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Tuesday, September 29, 2015

Supreme Court Previews for the week of October 5, 2015

---------- Forwarded message ----------
From: "Legal Information Institute [LII]" <Legal_Information_Institute_LII@mail.vresp.com>
Date: Sep 28, 2015 9:04 AM
Subject: Supreme Court Previews for the week of October 5, 2015
To: <g.pera44@gmail.com>
Cc:

[LII] Legal Information Institute | Cornell Law School

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Federal Arbitration Act, arbitration, preemption, contracts
Oral argument:
October 6, 2015
Court below:
California Second District Court of Appeal
Issues:

Can parties to a consumer arbitration agreement incorporate otherwise preempted state law into their agreement, or does the Federal Arbitration Act preempt that law in all cases?

contracts, equal protection, discrimination, statutory construction, Chevron deference, BANKING
Oral argument:
October 5, 2015
Court below:
United States Court of Appeals for the Eighth Circuit
Issues:
  1. Do loan guarantors have the same rights and protections that their applicant spouses are given by the Equal Credit Opportunity Act?
  2. Does the Federal Reserve Board have the authority to define guarantors as applicants for purposes of the Equal Credit Opportunity Act?
eighth amendment, capital punishment, death penalty, REASONABLE DOUBT, sentencing
Oral argument:
October 7, 2015
Court below:
Kansas Supreme Court
Issues:

This case will be heard along side Kansas v. Gleason (14-552). Read our preview here.

Is a joint capital sentencing proceeding between two brothers sufficiently prejudicial to  require severance, and must a jury contemplating capital punishment be instructed that mitigating circumstances "need not be proven beyond a reasonable doubt?"

capital punishment, jury instructions, AGGRAVATING CIRCUMSTANCES, MITIGATING CIRCUMSTANCES
Oral argument:
October 7, 2015
Court below:
Kansas Supreme Court
Issues:

This case will be heard alongside Kansas v. Carr (14-449, 450). Read our preview here.

Must courts explicitly instruct juries about the relevant burden of proof for mitigating circumstances in capital murder cases?

international law, commercial law, Foreign Sovereign Immunities Act, tort
Oral argument:
October 5, 2015
Court below:
United States Court of Appeals for the Ninth Circuit
Issues:

When is an entity an "agent" of a "foreign state" for purposes of the Foreign Sovereign Immunities Act; and, what degree of commercial activity within the United States is sufficient to trigger an exception to immunity for personal injury liability under that Act?

conspiracy, EXTORTION, BRIBERY, federalism, Hobbs Act
Oral argument:
October 6, 2015
Court below:
United States Court of Appeals for the Fourth Circuit
Issues:

Under the Hobbs Act, can a person accused of conspiracy to commit extortion be convicted for extorting a fellow conspirator?

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