2022-2023 Court Term

National Pork Producers Council v. Ross

Issue: Whether allegations that a state law has dramatic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant commerce clause.

Readings:

Supreme Court Report: National Pork Producers Council v. Ross, 21-468

Andy Warhol Foundation For the Visual Arts, Inc. v. Goldsmith

Issue: Whether a work of art is "transformative" when it conveys a different meaning or message from its source material (per 9th Circuit) or whether a court is forbidden from considering the meaning of the accused work where is "recognizably derives from" its source material (per 2nd Circuit)?

Readings: Warhol Foundation v. Goldsmith (NY Times subscription required) OR Download PDF

Percoco v. U.S.

Issue: Whether a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decision-making, owes a fiduciary duty to the general public such that he can be convicted of honest-services fraud.

Readings: Percoco v. U.S.