77 Cited authorities

United States v. Booker
543 U.S. 220 (2005) Cited 25,390 times 28 Legal Analyses
Holding the Sentencing Guidelines are advisory
Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,650 times 100 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Blakely v. Washington
542 U.S. 296 (2004) Cited 16,617 times 17 Legal Analyses
Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,020 times 502 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
United States v. Salerno
481 U.S. 739 (1987) Cited 5,401 times 14 Legal Analyses
Holding that "extensive safeguards" are necessary "to repel a facial challenge"
Dickerson v. United States
530 U.S. 428 (2000) Cited 2,290 times 18 Legal Analyses
Holding that “the protections announced in Miranda ” are “constitutionally required”
Elrod v. Burns
427 U.S. 347 (1976) Cited 4,222 times 7 Legal Analyses
Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,175 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
Northern Pipeline Co. v. Marathon Pipe Line Co.
458 U.S. 50 (1982) Cited 2,967 times 20 Legal Analyses
Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims
Buckley v. Valeo
424 U.S. 1 (1976) Cited 3,413 times 37 Legal Analyses
Holding that a public financing law does not "abridge, restrict, or censor" expression
Section 3501 - Admissibility of confessions
18 U.S.C. § 3501 Cited 991 times 7 Legal Analyses
Finding of voluntariness is possible if admission made within six hours of arrest or detention; thereafter court must find reasonable ground for delay in arraigning defendant
Section 78ff - Penalties
15 U.S.C. § 78ff Cited 662 times 23 Legal Analyses
Providing criminal penalties
Section 153 - National Labor Relations Board
29 U.S.C. § 153 Cited 373 times 14 Legal Analyses
Establishing National Labor Relations Board with an explicit removal limitation
Section 78s - Registration, responsibilities, and oversight of self-regulatory organizations
15 U.S.C. § 78s Cited 370 times 12 Legal Analyses
Providing that the SEC "may abrogate, add to, and delete from . . . the rules of [the private entity] as the Commission deems necessary or appropriate"
Section 2000e-4 - Equal Employment Opportunity Commission
42 U.S.C. § 2000e-4 Cited 250 times 3 Legal Analyses
Creating Equal Employment Opportunity Commission ("EEOC") and § 2000e-5(b), (stating that "[w]henever a charge is filed," the EEOC "shall" initiate an investigation; aggrieved party may bring suit only after the EEOC has first been given a chance to act upon the complaint)
Section 351 - Complaints; judge defined
28 U.S.C. § 351 Cited 177 times 2 Legal Analyses
Providing that a complaint may be filed against a circuit, district, bankruptcy, or magistrate judge, but not including Supreme Court justices under the definition of the term "judge" covered by the Judicial Conduct and Disability Act
Section 509 - Functions of the Attorney General
28 U.S.C. § 509 Cited 98 times 1 Legal Analyses
Providing that "[a]ll functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General" except three listed functions
Section 541 - United States attorneys
28 U.S.C. § 541 Cited 76 times
Creating procedures for appointing a United States Attorney for each judicial district
Section 7215 - Investigations and disciplinary proceedings
15 U.S.C. § 7215 Cited 21 times 7 Legal Analyses
Governing “proceeding by the Board to determine whether a registered public accounting firm, or an associated person thereof, should be disciplined”
Section 7211 - Establishment; administrative provisions
15 U.S.C. § 7211 Cited 21 times 3 Legal Analyses
Requiring that Board members “have a demonstrated” technical “understanding of the responsibilities” and “obligations of accountants with respect to the preparation and issuance of audit reports”

Free Enterprise Fund et al v. Public Company Accounting Oversight Board et al

77 Cited authorities

Holding the Sentencing Guidelines are advisory

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that "extensive safeguards" are necessary "to repel a facial challenge"

Holding that “the protections announced in Miranda ” are “constitutionally required”

Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims

Holding that a public financing law does not "abridge, restrict, or censor" expression

Finding of voluntariness is possible if admission made within six hours of arrest or detention; thereafter court must find reasonable ground for delay in arraigning defendant

Providing criminal penalties

Establishing National Labor Relations Board with an explicit removal limitation

Providing that the SEC "may abrogate, add to, and delete from . . . the rules of [the private entity] as the Commission deems necessary or appropriate"

Creating Equal Employment Opportunity Commission ("EEOC") and § 2000e-5(b), (stating that "[w]henever a charge is filed," the EEOC "shall" initiate an investigation; aggrieved party may bring suit only after the EEOC has first been given a chance to act upon the complaint)

Providing that a complaint may be filed against a circuit, district, bankruptcy, or magistrate judge, but not including Supreme Court justices under the definition of the term "judge" covered by the Judicial Conduct and Disability Act

Providing that "[a]ll functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General" except three listed functions

Creating procedures for appointing a United States Attorney for each judicial district

Governing “proceeding by the Board to determine whether a registered public accounting firm, or an associated person thereof, should be disciplined”

Requiring that Board members “have a demonstrated” technical “understanding of the responsibilities” and “obligations of accountants with respect to the preparation and issuance of audit reports”