Judiciary.org - Part 71

D.C.–area magnet school at center of continuing fight over affirmative action

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In June, the Supreme Court issued a landmark ruling that struck down the admissions programs at Harvard and the University of North Carolina. By a vote of 6-3, the justices held that the programs violated the 14th Amendment’s equal protection clause because they explicitly took an applicant’s race into account … Read the rest

Civil Law

Important Changes to NY’s Health Care Proxy Law

As of November 2023, having a valid health care proxy became easier for New Yorkers. A health care proxy allows a competent adult to appoint an agent to make health care choices for them if they lose the ability to make those decisions for themselves. Two adults who are not appointed in the document must witness the signing of the health care proxy for it to be valid.[1]

The use of remote witnessing with audio-visual technology was permitted during the … Read the rest

Supreme Court

Court turns down request for relief in Arizona leadership’s voting law dispute

The Supreme Court on Monday afternoon denied a request from the leaders of the Arizona legislature to put on hold an order that would require them to be deposed about the legislature’s enactment of voting laws that make it more difficult to register to vote. In a brief unsigned order without any noted dissents, the justices turned down an emergency filing from Ben Toma, the speaker of the Arizona House of Representatives, and Warren Petersen, the president of the … Read the rest

Civil Law

Will Delaware’s Embrace of an “ESG Agenda” Cause Corporations to Flee?

By now, readers are well aware that ESG has become a politically divisive issue. In a series of variations on this theme, two conservative legal commentators, writing in a Wall Street Journal op-ed column, argue that ESG is a trojan horse for progressive political objectives that, if Delaware’s courts continue their current course, could cost the state its privileged position as the preferred jurisdiction for corporate organization. The November 25, 2023 Journal op-ed, which was written by former U.S. Attorney … Read the rest

Supreme Court

The new SCOTUS Code of Conduct

Charles Gardner Geyh is Distinguished Professor and John F. Kimberling Chair in Law, Indiana University Maurer School of Law.

There are things to like about the Code of Conduct that the Supreme Court promulgated earlier this month. It is a bona fide code of conduct—one that, in the main, tracks the Code of Conduct for U.S. Judges. It follows the same structure, features the same five canons, and includes most of the same provisions that are worded in the … Read the rest

Supreme Court

Major OxyContin case headlines December session

The justices will kick off the December argument session on Nov. 27 with oral argument in a pair of consolidated cases, Brown v. United States and Jackson v. United States, involving the Armed Career Criminal Act. The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” The question before the justices … Read the rest

Civil Law

Routes to Reorganisation: A Comparative Study of the Insolvency Procedures Available in the UAE, KSA, US and England and Wales

Our recent insight provides a comparative summary of the insolvency procedures that are available in the United Arab Emirates (UAE), the Kingdom of Saudi Arabia (KSA), England and Wales, and the US. It compares which debtor-in-possession, office-holder and terminal procedures are available in each of those jurisdictions, as well as considering the extent to which the UAE and KSA insolvency laws provide a framework for the recognition of cross-border insolvency.

To read that and more about how the laws in those … Read the rest

Supreme Court

The morning read for Tuesday, November 21

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

Voting Rights Act ruling is latest attempt by Trump-nominated judges to overturn Supreme Court precedent (Joan Biskupic, CNN)
Supreme Court agrees to hear San Carlos Apache appeal on health care funding (Adrienne Washington, Cronkite News)
Idaho Asks US Supreme Court to Permit Abortion Law Enforcement (Mary Anne Pazanowski, Bloomberg Law)
David Souter showed the

… Read the rest

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