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U.S. Supreme Court

Appellate Advocacy Clinic hears arguments at U.S. Supreme Court

The Appellate Advocacy Clinic recently made its annual visit to the United States Supreme Court in Washington, D.C., on Jan. 19. There the clinic members observed oral arguments in the case of Americold Realty Trust v. ConAgra Foods and met with Supreme Court Fellow Debra Perlin. Before the trip, the clinic reviewed all the briefs in Americold.

The issue in Americold is whether the citizenship of a Real Estate Investment Trust (REIT), for diversity purposes, should be based on the states in which its trustees are located or the states in which its beneficiaries are located. The case presents a classic choice between two competing rules from prior Supreme Court decisions. The Court previously held in one case that the citizenship of a common law trust is based on the citizenship of its trustees, and it established a bright-line rule in another case that the citizenship of all non-corporate entities is based on where the beneficiaries are located. (The citizenship of a corporation is based on where the corporation is incorporated and has its principal place of business.) Petitioners urge the Court to apply the rule for common law trusts to REITs, while Respondents ask the Court to treat REITs as a non-corporate entity. The decision will affect whether federal courts had diversity jurisdiction of this case and, more broadly, how citizenship of REITs will be determined from now on. Counsel for both sides argued well, and eight of the nine Justices asked questions. Seeing the Justices and counsel in action in the unique setting of the Supreme Court was a great experience.

This year marked the 10th straight year in which the Appellate Advocacy Clinic has visited the Supreme Court to observe arguments. The Appellate Advocacy Clinic is a two-semester course for third-year law students who have demonstrated proficiency in LAWR I & II and Appellate Advocacy. The clinic represents indigent and non-profit clients in federal and state appellate courts. Contact Professor John Korzen for more information about the clinic.

The Federalist Society holds U.S. Supreme Court round-up on Oct. 13

Wake Forest Law’s Federalist Society and the American Constitution Society held a U.S. Supreme Court round-up featuring commentary from Professors Wilson Parker and Ron Wright on upcoming U.S. Supreme Court decisions at noon on Tuesday, Oct. 13 in Worrell Professional Center.

Professor Wright started the conversation by discussing criminal law cases. Wright stressed the rise in U.S. Supreme Court cases involving the 8th Amendment and the decline in cases centered around the 4th Amendment.

Some of the cases and topics Professor Wright discussed included the following.

  • Montgomery v. Louisiana: 8th Amendment and Life Imprisonment for Juveniles
  • Hurst v. Florida: Florida Death Penalty issue
  • Kansas v. Carr and Kansas v. Gleason: 8th Amendment and Death Penalty issues
  • Foster v. Chatman: Race Discrimination

Professor Parker then continued the discussion and spoke about the role Anthony Kennedy would play in the upcoming cases that deal with voting, affirmative action and abortion. Some of the cases and topics Professor Parker discussed included the following.

  • Fisher v. University of Texas at Austin: Affirmative action in education
  • Harris v. Arizona Independent Redistricting Commission: One person, One vote districting issues
  • Florida v. Georgia and Mississippi v. Tennessee: Whether or not states can seek a right of access to water sources not physically in the boundaries of their state
  • Currier v. Jackson Women’s Health Organization, which involves Mississippi laws regulating abortion providers and whether or not they are overly burdensome under current law

The Federalist Society for Law and Policy Studies is “an organization of conservatives and libertarians dedicated to the principles that the state exists to preserve freedom, that the separation of government is essential to our Constitution, and that it is emphatically the province of the judiciary to say what the law is-not what it should be,” according to its website.

 

United States Supreme Court

Six Rose Council members among alumni to be sworn into the U.S. Supreme Court Bar on Monday, March 9

Six Rose Council members and two parents of Wake Forest Law graduates are among the 23 alumni who will be sworn into the U.S. Supreme Court Bar on Monday, March 9, 2015.

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Professors Michael Curtis and Eugene Mazo urge U.S. Supreme Court to hear North Carolina redistricting case

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United States Supreme Court

Fred Troll (BA ’68, JD ’71) reflects on his SCOTUS arguments in landmark sexual harassment case

Editor’s Note: This article features multimedia and is part of an ongoing series about our alumni and faculty and their experiences arguing in front of the U.S. Supreme Court.

Fred Troll (BA ’68, ‘JD 71) found himself arguing in front of the U.S. Supreme Court justices in a landmark sexual harassment case in 1986. “That was a very unsettled area back in the ’60s and ’70s,” he explained.

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Professor Margaret Taylor

Professor Margaret Taylor among law professors filing amici brief in Mellouli v. Holder

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C. Mark Wiley (’88) talks Supreme Court experience in U.S. v. Home Concrete & Supply

C. Mark Wiley (’85, JD ’88) is an attorney and Vice Chairman with Womble Carlyle Sandridge & Rice, LLP in the firm’s Winston-Salem, N.C. office. Wiley is no stranger to the area as a Double Deacon. His practices include healthcare transactions, tax law, and timberland resources. He helps companies plan efficient tax structures, and also works with clients to resolve tax controversies. In addition, Mark helps hospitals and physician groups form joint ventures. He received his Bar Admission to the U.S. Supreme Court in 2011 and worked on the U.S. Supreme Court case United States v. Home Concrete & Supply, LLC, argued on January 17, 2012.

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Gene Braswell (’70) argues in U.S. Supreme Court in 1979 Miranda rights case

A career highlight for R. Gene Braswell (’70) occurred in 1979, when he appeared before the U.S. Supreme Court to argue the case, North Carolina v. Butler. Continue reading »

Wake Forest law professor Harold Lloyd poses in the Worrell Professional Center on Wednesday, April 10, 2013.

Professor Harold Lloyd writes on Huffington Post blog about controversial SCOTUS ruling in Hobby Lobby case

Professor Harold Lloyd discusses the controversial U.S. Supreme Court ruling in the recent Hobby Lobby case and its potential implications in his blog post titled “Hobby Lobby: No Veil, No Precedent, No Multiple Players?” on HuffingtonPost.com.

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Two couples among 20 Wake Forest Law alumni sworn in to the U.S. Supreme Court Bar

Two married couples were among the 20 Wake Forest Law alumni who were admitted and sworn in to the United States Supreme Court Bar on Tuesday, May 27, 2014. In all, 21 applicants associated with Wake Forest were sworn in to the high court, including a spouse of one alumna. Continue reading »