US Supreme Court grants cert in 4 cases

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The US Supreme Court granted certiorari in four cases this morning.  Scotusblog provides links to the petitions, oppositions, replies, amici briefs and opinions below.

Beard v. Kindler - Is a state procedural rule automatically "inadequate" under the adequate-state-grounds doctrine - and therefore unenforceable on federal habeas corpus review - because the state rule is discretionary rather than mandatory?

Black, et al.  v. United States - Whether the "honest services" clause of 18 U.S.C. ยง 1346 applies in cases where the jury did not find - nor did the district court instruct them that they had to find - that the defendants "reasonably contemplated identifiable economic harm," and if the defendants' reversal claim is preserved for review after they objected to the government's request for a special verdict.

Lewis, et al. v. City of Chicago - Where an employer adopts an employment practice that discriminates against African Americans in violation of Title VII's disparate impact provision, must a plaintiff file an EEOC charge within 300 days after the announcement of the practice, or may a plaintiff file a charge within 300 days after the employer's use of the discriminatory practice?

Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board, et al.
Whether the Sarbanes-Oxley Act is consistent with separation-of-powers principles - as the Public Company Accounting Oversight Board  is overseen by the Securities and Exchange Commission, which is in turn overseen by the President - or contrary to the Appointments Clause of the Constitution,  as the PCAOB members are appointed by the SEC.


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This page contains a single entry by JoNell published on May 18, 2009 1:39 PM.

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