The Federal Bulletin Board Online via GPO AccessThe Federal Bulletin Board Online via GPO Access
The Federal Bulletin Board (FBB) is a free electronic bulletin board service of the Superintendent of Documents, U.S. Government Printing Office (GPO). All file library documents can be downloaded for free.
981478zd.txt 07/06/99 15334 bytes (87 hits)
98-1478.
Writ of certiorari dissent.
R089.txt 07/06/99 8055 bytes (65 hits)
R089; 6/23/99. The Patent and Plant Variety
Protection Remedy Clarification Act's abrogation
of States' sovereign immunity is invalid because
it cannot be sustained as legislation enacted to
enforce the guarantees of the Fourteenth
Amendment's Due Process Clause. Syllabus.
98-531 Syllabus Florida-Prepaid-Ed.-Bd.
College-Savings-Bank Rehnquist,C.J.
Sovereign-immunity Patents Fourteenth-Amdt.
R089A.txt 07/06/99 46583 bytes (29 hits)
R089A; 6/23/99. The Patent and Plant Variety
Protection Remedy Clarification Act's abrogation
of States' sovereign immunity is invalid because
it cannot be sustained as legislation enacted to
enforce the guarantees of the Fourteenth
Amendment's Due Process Clause. Stevens, J.,
dissenting.
98-531 Dissent Florida-Prepaid-Ed.-Bd.
College-Savings-Bank Stevens,J.
Sovereign-immunity Patents Fourteenth-Amdt.
R089O.txt 07/06/99 46881 bytes (16 hits)
R089-O; 6/23/99. The Patent and Plant Variety
Protection Remedy Clarification Act's abrogation
of States' sovereign immunity is invalid because
it cannot be sustained as legislation enacted to
enforce the guarantees of the Fourteenth
Amendment's Due Process Clause. Rehnquist, C.
J., opinion.
98-531 Opinion Florida-Prepaid-Ed.-Bd.
College-Savings-Bank Rehnquist,C.J.
Sovereign-immunity Patents Fourteenth-Amdt.
R090.txt 07/06/99 7179 bytes (14 hits)
R090; 6/23/99. The federal courts have no
jurisdiction over a Lanham Act suit against
Florida Prepaid because Florida's sovereign
immunity was neither validly abrogated by the
Trademark Remedy Clarification Act nor
voluntarily waived by Florida's activities in
interstate commerce. Syllabus.
98-149 Syllabus Florida-Prepaid-Ed.-Bd.
College-Savings-Bank Trademarks
Sovereign-immunity Scalia,J. Waiver-of-immunity
R090A.txt 07/06/99 5692 bytes (12 hits)
R090A; 6/23/99. The federal courts have no
jurisdiction over a Lanham Act suit against
Florida Prepaid because Florida's sovereign
immunity was neither validly abrogated by the
Trademark Remedy Clarification Act nor
voluntarily waived by Florida's activities in
interstate commerce. Stevens, J., dissenting.
98-149 Dissent Florida-Prepaid-Ed.-Bd.
College-Savings-Bank Trademarks
Sovereign-immunity Stevens,J. Waiver-of-immunity
R090B.txt 07/06/99 29768 bytes (3 hits)
R090B; 6/23/99. The federal courts have no
jurisdiction over a Lanham Act suit against
Florida Prepaid because Florida's sovereign
immunity was neither validly abrogated by the
Trademark Remedy Clarification Act nor
voluntarily waived by Florida's activities in
interstate commerce. Breyer, J., dissenting.
98-149 Dissent Florida-Prepaid-Ed.-Bd.
College-Savings-Bank Trademarks
Sovereign-immunity Breyer,J. Waiver-of-immunity
R090O.txt 07/06/99 59588 bytes (11 hits)
R090-O; 6/23/99. The federal courts have no
jurisdiction over a Lanham Act suit against
Florida Prepaid because Florida's sovereign
immunity was neither validly abrogated by the
Trademark Remedy Clarification Act nor
voluntarily waived by Florida's activities in
interstate commerce. Scalia, J., opinion.
