Now displaying: March, 2016
Mar 29, 2016
James v. Boise. Supremacy of standard for attorneys fees for defendants in civil rights litigation. Does the U.S. Supreme Court rule apply, or can states set their own rules for lawsuits under 42 U.S.C. Sec. 1983? Answer: U.S. Supreme Court precedent applies. Amgen, Inc. v. Harris. Standards for suing fiduciaries employer stock purchase retirement plans.
Mar 22, 2016
Not Two Blockbusters Menominee Tribe of Wis. v. United States Examining the elements of equitable tolling for a federal statute of limitations. FERC v. Electric Power Supply Assn. Examining the authority of Federal Energy Regulatory Commission to demand reduction schemes that impact interstate wholesale power rates.
Mar 17, 2016
1. Is a challenge to the sufficiency of the evidence in a criminal case assessed based on the elements of the charges in the indictment, or on additional elements added in an erroneous jury instruction that benefited the defendant?
Mar 9, 2016
Application of the rule of the last antecedent to 18 U. S. C. §2252(a)(4), under which persons convicted of possession of child pornography are subject to a 10-year mandatory minimum sentence and an increased maximum sentence if they have “a prior conviction . . . under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.”
Mar 1, 2016
Does the rule announced in Miller v. Alabama, holding that juvenile murderers prosecuted as adults cannot be automatically sentenced to life in prison without the possibility of parole, apply retroactively?
©© 2015 Rich Orman