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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: November 10
Ex Parte Crouch , 112 U.S. 178 (decided November 10, 1884): federal courts cannot via habeas vacate state court convictions except on jurisdictional grounds (gradually overruled, most specifically by Brown v. Allen , 1953) Baltimore & O.R. Co. v. Kepner , 314 U.S. 44 (decided November 10, 1941): state court cannot interfere with resident injured railroad employee’s statutorily permitted federal venue of FELA action even if inconvenient for railroad (suit brought 700 miles awa
captcrisis
1 hour ago1 min read
Today in Supreme Court History: November 9
Harris v. Forklift Systems, Inc. , 510 U.S. 17 (decided November 9, 1993): Title VII claimant (“abusive work environment”) need not show that her psychological well-being was “seriously affected”; totality of circumstances but still must be “objectively” abusive (ALJ found supervisor made frequent gender insults, sexual innuendos, “You’re a woman, what do you know”, “We need a man as the rental manager”, “you’re a dumb ass woman”, suggested “we go to the Holiday Inn”, asked h
captcrisis
1 day ago1 min read
Today in Supreme Court History: November 8
Greene v. Fisher , 565 U.S. 34 (decided November 8, 2011): “clearly established federal law” required for habeas does not include law established by Court in decision announced after state appeals on facts are exhausted United States v. Olson , 546 U.S. 43 (decided November 8, 2005): Federal Tort Claims Act allows only for torts for which state law holds private parties (not governmental entities) liable, and court must determine if state law provides private law analogies fo
captcrisis
3 days ago1 min read
Today in Supreme Court History: November 7
Cleveland v. United States , 531 U.S. 12 (decided November 7, 2000): video poker licenses were not “property” so as to be predicate for prosecution under mail fraud statute (defendants had obtained licenses via applications with fraudulently concealed facts) Powell v. Alabama , 287 U.S. 45 (decided November 7, 1932): in one of the earliest Incorporation decisions, Court holds that Sixth Amendment right to counsel was “incorporated” by Fourteenth Amendment and therefore bindin
captcrisis
4 days ago1 min read
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