98-149 Opinion Florida-Prepaid-Ed.-Bd.
College-Savings-Bank Trademarks
Sovereign-immunity Scalia,J. Waiver-of-immunity
R091.txt 07/06/99 15855 bytes (13 hits)
R091; 6/23/99. Congress' Article I powers do not
include the power to subject nonconsenting States
to private suits for damages in state courts;
Maine did not waive its sovereign immunity with
regard to state-court actions filed under the
Fair Labor Standards Act of 1938. Syllabus.
98-436 Syllabus Alden Maine Sovereign-immunity
FLSA Kennedy,J. ArticleI
R091A.txt 07/06/99 143401 bytes (7 hits)
R091A; 6/23/99. Congress' Article I powers do
not include the power to subject nonconsenting
States to private suits for damages in state
courts; Maine did not waive its sovereign
immunity with regard to state-court actions filed
under the Fair Labor Standards Act of 1938.
Souter, J., dissenting.
98-436 Dissent Alden Maine Sovereign-immunity
FLSA Souter,J. ArticleI
R091O.txt 07/06/99 113354 bytes (6 hits)
R091-O; 6/23/99. Congress' Article I powers do
not include the power to subject nonconsenting
States to private suits for damages in state
courts; Maine did not waive its sovereign
immunity with regard to state-court actions filed
under the Fair Labor Standards Act of 1938.
Kennedy, J., opinion.
98-436 Opinion Alden Maine Sovereign-immunity
FLSA Kennedy,J. ArticleI
R092.txt 07/06/99 17622 bytes (7 hits)
R092; 6/23/99. The lower courts erred in
certifying and affirming the certification of a
mandatory settlement class on a limited fund
theory under Federal Rule of Civil Procedure Rule
23(b)(1)(B) in asbestos personal injury
litigation. Syllabus.
97-1704 Syllabus Ortiz Fibreboard-Corp. Asbestos
Souter,J. F.R.Civ.P. 23 Class-actions
R092A.txt 07/06/99 1907 bytes (6 hits)
R092A; 6/23/99. The lower courts erred in
certifying and affirming the certification of a
mandatory settlement class on a limited fund
theory under Federal Rule of Civil Procedure Rule
23(b)(1)(B) in asbestos personal injury
litigation. Rehnquist, C. J., concurring.
97-1704 Concur Ortiz Fibreboard-Corp. Asbestos
Rehnquist,C.J. F.R.Civ.P. 23 Class-actions
R092B.txt 07/06/99 45014 bytes (3 hits)
R092B; 6/23/99. The lower courts erred in
certifying and affirming the certification of a
mandatory settlement class on a limited fund
theory under Federal Rule of Civil Procedure Rule
23(b)(1)(B) in asbestos personal injury
litigation. Breyer, J., dissenting.
97-1704 Dissent Ortiz Fibreboard-Corp. Asbestos
Breyer,J. F.R.Civ.P. 23 Class-actions
R092O.txt 07/06/99 113816 bytes (3 hits)
R092-O; 6/23/99. The lower courts erred in
certifying and affirming the certification of a
mandatory settlement class on a limited fund
theory under Federal Rule of Civil Procedure Rule
23(b)(1)(B) in asbestos personal injury
litigation. Souter, J., opinion.
97-1704 Opinion Ortiz Fibreboard-Corp. Asbestos
Souter,J. F.R.Civ.P. 23 Class-actions
R093.txt 07/06/99 3399 bytes (15 hits)
R093; 6/24/99. Abusive filer is denied leave to
proceed in forma pauperis on all future
certiorari and extraordinary writ petitions in
noncriminal cases. Per Curiam.
PerCuriam Whitfield Texas 98-9085 Abusive-filings
Frivolous IFP Certiorari
R079.txt 07/01/99 11626 bytes (12 hits)
R079; 6/21/99. Section 803(d)(3) of the Prison
Litigation Reform Act of 1995 limits attorney's
fees for postjudgment monitoring services
performed in prisoner suits after the Act's
effective date, but does not limit fees for
monitoring performed before that date. Syllabus.
