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A Washington send-off for Sandra Day O’Connor

The late Justice Sandra Day O’Connor was celebrated at a memorial service Tuesday as an American pioneer whose mantra when facing legal decisions and life challenges was “get it done.”

“Sandra Day O’Connor, the daughter of the American west, was a pioneer in her own right, breaking down the barriers in the political world and the nation’s conscience,” President Joe Biden said during a two-hour service at Washington National Cathedral. “To her, the Supreme Court was the bedrock, the … Read the rest

Supreme Court

Justices won’t block Illinois ban on assault-style weapons

The Supreme Court on Thursday afternoon declined to temporarily block an Illinois law that bans the purchase, sale, possession, and manufacture of assault-style weapons. In a brief unsigned order, without any explanation, the justices denied a request to intervene after two lower courts rejected requests to put the law on hold. There were no recorded dissents from Thursday’s order.

The law at the center of the case is known as the Protect Illinois Communities Act (as well as a … Read the rest

Civil Law

Del. Supreme Court: Fraudulent Transfer Claim Not a “Securities Claim”

Public company D&O insurance policies provide entity coverage (that is, insurance for the benefit of the insured organization) only for “Securities Claims.” But what is a “Securities Claim”? That is the question that Delaware’s courts have grappled with in a long-running dispute between the telecommunications company Verizon and its insurers.

The Delaware Superior Court had held in the ongoing dispute that a litigation trustee’s state law fraudulent transfer claims against Verizon were derivative claims and therefore qualified as a Securities … Read the rest

Supreme Court

The morning read for Friday, December 15

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Inside the exclusive world of Supreme Court clerks driving America’s legal controversies (Joan Biskupic, CNN)
What Sandra Day O’Connor Got Wrong (Linda Greenhouse, The New York Times)
Is Compelled Decryption Heading to the Supreme Court? (Orin Kerr, The Volokh Conspiracy)
Behind the Scenes at the Dismantling of Roe v. Wade (Jodi Kantor & Adam

… Read the rest

Circuit Courts

Federal Judges Bring Civil Discourse Program to Law Students

Court proceedings put a premium on decorum and civil discourse, but the skills and dispositions that set the stage start long before the attorneys and parties enter the courtroom. That is why federal judges and attorneys collaborated with Duke Law School to bring the Judiciary’s Civil Discourse and Difficult Decisions program to law students for the first time.
Judiciary News – United States Courts… Read the rest

Civil Law

Prepared Liquidation – Pre-Pack Sales Under Polish Bankruptcy Law

Amid the current market uncertainties, distressed asset sales are likely to rise. International investors are looking for efficient solutions, preferably ones that reflect solutions in their home jurisdictions. One popular mechanism is the use of pre-pack sales. A pre-pack sale manages the adverse impact of insolvency proceedings on the distressed company’s business, while reducing the time and cost of such proceedings, and offering greater asset realisation to be distributed among creditors.

Under Polish law, a prepared liquidation, or a “pre-pack”, … Read the rest

Supreme Court

Court to weigh in on scope of law used in Jan. 6 prosecutions

Two days after Special Counsel Jack Smith asked the justices to decide quickly whether former President Donald Trump can face criminal charges for conspiring to overturn the results of the 2020 elections, the Supreme Court agreed to hear a case that could affect the charges against Trump even if the court ultimately rules that he is not immune from prosecution. The justices on Wednesday agreed to weigh in on the use of a federal law – also at issue … Read the rest

Supreme Court

Justice Sandra Day O’Connor protected us from the extremes

This tribute is part of a series on the life and work of the late Justice Sandra Day O’Connor. Marci A. Hamilton is Professor of Practice in Political Science and Fox Pavilion Leadership Senior Non-Resident Fellow in the Program for Research on Religion, University of Pennsylvania.

We could use a Justice Sandra Day O’Connor on the United States Supreme Court right now. Her judgment and common sense protected the country from the extremes that have polarized this striving democracy. That polarization … Read the rest