme Court answered in the affirmative.
Features

When Is a Bid or Offer a 'Spoof'?
<b><i>U.S. Supreme Court Denial of Cert Leaves Statute Vague</i></b><p>This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.
Features

Addressing Disproportionate Forfeitures: Refining the <i>Bajakajian</i> Analysis
<b><i>Part Two of a Two-Part Article</b></i><p>In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — <i>United States v. Bajakajian</i> — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.
Features

'Breaking News:' U.S. Supreme Court Buys Into Sports Betting in NJ and Beyond
The justices in <i>Murphy v. National Collegiate Athletic Association</i> found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.
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