98-262 Syllabus Martin Hadix 42USC1997e(d)(3)
O'Connor,J. Attorney's-fees Prisoners
R079A.txt 07/01/99 6518 bytes (6 hits)
R079A; 6/21/99. Section 803(d)(3) of the Prison
Litigation Reform Act of 1995 limits attorney's
fees for postjudgment monitoring services
performed in prisoner suits after the Act's
effective date, but does not limit fees for
monitoring performed before that date. Scalia,
J., concurring in part and concurring in the
judgment.
98-262 Concur Martin Hadix 42USC1997e(d)(3)
Scalia,J. Attorney's-fees Prisoners
R079B.txt 07/01/99 19184 bytes (4 hits)
R079B; 6/21/99. Section 803(d)(3) of the Prison
Litigation Reform Act of 1995 limits attorney's
fees for postjudgment monitoring services
performed in prisoner suits after the Act's
effective date, but does not limit fees for
monitoring performed before that date. Ginsburg,
J., concurring in part and dissenting in part.
98-262 Concur/Dissent Martin Hadix
42USC1997e(d)(3) Ginsburg,J. Attorney's-fees
Prisoners
R079O.txt 07/01/99 37640 bytes (4 hits)
R079-O; 6/21/99. Section 803(d)(3) of the Prison
Litigation Reform Act of 1995 limits attorney's
fees for postjudgment monitoring services
performed in prisoner suits after the Act's
effective date, but does not limit fees for
monitoring performed before that date. O'Connor,
J., opinion.
98-262 Opinion Martin Hadix 42USC1997e(d)(3)
O'Connor,J. Attorney's-fees Prisoners
R080.txt 07/01/99 8351 bytes (11 hits)
R080; 6/21/99. The Eighth Amendment does not
require that a jury be instructed as to the
consequences of their failure to agree on a
verdict; in this death penalty case, certain
aggravating factors found by the jury were not
vague, overbroad, or duplicative in violation of
that Amendment. Syllabus.
Jones U. S. Syllabus 97-9361 Thomas,J.
Eighth-Amdt. Jury-unanimity Death-penalty
R080A.txt 07/01/99 47680 bytes (9 hits)
R080A; 6/21/99. The Eighth Amendment does not
require that a jury be instructed as to the
consequences of their failure to agree on a
verdict; in this death penalty case, certain
aggravating factors found by the jury were not
vague, overbroad, or duplicative in violation of
that Amendment. Ginsburg, J., dissenting.
Jones U. S. Dissent 97-9361 Ginsburg,J.
Eighth-Amdt. Jury-unanimity Death-penalty
R080O.txt 07/01/99 73942 bytes (8 hits)
R080-O; 6/21/99. The Eighth Amendment does not
require that a jury be instructed as to the
consequences of their failure to agree on a
verdict; in this death penalty case, certain
aggravating factors found by the jury were not
vague, overbroad, or duplicative in violation of
that Amendment. Thomas, J., opinion.
Jones U. S. Opinion 97-9361 Thomas,J.
Eighth-Amdt. Jury-unanimity Death-penalty
R081.txt 07/01/99 13732 bytes (4 hits)
R081; 6/21/99. This case was properly removed to
federal court under the federal officer removal
statute; the Tax Injunction Act does not bar
federal-court adjudication; Jefferson County's
"license or privilege tax" operates as a
nondiscriminatory tax on federal judges'
compensation, to which the Public Salary Tax Act
of 1939 consents. Syllabus.
