Supreme Court | Attorneys.Media

Landmark Supreme Court Cases That Shaped Modern Due Process

May 18, 2025 • By Jack Gilbert

Modern due process has been shaped by 10+ landmark Supreme Court decisions interpreting the Fifth and Fourteenth Amendments. These rulings define fair procedures (notice, hearing, counsel) and, at times, protect fundamental rights from arbitrary government action. This article highlights the key cases, holdings, and their impact on today’s due process standards. The concept of due […]

Civil Rights Constitutional Law

The Evolution of Due Process from Magna Carta to Modern America

April 28, 2025 • By Jack Gilbert

Due process evolved over 800 years, from the 1215 Magna Carta to modern U.S. constitutional law. It became embedded in the Fifth and Fourteenth Amendments and expanded through Supreme Court decisions defining fair procedures and fundamental rights. This article explains the key milestones, doctrines, and cases shaping due process today. The remarkable journey of due […]

Civil Rights Constitutional Law

The Intersection of Due Process and National Security Concerns

April 26, 2025 • By Jack Gilbert

U.S. courts apply at least a two-part Mathews v. Eldridge balancing test to weigh due process against national security. In practice, judges often allow secrecy or limited evidence access but require meaningful notice and a chance to challenge detention or designation. This article explains the constitutional framework, leading cases, and surveillance-era implications for individual rights. […]

Administrative Law Civil Law Explained

Exploring the Arbitrary and Capricious Test in Judicial Review Processes

November 12, 2024 • By Jack Gilbert

Courts applying the “arbitrary and capricious” test generally uphold an agency decision if it is reasonable and supported by the administrative record, and will set it aside only when the agency failed to consider important factors, relied on improper considerations, or offered an irrational explanation. Rooted in the Administrative Procedure Act, this deferential standard focuses […]

Administrative Law Civil Law

The Evolution of the Arbitrary and Capricious Standard: A Historical Overview

November 12, 2024 • By Jack Gilbert

The arbitrary and capricious standard is a “reasoned decisionmaking” test under the APA’s Section 706(2)(A) used by U.S. courts to set aside irrational agency actions. It evolved through key Supreme Court decisions that clarified how agencies must explain facts, consider relevant factors, and avoid unexplained inconsistency. This article surveys the standard’s historical development and its […]

Administrative Law Civil Law

How does the Administrative Procedure Act relate to arbitrary and capricious review?

November 12, 2024 • By Jack Gilbert

The APA’s arbitrary and capricious review is codified in 5 U.S.C. § 706(2)(A) and lets courts set aside agency action lacking a rational basis. Courts look for reasoned decision-making based on the record, including consideration of relevant factors and an explanation for the outcome. This article explains the APA framework, how judges apply the standard, […]

Constitutional Law Executive Branch

How did the Supreme Court’s 2024 rulings expand presidential immunity and impact federal regulatory authority?

November 1, 2024 • By Jack Gilbert

In 2024, the Supreme Court expanded presidential immunity by shielding core official acts and limiting when prosecutors may use or probe them, while also weakening federal agencies’ rulemaking power by overruling Chevron deference. Together, these decisions shift power toward the presidency and courts and away from executive-branch regulators. This article explains the key holdings, practical […]

Civil Law Civil Litigation

What is a Mutant Citation, and why is it problematic in legal documentation?

October 27, 2024 • By Jack Gilbert

A mutant citation is a legal citation that points to the wrong authority or to a source that doesn’t exist. It’s problematic because it can misstate precedent, mislead courts, and damage credibility in briefs, motions, and opinions. This article explains common causes, real-world risks, and practical prevention steps. In the realm of legal research and […]

Civil Law Civil Litigation

How Tag Jurisdiction Works in Legal Cases and Its Boundaries

October 27, 2024 • By Jack Gilbert

Tag jurisdiction allows a state court to exercise personal jurisdiction when a defendant is personally served while physically present in the state, even if the dispute is unrelated. Its main boundary is due process—presence generally suffices, but service obtained by fraud or other improper means may be invalid. This article explains how it works, key […]

Court Decision Federal Law

Supreme Court Strikes Down Chevron Doctrine: Implications for Federal Agency Power

June 28, 2024 • By Jack Gilbert

The U.S. Supreme Court has struck down the Chevron doctrine, ending decades of judicial deference to federal agencies’ reasonable interpretations of ambiguous statutes. As a result, courts—not regulators—will take a larger role in resolving statutory meaning, potentially narrowing agency authority and increasing litigation over federal rules. This article explains the ruling, its legal rationale, and […]

Constitutional Law Executive Privilege

Supreme Court Decisions on Presidential Immunity: Key Legal Insights

May 24, 2024 • By Jack Gilbert

The Supreme Court has issued 3 landmark presidential immunity rulings: Nixon v. Fitzgerald (1982), Clinton v. Jones (1997), and Trump v. United States (2024). Together, they recognize absolute immunity for official civil damages, no immunity for unofficial conduct, and a presumption of immunity for core official criminal acts. This article explains each case’s holding and […]