Menu
Supreme Court
Supreme Court Confidential
June 23, 2013
All rise and download the latest iOS version of PocketJustice. If it seems like years since the debut of PocketJustice (www.pocketjustice.com) hit the iTunes store and quickly positioned itself as a top-shelf mobile multimedia resource for constitutional law, that's because it was way back in early 2010 when the Oyez Project, now at Chicago-Kent College of Law, first released the jammin' app delivering audio of Supreme Court arguments to smartphones. PocketJustice presents audio from more than...
June 23, 2013
All rise and download the latest iOS version of PocketJustice. If it seems like years since the debut of PocketJustice (www.pocketjustice.com) hit the iTunes store and quickly positioned itself as a top-shelf mobile multimedia resource for constitutional law, that's because it was way back in early 2010 when the Oyez Project, now at Chicago-Kent College of Law, first released the jammin' app delivering audio of Supreme Court arguments to smartphones. PocketJustice presents audio from more than...
Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards
June 18, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative”...
June 18, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative”...
Supreme Court Affirms Liability of SIGA Technologies to PharmAthene Based on Failure to Negotiate in Good Faith
June 14, 2013
SIGA Technologies, Inc. v. PharmAthene, Inc., Del. Supr., No. 314, 2012 (May 24, 2013). This Delaware Supreme Court decision was the subject of a BloombergBusinessweek article on Sunday, May 26. The Court of Chancery’s opinion was highlighted on these pages at this link. Also, several other prior Chancery decisions in this case were also outlined on these pages. Issue Addressed: Is an agreement to negotiate in good faith in accordance with a term sheet an enforceable obligation? Short...
June 14, 2013
SIGA Technologies, Inc. v. PharmAthene, Inc., Del. Supr., No. 314, 2012 (May 24, 2013). This Delaware Supreme Court decision was the subject of a BloombergBusinessweek article on Sunday, May 26. The Court of Chancery’s opinion was highlighted on these pages at this link. Also, several other prior Chancery decisions in this case were also outlined on these pages. Issue Addressed: Is an agreement to negotiate in good faith in accordance with a term sheet an enforceable obligation? Short...
Indiana Supreme Court Rejects Exception to Mediation Confidentiality
May 28, 2013
In a strongly worded opinion in support of mediation confidentiality, the Indiana Supreme Court vacated the appellate court’s...
May 28, 2013
In a strongly worded opinion in support of mediation confidentiality, the Indiana Supreme Court vacated the appellate court’s...
Strategic Citations to Precedent on the U.S. Supreme Court
May 23, 2013
Common law evolves not only through the outcomes of cases but also through the reasoning and citations to precedent employed in judicial opinions. We focus on citations to precedent by the U.S. Supreme Court. We demonstrate how strategic interaction between justices during the Court's bargaining process affects citations to precedent in the Court's opinion. We find that the majority opinion writer relies more heavily on precedent when the Court's decision is accompanied by separate opinions. We also...
May 23, 2013
Common law evolves not only through the outcomes of cases but also through the reasoning and citations to precedent employed in judicial opinions. We focus on citations to precedent by the U.S. Supreme Court. We demonstrate how strategic interaction between justices during the Court's bargaining process affects citations to precedent in the Court's opinion. We find that the majority opinion writer relies more heavily on precedent when the Court's decision is accompanied by separate opinions. We also...
Arbitral Power to Rewrite the Contract: Has the Fifth Circuit Overextended Judicial Deference?
May 18, 2013
Does an arbitrator exceed her powers when, as a remedy for fraud in the inducement of a limited-duration intellectual property license, she modifies the contract “as a matter of law” to provide the licensor with a perpetual royalty-free license? The U.S. Fifth Circuit Court of Appeals, reversing a Texas district court’s vacatur order, held that the arbitrator’s award should stand. (Timegate Studios, Inc. v. Southpeak Interactive, L.L.C., 2013 WL 1437710 (5th Cir. April 9, 2013)). Even...
May 18, 2013
Does an arbitrator exceed her powers when, as a remedy for fraud in the inducement of a limited-duration intellectual property license, she modifies the contract “as a matter of law” to provide the licensor with a perpetual royalty-free license? The U.S. Fifth Circuit Court of Appeals, reversing a Texas district court’s vacatur order, held that the arbitrator’s award should stand. (Timegate Studios, Inc. v. Southpeak Interactive, L.L.C., 2013 WL 1437710 (5th Cir. April 9, 2013)). Even...
Supreme Court Confidential
May 16, 2013
All rise and download the latest iOS update of PocketJustice http://at.law.com/LTN136x . If it seems like years since the maiden version of PocketJustice hit the iTunes store and quickly positioned itself as a top-shelf mobile multimedia resource for constitutional law, that's because it was way back in early 2010 when the Oyez Project, now at Chicago-Kent College of Law, first released the jammin' app delivering audio of Supreme Court arguments to smartphones. PocketJustice presents audio...
May 16, 2013
All rise and download the latest iOS update of PocketJustice http://at.law.com/LTN136x . If it seems like years since the maiden version of PocketJustice hit the iTunes store and quickly positioned itself as a top-shelf mobile multimedia resource for constitutional law, that's because it was way back in early 2010 when the Oyez Project, now at Chicago-Kent College of Law, first released the jammin' app delivering audio of Supreme Court arguments to smartphones. PocketJustice presents audio...
Reflections on the Deformation of Federal Procedure
May 13, 2013
When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years. However, the last quarter century has seen a dramatic contrary shift in the way the federal courts, especially the U.S. Supreme Court, have interpreted...
May 13, 2013
When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years. However, the last quarter century has seen a dramatic contrary shift in the way the federal courts, especially the U.S. Supreme Court, have interpreted...
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
May 10, 2013
Ronald Aronovsky, Professor of Law at Southwestern Law School has published an interesting law review article entitled, The Supreme Court and the Future of Arbitration: Towards a Preemptive Federal Arbitration Procedural Paradigm?, 42 Southwestern Law Review, Number 1, Spring 2013. In his article, Professor Aronovsky examines a number of recent Supreme Court decisions related to the preemptive power of the Federal Arbitration Act. Here is a portion of the introduction: Adopted by Congress...
May 10, 2013
Ronald Aronovsky, Professor of Law at Southwestern Law School has published an interesting law review article entitled, The Supreme Court and the Future of Arbitration: Towards a Preemptive Federal Arbitration Procedural Paradigm?, 42 Southwestern Law Review, Number 1, Spring 2013. In his article, Professor Aronovsky examines a number of recent Supreme Court decisions related to the preemptive power of the Federal Arbitration Act. Here is a portion of the introduction: Adopted by Congress...
The Citation and Depreciation of U.S. Supreme Court Precedent
May 10, 2013
An enduring piece of legal wisdom contends that the value of court opinions depreciates as they age and a variety of factors lead some cases to depreciate faster than others. We measure depreciation as the change in the frequency with which Supreme Court cases are cited as a function of their age. We then examine whether the rate of depreciation varies systematically based on ideological considerations, opinion characteristics, and citation history. Our results indicate, first, that precedents depreciate...
May 10, 2013
An enduring piece of legal wisdom contends that the value of court opinions depreciates as they age and a variety of factors lead some cases to depreciate faster than others. We measure depreciation as the change in the frequency with which Supreme Court cases are cited as a function of their age. We then examine whether the rate of depreciation varies systematically based on ideological considerations, opinion characteristics, and citation history. Our results indicate, first, that precedents depreciate...