98-10 Syllabus Jefferson-County Acker
28USC1442(a)(3) Ginsburg,J. 28USC1341 4USC111
R081A.txt 07/01/99 11999 bytes (3 hits)
R081A; 6/21/99. This case was properly removed
to federal court under the federal officer
removal statute; the Tax Injunction Act does not
bar federal-court adjudication; Jefferson
County's "license or privilege tax" operates as a
nondiscriminatory tax on federal judges'
compensation, to which the Public Salary Tax Act
of 1939 consents. Scalia, J., concurring in part
and dissenting in part.
98-10 Concur/Dissent Jefferson-County Acker
28USC1442(a)(3) Scalia,J. 28USC1341 4USC111
R081B.txt 07/01/99 35850 bytes (4 hits)
R081B; 6/21/99. This case was properly removed
to federal court under the federal officer
removal statute; the Tax Injunction Act does not
bar federal-court adjudication; Jefferson
County's "license or privilege tax" operates as a
nondiscriminatory tax on federal judges'
compensation, to which the Public Salary Tax Act
of 1939 consents. Breyer,J., concurring in part
and dissenting in part.
98-10 Concur/Dissent Jefferson-County Acker
28USC1442(a)(3) Breyer,J. 28USC1341 4USC111
R081O.txt 07/01/99 45430 bytes (2 hits)
R081-O; 6/21/99. This case was properly removed
to federal court under the federal officer
removal statute; the Tax Injunction Act does not
bar federal-court adjudication; Jefferson
County's "license or privilege tax" operates as a
nondiscriminatory tax on federal judges'
compensation, to which the Public Salary Tax Act
of 1939 consents. Ginsburg, J., opinion.
98-10 Opinion Jefferson-County Acker
28USC1442(a)(3) Ginsburg,J. 28USC1341 4USC111
R082.txt 07/01/99 6655 bytes (14 hits)
R082; 6/21/99. The "automobile exception" to the
Fourth Amendment's warrant requirement does not
require a separate finding of exigency in
addition to a probable cause finding. Per
Curiam.
98-1062
R082A.txt 07/01/99 1465 bytes (16 hits)
R082A; 6/21/99. The "automobile exception" to
the Fourth Amendment's warrant requirement does
not require a separate finding of exigency in
addition to a probable cause finding. Breyer,
J., dissenting.
98-1062
R083.txt 07/01/99 3594 bytes (6 hits)
R083; 6/21/99. Abusive filer is denied leave to
proceed in forma pauperis on all future
certiorari petitions in noncriminal cases. Per
Curiam.
PerCuriam 98-8952 Fertel-Rust Milwaukee-Mental-He
alth Abusive-filings IFP Frivolous
R084.txt 07/01/99 11105 bytes (17 hits)
R084; 6/22/99. Where corrective lenses allow the
severely myopic petitioners to function
identically to individuals without a similar
impairment, they have filed to allege that they
are "disabled" within the meaning of the
Americans with Disabilities Act of 1990.
Syllabus.
97-1943 Syllabus Sutton United-Air-Lines-Inc.
O'Connor,J.
R084A.txt 07/01/99 2641 bytes (6 hits)
R084A; 6/22/99. Where corrective lenses allow
the severely myopic petitioners to function
identically to individuals without a similar
impairment, they have filed to allege that they
are "disabled" within the meaning of the
Americans with Disabilities Act of 1990.
Ginsburg, J., concurring.
97-1943 Concur Sutton United-Air-Lines-Inc.
Ginsburg,J.
R084B.txt 07/01/99 45644 bytes (4 hits)
R084B; 6/22/99. Where corrective lenses allow
the severely myopic petitioners to function
identically to individuals without a similar
impairment, they have filed to allege that they
are "disabled" within the meaning of the
Americans with Disabilities Act of 1990.
Stevens, J., dissenting.
97-1943 Dissent Sutton United-Air-Lines-Inc.
Stevens,J.
R084C.txt 07/01/99 4499 bytes (5 hits)
R084C; 6/22/99. Where corrective lenses allow
the severely myopic petitioners to function
identically to individuals without a similar
impairment, they have filed to allege that they
are "disabled" within the meaning of the
Americans with Disabilities Act of 1990.
