Cockle Law Blog

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Supreme Court Grants Ten Petitions

The Supreme Court issued an order list today granting review on ten cert. petitions. The so-called “long conference” was heavy with cases involving criminal law. Six petitions covering a range of issues from the Miranda rule to terrorism were granted. The order list can be viewed here The long conference also advanced a case testing [...]

Circuits Split over the Interpretation of the Federal Narcotics Statute

A petition for writ of certiorari filed in Robinson v. United States, No. 08-1374, asks the Supreme Court to clear up a circuit split over the meaning of a federal narcotics statutory provision. The petition and reply brief can be viewed here and here. The Solicitor General’s brief in opposition can be viewed here. The [...]

Noteworthy Postings of the Week

· Tony Mauro at The BLT: a post on Justice Sotomayor’s decision to join the cert pool. · Howard Bashman at HowAppealing: a post discussing an important environmental decision from the Second Circuit Court of Appeals. · Eugene Volokh of The Volokh Conspiracy: a post discussing whether and to what extent corporations possess constitutional rights. [...]

Filing a Reply Brief on the Petition Stage in the U.S. Supreme Court

There is often a haze of confusion regarding the timing and procedure for filing a reply brief on the petition stage. The Supreme Court’s Rules on this subject are somewhat vague on the timing and provide little guidance on the procedure for printing and filing reply briefs. This post aims to clear up any confusion [...]

The Continuing Viability of Manifest Disregard on Arbitration Review

In a case implicating judicial review of arbitration awards under the Federal Arbitration Act (“FAA”), a Michigan company has petitioned the Supreme Court to settle the question of whether the doctrine of manifest disregard of law remains viable after the Court’s ruling in Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. __, 128 S. [...]

October and November Supreme Court Argument Calendars

The Court’s argument calendar is set for the first two months of the 2009 Term. In October, the Court’s schedule is heavy with criminal issues which make up six of the thirteen cases. And another case (Alvarez v. Smith, No. 08-351) presents a civil forfeiture issue that mainly arises during criminal proceedings. In November, the [...]

A Cockle-Printed Petition Is A Strong Candidate For Review

There is a strong prospect of Supreme Court review in Heneford v. Castaneda, et al. (No. 08-1547) according to an article posted today in SCOTUS blog. Given that there is a direct conflict among federal courts of appeals on the question of immunity for U.S. Public Health Service personnel, and because the Solicitor General also [...]
Disclaimer

Articles posted in the Cockle Blog are for informational purposes only. Nothing in the Cockle Blog should be taken for legal advice. In fact, Cockle Blog articles are not a substitute for proper legal research conducted by licensed attorneys.

Cockle Blog will occasionally provide opinions on certain cases and Court procedures. These opinions should be viewed with the recognition that no one can predict with certainty how the Supreme Court will rule on particular cases. Any reliance on articles contained in Cockle Blog must be done at one's own risk.