Litigation

Five Issues in Front of the Justices

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This week, the justices of the Supreme Court are convening for their final private conference of the year, where they will deliberate on a series of significant legal issues that could have far-reaching implications. Among the topics under consideration are matters related to the Second Amendment, climate change litigation, and the intersection of government authority with personal rights. This overview will provide insights into five notable issues currently facing the court. Second Amendment Protections The Second Amendment remains a focal point of legal discourse this term, with multiple cases slated for review. The court will … Read more

Justices seem receptive of private suits against investment companies

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In a recent hearing regarding FS Credit Opportunities Corp. v. Saba Capital Master Fund, the Supreme Court justices exhibited a surprising openness to allowing private parties to sue investment companies under the Investment Company Act of 1940. This case marks a significant moment as it challenges the traditional skepticism the Court has shown towards implied rights of action in previous decades. The justices’ consideration of the statute’s provisions suggests a potential shift in the legal landscape governing investment companies and their accountability. Arguments Presented Before the Court The arguments presented by Shay Dvoretzky, representing the … Read more

Text and History, Not History and Tradition

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The interpretation of constitutional law often hinges on the principles of textualism and historical context. In debates surrounding the Second Amendment, a prevalent notion is that the Supreme Court employs a “history and tradition” test to adjudicate claims. However, this characterization can obscure the essential role of the text itself in constitutional interpretation. This discussion aims to clarify the distinction between relying solely on tradition versus a more balanced approach that incorporates both text and history. The Misconception of “History and Tradition” in Constitutional Interpretation Many legal scholars argue that the Supreme Court’s reliance on … Read more

Court to Hear Cases on Arbitration and Criminal Offenses

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The Supreme Court has recently agreed to hear several significant cases that delve into the complexities of arbitration and jurisdiction in criminal law. Among these cases, the court will address critical questions surrounding the authority of federal courts in arbitration matters, as well as the implications of venue in criminal prosecutions. These cases could set important precedents affecting both arbitration practices and criminal justice. Key Cases Under Review One of the most notable cases is Jules v. Andre Balazs Properties, which examines whether a federal court that initially exercises jurisdiction and stays a case pending … Read more