Breyer, J., dissenting opinion.
97-1943 Dissent Sutton United-Air-Lines-Inc.
Breyer,J.
R084O.txt 07/01/99 45518 bytes (6 hits)
R084-O; 6/22/99. Where corrective lenses allow
the severely myopic petitioners to function
identically to individuals without a similar
impairment, they have filed to allege that they
are "disabled" within the meaning of the
Americans with Disabilities Act of 1990.
O'Connor, J., opinion.
97-1943 Opinion Sutton United-Air-Lines-Inc.
O'Connor,J.
R085.txt 07/01/99 6601 bytes (13 hits)
R085; 6/22/99. Under the Americans with
Disabilities Act of 1990, the determination
whether petitioner's impairment "substantially
limits" one or more major life activities is made
with reference to the mitigating measures he
employs; petitioner is not "regarded as disabled"
because of his high blood pressure. Syllabus.
97-1992 Syllabus Murphy United-Parcel-Service-Inc
. ADA
R085A.txt 07/01/99 2020 bytes (11 hits)
R085A; 6/22/99. Under the Americans with
Disabilities Act of 1990, the determination
whether petitioner's impairment "substantially
limits" one or more major life activities is made
with reference to the mitigating measures he
employs; petitioner is not "regarded as disabled"
because of his high blood pressure. Stevens, J.,
dissenting.
97-1992 Dissent Murphy United-Parcel-Service-Inc.
ADA
R085O.txt 07/01/99 16685 bytes (5 hits)
R085-O; 6/22/99. Under the Americans with
Disabilities Act of 1990, the determination
whether petitioner's impairment "substantially
limits" one or more major life activities is made
with reference to the mitigating measures he
employs; petitioner is not "regarded as disabled"
because of his high blood pressure. O'Connor,
J., opinion.
97-1992 Opinion Murphy United-Parcel-Service-Inc.
ADA
R086.txt 07/01/99 10512 bytes (8 hits)
R086; 6/22/99. An employer's conduct need not be
independently "egregious" to satisfy 42 U. S. C.
§1981a(b)(1)'s requirements for a punitive
damages award, although evidence of egregious
misconduct may be used to meet the employee's
burden of proof; even assuming that petitioner
employee has met that burden, she must impute
liability for punitive damages to respondent.
Syllabus.
Kolstad American-Dental-Assn. Syllabus 98-208
42USC1981a(b)(1) Title-VII Punitive-damages
O'Connor,J.
R086A.txt 07/01/99 1552 bytes (10 hits)
R086A; 6/22/99. An employer's conduct need not
be independently "egregious" to satisfy 42 U. S.
C. §1981a(b)(1)'s requirements for a punitive
damages award, although evidence of egregious
misconduct may be used to meet the employee's
burden of proof; even assuming that petitioner
employee has met that burden, she must impute
liability for punitive damages to respondent.
Rehnquist, C. J., concurring in part and
dissenting in part.
Kolstad American-Dental-Assn. Concur/Dissent
98-208 42USC1981a(b)(1) Title-VII
Punitive-damages Rehnquist,C.J.
R086B.txt 07/01/99 17069 bytes (6 hits)
R086B; 6/22/99. An employer's conduct need not
be independently "egregious" to satisfy 42 U. S.
C. §1981a(b)(1)'s requirements for a punitive
damages award, although evidence of egregious
misconduct may be used to meet the employee's
burden of proof; even assuming that petitioner
employee has met that burden, she must impute
liability for punitive damages to respondent.
Rehnquist, C. J., concurring in part and
dissenting in part.
Kolstad American-Dental-Assn. Concur/Dissent
98-208 42USC1981a(b)(1) Title-VII
Punitive-damages Stevens,J.
R086O.txt 07/01/99 43106 bytes (7 hits)
R086-O; 6/22/99. An employer's conduct need not
be independently "egregious" to satisfy 42 U. S.
