Tag: SCOTUS Notes

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This Amazing case arises out of a royalty contract for the use of a patent on a Spider-Man web-shooting toy.  A 6-3 majority adhered to 50-year-old decision, of dubious merits, prohibiting a patent holder from collecting contract royalties on a patented invention after expiration of the patent. The case is interesting in:  Preview Open

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SCOTUS Notes #5 – EEOC v. Abercrombie & Fitch

 

l43-samantha-elauf-150226085512_big-700x525cThe fifth case in this series is a religious discrimination case brought by the federal Equal Employment Opportunity Commission (EEOC) against retail clothier Abercrombie & Fitch (A&F). The case involved a Muslim woman, Samantha Elauf, who claimed that A&F declined to hire her because she wore a headscarf for religious reasons which would have violated A&F’s dress code. SCOTUS ruled in Elauf’s favor by an 8-1 margin.

The technical question presented to SCOTUS was narrow. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire an applicant because of his or her religion. The issue was whether an employer could violate this provision without “actual knowledge” of the applicant’s religion.

Background

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The fourth case is my series is not a football or basketball rivalry — rather, Kansas v. Nebraska (Case No. 126) is essentially a contract dispute between the states of Kansas and Nebraska under the Republican River Compact, which is an agreement between Kansas, Nebraska, and Colorado to apportion the waters of the Republican River […]

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SCOTUS Notes # 3: Comptroller of the Treasury of Maryland v. Wynne

 

shutterstock_103670531The third case in my series is a Constitutional decision under the “dormant Commerce Clause,” involving state income taxation called Comptroller of the Treasury of Maryland v. Wynne. It is interesting because: (1) it limits the right of states to tax individual income, and (2) it generated an unusual 5-4 split, dividing both the conservative and liberal justices 2-2, with Justice Kennedy casting the deciding vote.

I.  Issue

Whether the Commerce Clause of the federal Constitution prohibits a state from imposing an income tax system that results in a higher tax burden on out-of-state income.

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The second case in this series is a statutory construction case involving the claim deadlines set in the Federal Tort Claims Act (FTCA).  It is interesting as it generates a 5-4 split, and illustrates the distinction between a more liberal, permissive statutory interpretation and a more conservative, strict interpretation. This case is also interesting in […]

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This is the introductory post in a series that I’m going to call “SCOTUS Notes.”  My plan is to post brief summaries of relatively ordinary cases decided by the United States Supreme Court.  I hope that these will be of interest to others at Ricochet, and expect that some may generate some interesting discussion. Rodriguez […]

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