This March, the United States Supreme Court (“SCOTUS”) will consider whether to certify the largest employment discrimination class action in the country’s history.  For nearly ten years, Betty Dukes and five other representative plaintiffs have held the “David v. Goliath” title after they brought a lawsuit against Wal-Mart on behalf of all women employed by [...]

In a previous post on the U.S. Supreme Court decision, Bilski v. Kappos (“Bilski”), I discussed how SCOTUS alluded to the possibility that “business methods” could be patented in the United States – a case that did not outline precisely what kinds of business methods entailed protection. Canadian courts, by contrast, had shut the door [...]

Two years ago, the Federal Appeals Court for the Ninth Circuit (the “Ninth Circuit”) in Nelson v. NASA, No. 07-56424 (9th Cir. 2008) (pdf link) decided a case that has re-opened constitutional debate about employees’ right to protect personal information – especially from the allegedly prying eyes of the government. At issue for the Ninth [...]

On June 28, 2010, the US Supreme Court released its reasons in Bilski et al. v. Kappos, No.08-964 545 F. 3d 943 (PDF link) (“Bilski”). The case was widely followed, in particular, by intellectual property firms, as a decision widely favouring business method patents could have had serious ramifications on the patenting practices of future [...]

Technology giant Microsoft Corp. has made one last-ditch effort to defend a decade-long patent infringement lawsuit against a small Canadian software company, i4i Inc.  Last week, Microsoft filed a petition (PDF link) with the US Supreme Court asking for a final resolution to the dispute.  In the suit, i4i alleges that Microsoft used the small [...]

Honest services fraud, pursuant to section 1346 of Title 18 – Crimes and Criminal Procedure, 63 U.S.C., is mail or wire fraud occurring within “a scheme or artifice to deprive another of the intangible right of honest services.” In Skilling v. United States 554 F. 3d 529 (2010) the USSC vacated the conviction of former [...]

International Court of Justice to Hold Special Elections to Replace Retiring Judges Recently, Justices Shi Jiuyong of China and Thomas Buergenthal of the United States announced their resignations from the International Court of Justice (“ICJ”), both before fulfilling the nine-year terms they were elected to. As a result, two special elections for their replacements will [...]

In order to pull my weight in solidifying the general reputation of law students as somewhat nerdish types who just…can’t…get…enough…law, I recently picked up The Nine, journalist Jeffrey Toobin’s behind the scenes look at the U.S. Supreme Court through the nineties and early 2000s. (The book was reviewed by TheCourt.ca’s Jon Bricker back in March, [...]

On the afternoon of September 12, 2005, the media were more concerned with the news that Michael D. Brown—or “Brownie,” of Hurricane Katrina “heck of a job” fame—had resigned than what was happening in the Caucus Room of the Russell Senate Office Building in Washington. Inside, John G. Roberts was listening patiently as twenty one [...]

As briefly surveyed in last Friday’s Amici Curiae, the U.S. Supreme Court’s recent decision in Citizens United v. Federal Election Commission, No. 08-205, is causing quite the stir in judicial circles for its recognition of corporations as legal persons entitled to First Amendment protection. What many conservative commentators are calling a major victory for free [...]