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Collins v. Virginia: Where Categorical Rules Collide

Collins v. Virginia: Where Categorical Rules Collide

In Collins v. Virginia, the Supreme Court will decide what happens when two nearly categorical rules come into conflict: the ability of law enforcement to search your automobile based on probable cause alone, and the right to be free from searches of your home and its curtilage absent a warrant. The issue before the Court is whether the automobile exception to the warrant requirement applies to a vehicle that is parked on the curtilage of the home. Curtilage is the…

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The U.S. Supreme Court Considers Class Action Waivers in Employment Arbitration Agreements

The U.S. Supreme Court Considers Class Action Waivers in Employment Arbitration Agreements

On Monday, October 2, 2017, the U.S. Supreme Court heard consolidated oral argument in Epic Systems Corp. v. Lewis, No. 16-285, Morris v. Ernst & Young, LLP, No. 16-300, and Murphy Oil USA, Inc. v. NLRB, No. 16-307, considering the validity of class action waivers in employment arbitration agreements. This issue concerns the interaction of two federal statutes—the Federal Arbitration Act (FAA) and the National Labor Relations Act (NLRA). The FAA provides that an agreement to submit any dispute to…

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From McClesky to Whitford: the Supreme Court’s Ambivalent Attitude Towards Social Science

From McClesky to Whitford: the Supreme Court’s Ambivalent Attitude Towards Social Science

McCleskey v. Kemp was decided on April 22, 1987, and yet the 30 years that have elapsed since Justice Powell circulated his majority opinion have done little to soften McCleskey’s sharp edges. The case concerned a challenge from a death-row inmate to the administration of capital punishment in Georgia, where he had been sentenced for the killing of a white police officer. McCleskey argued that his capital sentence was driven in large part by his race, in combination with the…

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