The Sixth Circuit Weighs in On the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code

By | Sixth Circuit Appellate Blog | February 24, 2017
In Metropolitan Government of Nashville & Davidson County v. Hildebrand, the Sixth Circuit explains how to read the phrase “applicable nonbankruptcy law” as used in the Bankruptcy Code.  The chapter 13 individual bankruptcy case discussed the phrase in the context of 11 U.S.C. § 511(a), which provides that the appropriate interest rate for tax claims is whatever “applicable nonbankruptcy law” provides. View Full Post
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Washington V. Trump: Insights for Appellate Lawyers

Is there anything appellate lawyers can learn from the recent high-profile telephonic oral argument held in the Ninth Circuit in Washington v. Trump? A Defense Research Institute Appellate Advocacy Committee teleconference recently endeavored to answer that question. The speakers were Mary Massaron and Jerry Ganzfried, and the moderator was Keith Whitson. View Full Post
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What Impact Does a Pro Tem Justice Have On the Court’s Voting Patterns in Criminal Cases?

13408590515_88a6cdb87d This week, we’ve been taking a look at the voting patterns of pro tem Justices on the California Supreme Court since 2000. Yesterday, we showed that pro tem Justices have tended in civil cases to vote most similarly to what most would call the liberal wing of the Court –Justices Moreno and Liu. View Full Post
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What Impact Does a Pro Tem Justice Have On the Court’s Voting Patterns in Civil Cases?

11951339355_c4331524d0 Last week, we analyzed whether the California Supreme Court’s pro tem Justices have been more or less likely to vote with the majority than permanent members of the Court since 2000. This week, we’re looking at a related issue. What impact does the presence of a pro tem Justice on the Court for a particular case have for the ideological spread of the Court? View Full Post
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George Will On the Looming Pension Crisis

Conservative columnist George Will wrote this article about America’s looming pension crisis. From the article: Nowadays, America’s most persistent public dishonesties are the wildly optimistic, but politically convenient, expectations for returns on pension fund investments. Last year, when Illinois reduced its expected return on its teachers’ retirement fund from 7.5 percent to 7, this meant a $400 million to $500 million addition to the taxes needed annually for the fund. View Full Post
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Illinois Supreme Court Strikes Down Chicago Tax As Applied to Out-of-City Car Rentals

By | The Appellate Strategist | February 22, 2017
Illinois Supreme Court Strikes Down Chicago Tax As Applied to Out-of-City Car Rentals The City of Chicago levies a tax on the lease or rental of personal property within the City or the privilege of using personal property leased elsewhere in the City. In 2011, the City’s director of the department of revenue issued Ruling 11, which provided that the City Department of Revenue would hold suburban car rental agencies within three miles of the city limits responsible for paying the tax with respect to many of their customers. View Full Post
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Illinois Supreme Court Approves Referendum Adopting Term Limits for Village President

By | The Appellate Strategist | February 22, 2017
Illinois Supreme Court Approves Referendum Adopting Term Limits for Village President In the vast majority of cases, the Illinois Supreme Court is in complete control of what cases wind up on its docket – parties file a petition for leave to appeal, and the Court allows it or doesn’t in the exercise of its “sound judicial discretion.” But there’s one instance in which, curiously enough, the Court’s docket is in control of the intermediate Appellate Courts. View Full Post
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How Likely is It That the First Question in a Criminal Case Comes from a Justice Writing the Majority, a Concurrence or a Dissent?

By | Illinois Supreme Court Review | February 22, 2017
How Likely is It That the First Question in a Criminal Case Comes from a Justice Writing the Majority, a Concurrence or a Dissent? 15262370579_8718394465 Yesterday, we looked at the likelihood that the first question to each side at oral argument in civil cases came from a Justice who would write an opinion – either the majority, a special concurrence or a dissent. Today, we turn our attention to the Court’s criminal cases between 2008 and 2016. View Full Post
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