Judiciary.org - Part 69

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

Civil Law

US court says no distinction between managerial and non-managerial duties of directors

On 31 August 2023 the Supreme Court of Maryland held (overruling a previous decision) that there is no distinction between the ‘managerial’ and ‘non-managerial’ duties of directors of a Maryland corporation and said that the “sole source of the duties of the director is found in section 2-401.1 of the Maryland General Corporation Law (MGCL) which places the powers of the corporation in the hands of the directors.

The case involved a preliminary dispute regarding the framing of the causes of action … Read the rest

Supreme Court

Court grants review in federal employee’s filing deadlines case

The Supreme Court on Friday afternoon agreed to take up another case exploring the distinction between deadlines that are jurisdictional – so that courts cannot hear a case if they are not met – and those that are instead simply a limitations period that can be waived or extended.

The justices granted review in Harrow v. Department of Defense, the case of a federal government employee who challenged his 2013 furlough. The case was the only grant on a … Read the rest

Civil Law

Business and Human Rights – could the UK adopt mandatory human rights due diligence?

On 28 November 2023, Baroness Young of Hornsey introduced the Commercial Organisations and Public Authorities Duty (Human Rights and Environment) Bill (the “Bill”) to the House of Lords. If passed, the Bill would introduce mandatory human rights and environmental due diligence (“HREDD”) into UK law.

The description of “reasonable” HREDD set out in the Bill is consistent with the standards set out in the UN Guiding Principles and existing and draft legislation in other jurisdictions (including … Read the rest

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