Supreme Court Allows Creditors to Retain Assets Lawfully Seized Prior to Bankruptcy
The Bankruptcy Code (title 11 of the United States Code) provides numerous protections for debtors when they file a bankruptcy petition. Those protections include an automatic stay of “any act to obtain possession of . . . or to exercise control over property of the estate.” §362(a)(3). Section 542(a) of the Code states that a…
Challenge to the FTC’s Restitution Authority to be Heard by Supreme Court
Led by Illinois Attorney General Kwame Raoul, a bipartisan coalition of 30 attorneys general filed an amicus brief in the U.S. Supreme Court supporting the Federal Trade Commission’s (FTC) right to obtain disgorgement and restitution for victims of deceptive practices in cases filed in U.S. district court under Section 13(b) of the FTC Act. The…
U.S. Supreme Court Brief Writing Style Guide
There are few tasks more daunting to a lawyer than being asked to write, for the first time, a U.S. Supreme Court brief.
NAAG Announces Winners of 2020 Supreme Court Best Brief Awards
Washington, D.C. — The National Association of Attorneys General (NAAG) has announced the winners of the 2020 Supreme Court Best Brief Awards. The Best Brief Awards are given annually in recognition of excellence in brief writing in the U.S. Supreme Court. The awards honor state attorneys, who collectively handle more Supreme Court cases than almost…
How To Write a Successful Brief In Opposition: A Guide For State Lawyers
An overview of the procedures and strategies applicable to the Supreme Court briefs in opposition process.
NAAG Announces Winners of 2019 Supreme Court Best Brief Awards
Washington, D.C. — The National Association of Attorneys General (NAAG) has announced the winners of the 2019 Supreme Court Best Brief Awards. The Best Brief Awards honor the appellate practitioners from state attorneys general offices who have exhibited superb work in representing their states before the U.S. Supreme Court. Thirty-seven briefs were submitted for consideration this…
How to Write a Successful Cert Petition: A Guide for State Lawyers
Writing cert petitions is a challenge, in no small part because they are so different from ordinary appellate briefs that focus on the merits.
Supreme Court Federal Habeas Opinions in the 2017 Term
Federal habeas law continues to be of significant interest to the Supreme Court. This article summarizes the Supreme Court’s decisions on habeas cases in the 2017 term.
State Sovereign Immunity
Under the doctrine of "state sovereign immunity," a state cannot be sued in federal and state court without its consent, except in limited circumstances. This article walks through Supreme Court jurisprudence on sovereign immunity and explains the different regimes that states have adopted.
Curricular Objectives and the Public Schools: Current Events and the Teaching about Religion
A deputy attorney general from Indiana discusses the complexities of weaving religious studies into public school curricula and which school systems have run the legal gamut as a result.
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