Appellate Litigation

Capital Punishment Once Again Before the Supreme Court: Kansas v. Gleason and Kansas v. Carr

Criminal Law & Procedure Practice Group Courthouse Steps Teleforum Wednesday, October 07, 03:00 PMFederalist Society Teleforum Conference Call

Somewhat overlooked at the end of the United States Supreme Court’s October 2014 term was a contentious 5-4 decision on the application of the death penalty in Glossip v. Gross. On Wednesday, October 7, the second day of oral arguments for the term, the Supreme Court will waste no time in turning its attention back towards the death penalty in Kansas v. Gleason and Kansas v. Carr. The cases ask the Court to decide whether the Eighth Amendment requires that capital juries be “affirmatively instructed” that mitigating circumstances need not be proved beyond reasonable doubt. Will the October 2015 term be remembered, as some commentators are predicting, for its remarkable Eighth Amendment focus?


  • William J. Haun, Associate, Hunton & Williams LLP

Class Action Cases: The Term Ahead - Podcast

Litigation Practice Group Podcast
Warren Postman September 29, 2015

Class action litigation will be front and center at the Supreme Court this Term, with three potentially landmark cases—Spokeo v. Robins, Tyson Foods v. Bouaphakeo, and Campbell-Ewald v. Gomez—having been scheduled for argument in the fall. The Supreme Court will also soon consider several petitions for certiorari that raise additional class action issues over which the lower courts are divided. Warren Postman, Associate Chief Counsel at the U.S. Chamber Litigation Center, discussed the issues raised in these cases and their potential impact on class action litigation.


  • Mr. Warren Postman, Associate Chief Counsel for Litigation, U.S. Chamber of Commerce

Waters of the United States - Litigation Update - Podcast

Environmental Law & Property Rights and Litigation Practice Groups Podcast
Michael H. Park September 17, 2015

In its new “Waters of the United States” rule, the EPA has substantially increased the scope of its regulatory authority under the Clean Water Act. Dozens of states, trade associations, and private companies have challenged the rule in federal courts across the country. A federal judge in North Dakota recently issued an injunction against the rule just before it was scheduled to take effect. Michael Park of Consovoy McCarthy Park, who represent several of the parties in this litigation, discussed the rule, the status of the litigation, and where things could go from here.


  • Mr. Michael Park, Partner, Consvoy McCarthy Park PLLC

Dodd-Frank Lawsuit to Continue - Podcast

Financial Services & E-Commerce Practice Group Podcast
Gregory F. Jacob August 31, 2015

On July 24, 2015, the D.C. Circuit Court issued an opinion allowing a challenge to the constitutionality of the Consumer Financial Protection Bureau and of the recess appointment of its director to continue. Our expert discussed the implications of this decision and other recent developments in Dodd-Frank Act litigation.

  • Gregory F. Jacob, Partner, O'Melveny & Myers LLP

Supreme Court Bankruptcy Round Up - October Term 2014 - Podcast

Corporations, Securities & Antitrust Practice Group Podcast
Thomas Plank, Zvi Rosen, David Skeel July 28, 2015

The Supreme Court issued a number of notable opinions in the area of bankruptcy law during the recently concluded term. Our experts offered their analysis on recent developments in the field and took questions from a call-in audience.

  • Prof. Thomas Plank, Joel A. Katz Distinguished Professor of Law, University of Tennessee College of Law
  • Prof. Zvi Rosen Visiting Assistant Professor of Law, Hofstra University Maurice A. Deane School of Law
  • Prof. David Skeel, S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School