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Author Archives: Kimberly Atkins

Court struggles with question of human gene patentability

Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product is not easy — even for the U.S. Supreme Court.

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Justices ponder if SORNA rule reaches back

That convicted sex offenders must register with their state of residence is a well-established rule. But when the offender was convicted and completed his criminal sentence years before the federal Sex Offender Registration and Notification Act was enacted in 2006, does that rule apply to him?

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Justices seem torn on pre-arrest Miranda right

The justices of the U.S. Supreme Court seemed to struggle with the question of whether the silence of a suspect who has neither been arrested nor placed in police custody can later be used against him at trial.

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Solutions sought for H-1B visa logjam

As lawmakers prepare to debate immigration reform, employment lawyers are hoping for a solution to the persistent bottleneck in the visa program for highly skilled workers that they say hurts their clients.

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Justices tackle California gay marriage case

During heated arguments at the U.S. Supreme Court over California’s voter-approved constitutional amendment banning same-sex marriage, the justices verbally tussled with attorneys arguing over the law’s constitutionality — but also hinted that the case could have a surprise ending.

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Another high court win for securities class plaintiffs

At a time when class certification has become tougher under recent U.S. Supreme Court precedent, securities plaintiffs scored a major win when the justices ruled that materiality need not be proved at the certification stage of fraud-on-the-market claims.

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Supreme Court could void Missouri’s DNA collection law

As they grilled the lawyers arguing before them on the issue of whether police can collect DNA samples from unconvicted arrestees without a warrant, the justices of the U.S. Supreme court acknowledged just how high the stakes are.

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Court hears ex post facto sentencing case

At oral arguments, the justices of the U.S. Supreme Court questioned whether a sentence imposed according to the U.S. Sentencing Guidelines in place at the time of sentencing — which was harsher than the sentence that would have been imposed under guidelines at the time of the crime — violated the Constitution’s Ex Post Facto Clause.

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