C. §1981a(b)(1)'s requirements for a punitive
damages award, although evidence of egregious
misconduct may be used to meet the employee's
burden of proof; even assuming that petitioner
employee has met that burden, she must impute
liability for punitive damages to respondent.
O'Connor, J., opinion.
Kolstad American-Dental-Assn. Opinion 98-208
42USC1981a(b)(1) Title-VII Punitive-damages
O'Connor,J.
R087A.txt 07/01/99 5839 bytes (8 hits)
R087A; 6/22/99. Under the Americans with
Disabilities Act of 1990, an employer requiring
as a job qualification that an employee meet an
otherwise applicable federal safety regulation
does not have to justify enforcing the regulation
solely because its standard may be waived
experimentally in an individual case. Thomas,
J., concurring.
98-591 Concur Albertsons-Inc. Kirkingburg ADA
Thomas,J. Disability Job-qualifications
R088A.txt 07/01/99 2574 bytes (13 hits)
R088A; 6/22/99. Title II of the Americans with
Disabilities Act of 1990 requires States to place
mentally disabled persons in community settings
rather than institutions when the State's
treatment professionals determine that is
appropriate, the transfer is not opposed by the
affected individual, and the placement can be
reasonably accommodated, given the resources
available to the State and the needs of others
with mental disabilities. Stevens, J.,
concurring in part and concurring in the
judgment.
98-536 Concur Olmstead L.C. Stevens,J. ADA
42USC12132 Mental-disabilities
R087.txt 06/22/99 8434 bytes (25 hits)
R087; 6/22/99. Under the Americans with
Disabilities Act of 1990, an employer requiring
as a job qualification that an employee meet an
otherwise applicable federal safety regulation
does not have to justify enforcing the regulation
solely because its standard may be waived
experimentally in an individual case. Syllabus.
98-591 Syllabus Albertsons-Inc. Kirkingburg ADA
Souter,J. Disability Job-qualifications
R087O.txt 06/22/99 52990 bytes (17 hits)
R087-O; 6/22/99. Under the Americans with
Disabilities Act of 1990, an employer requiring
as a job qualification that an employee meet an
otherwise applicable federal safety regulation
does not have to justify enforcing the regulation
solely because its standard may be waived
experimentally in an individual case. Souter,
J., opinion.
98-591 Opinion Albertsons-Inc. Kirkingburg ADA
Souter,J. Disability Job-qualifications
R088.txt 06/22/99 16993 bytes (11 hits)
R088; 6/22/99. Title II of the Americans with
Disabilities Act of 1990 requires States to place
mentally disabled persons in community settings
rather than institutions when the State's
treatment professionals determine that is
appropriate, the transfer is not opposed by the
affected individual, and the placement can be
reasonably accommodated, given the resources
available to the State and the needs of others
with mental disabilities. Syllabus.
98-536 Syllabus Olmstead L.C. Ginsburg,J. ADA
42USC12132 Mental-disabilities
R088B.txt 06/22/99 17614 bytes (10 hits)
R088B; 6/22/99. Title II of the Americans with
Disabilities Act of 1990 requires States to place
mentally disabled persons in community settings
rather than institutions when the State's
treatment professionals determine that is
appropriate, the transfer is not opposed by the
affected individual, and the placement can be
reasonably accommodated, given the resources
available to the State and the needs of others
with mental disabilities. Kennedy, J.,
concurring in the judgment.
98-536 Concur Olmstead L.C. Kennedy,J. ADA
42USC12132 Mental-disabilities
R088C.txt 06/22/99 29742 bytes (15 hits)
R088C; 6/22/99. Title II of the Americans with
Disabilities Act of 1990 requires States to place
mentally disabled persons in community settings
rather than institutions when the State's
treatment professionals determine that is
appropriate, the transfer is not opposed by the
affected individual, and the placement can be
reasonably accommodated, given the resources
available to the State and the needs of others
with mental disabilities. Thomas, J.,
dissenting.
98-536 Dissent Olmstead L.C. Thomas,J. ADA
42USC12132 Mental-disabilities
R088O.txt 06/22/99 53216 bytes (7 hits)
R088-O; 6/22/99. Title II of the Americans with
Disabilities Act of 1990 requires States to place
mentally disabled persons in community settings
rather than institutions when the State's
treatment professionals determine that is
appropriate, the transfer is not opposed by the
affected individual, and the placement can be
reasonably accommodated, given the resources
available to the State and the needs of others
with mental disabilities. Ginsburg, J., opinion.
98-536 Opinion Olmstead L.C. Ginsburg,J. ADA
42USC12132 Mental-disabilities
981509zd.txt 06/18/99 8713 bytes (9 hits)
Columbia Union College v. Edward O. Clark, Jr.,
Et Al.
The petition for a writ of certiorari is denied.
R073.txt 06/18/99 8653 bytes (7 hits)
R073; 6/14/99. 18 U. S. C. §1304, which prohibits
broadcasters from carrying advertising about
privately operated commercial casino gambling,
may not be applied to advertisements of lawful
private casino gambling broadcast by petitioners
in Louisiana, where such gambling is legal.
Syllabus.
98-387 Syllabus Greater-New-Orleans U. S.
Stevens,J. 18USC1304 First-Amdt. Casino-gambling
R073A.txt 06/18/99 2939 bytes (7 hits)
R073A; 6/14/99. 18 U. S. C. §1304, which
prohibits broadcasters from carrying advertising
about privately operated commercial casino
gambling, may not be applied to advertisements of
lawful private casino gambling broadcast by
petitioners in Louisiana, where such gambling is
legal. Rehnquist, C. J., concurring.
98-387 Concur Greater-New-Orleans U. S.
Rehnquist,C.J. 18USC1304 First-Amdt.
Casino-gambling
R073B.txt 06/18/99 1681 bytes (5 hits)
R073B; 6/14/99. 18 U. S. C. §1304, which
prohibits broadcasters from carrying advertising
about privately operated commercial casino
gambling, may not be applied to advertisements of
lawful private casino gambling broadcast by
petitioners in Louisiana, where such gambling is
legal. Thomas, J., concurring
98-387 Concur Greater-New-Orleans U. S.
Thomas,C.J. 18USC1304 First-Amdt. Casino-gambling
R073O.txt 06/18/99 50376 bytes (4 hits)
R073-O; 6/14/99. 18 U. S. C. §1304, which
prohibits broadcasters from carrying advertising
about privately operated commercial casino
gambling, may not be applied to advertisements of
lawful private casino gambling broadcast by
petitioners in Louisiana, where such gambling is
legal. Stevens, J., opinion.
98-387 Opinion Greater-New-Orleans U. S.
Stevens,J. 18USC1304 First-Amdt. Casino-gambling
R074.txt 06/18/99 6118 bytes (7 hits)
R074; 6/14/99. An order imposing sanctions on an
attorney pursuant to Federal Rule of Civil
Procedure 37(a)(4) is not a "final decision"
under 28 U. S. C. §1291, even where the attorney
no longer represents a party in the case.
Syllabus.
98-727 Syllabus Cunningham Hamilton-County
Sanctions Thomas,J. 28USC1291 F.R.Civ.P.37(a)(4)
R074A.txt 06/18/99 3234 bytes (5 hits)
R074A; 6/14/99. An order imposing sanctions on
an attorney pursuant to Federal Rule of Civil
Procedure 37(a)(4) is not a "final decision"
under 28 U. S. C. §1291, even where the attorney
no longer represents a party in the case.
Kennedy, J., concurring.
98-727 Concur Cunningham Hamilton-County
Sanctions Kennedy,J. 28USC1291 F.R.Civ.P.37(a)(4)
R074O.txt 06/18/99 27563 bytes (4 hits)
R074-O; 6/14/99. An order imposing sanctions on
an attorney pursuant to Federal Rule of Civil
Procedure 37(a)(4) is not a "final decision"
under 28 U. S. C. §1291, even where the attorney
no longer represents a party in the case.
Thomas, J., opinion.
98-727 Opinion Cunningham Hamilton-County
Sanctions Thomas,J. 28USC1291 F.R.Civ.P.37(a)(4)
R075.txt 06/18/99 6613 bytes (10 hits)
R075; 6/14/99. The Equal Employment Opportunity
Commission possesses the legal authority to
require federal agencies to pay compensatory
damages when they discriminate in employment in
violation of Title VII of the Civil Rights Act of
1964. Syllabus.
98-238 Syllabus West Gibson 42USC1981 Breyer,J.
Compensatory-damages Govt.-employment
R075A.txt 06/18/99 12765 bytes (8 hits)
R075A; 6/14/99. The Equal Employment Opportunity
Commission possesses the legal authority to
require federal agencies to pay compensatory
damages when they discriminate in employment in
violation of Title VII of the Civil Rights Act of
1964. Kennedy, J., dissenting.
98-238 Dissent West Gibson 42USC1981 Kennedy,J.
Compensatory-damages Govt.-employment
R075O.txt 06/18/99 22980 bytes (6 hits)
R075-O; 6/14/99. The Equal Employment
Opportunity Commission possesses the legal
authority to require federal agencies to pay
compensatory damages when they discriminate in
employment in violation of Title VII of the Civil
Rights Act of 1964. Breyer, J., opinion.
98-238 Opinion West Gibson 42USC1981 Breyer,J.
Compensatory-damages Govt.-employment
R076.txt 06/18/99 6990 bytes (10 hits)
R076; 6/17/99. An investigator employed by
NASA's Inspector General's Office is a
"representative" of NASA when examining a NASA
employee, such that the right to union
representation in the Federal Service
Labor-Management Relations Statute may be
invoked. Syllabus.
98-369 Syllabus NASA FLRA Federal-employees
Inspector-General Stevens,J. Labor
R076A.txt 06/18/99 40075 bytes (4 hits)
R076A; 6/17/99. An investigator employed by
NASA's Inspector General's Office is a
"representative" of NASA when examining a NASA
employee, such that the right to union
representation in the Federal Service
Labor-Management Relations Statute may be
invoked. Thomas, J., dissenting.
98-369 Dissent NASA FLRA Federal-employees
Inspector-General Thomas,J. Labor
R076O.txt 06/18/99 39179 bytes (6 hits)
R076-O; 6/17/99. An investigator employed by
NASA's Inspector General's Office is a
"representative" of NASA when examining a NASA
employee, such that the right to union
representation in the Federal Service
Labor-Management Relations Statute may be
invoked. Stevens, J., opinion.
98-369 Opinion NASA FLRA Federal-employees
Inspector-General Stevens,J. Labor
R077.txt 06/18/99 8117 bytes (8 hits)
R077; 6/17/99. Although petitioner has
demonstrated cause for failing to raise a claim
under Brady v. Maryland, 373 U. S. 83, Virginia
did not violate Brady and its progeny by failing
to disclose exculpatory evidence to petitioner.
Syllabus.
Strickler Greene Syllabus 98-5864 Stevens,J.
Brady-claim Exculpatory-evidence
Failure-to-disclose
R077A.txt 06/18/99 30527 bytes (3 hits)
R077A; 6/17/99. Although petitioner has
demonstrated cause for failing to raise a claim
under Brady v. Maryland, 373 U. S. 83, Virginia
did not violate Brady and its progeny by failing
to disclose exculpatory evidence to petitioner.
Souter, J., concurring in part and dissenting in
part.
Strickler Greene COncur/Dissent 98-5864 Souter,J.
Brady-claim Exculpatory-evidence
Failure-to-disclose
R077O.txt 06/18/99 82328 bytes (4 hits)
R077-O; 6/17/99. Although petitioner has
demonstrated cause for failing to raise a claim
under Brady v. Maryland, 373 U. S. 83, Virginia
did not violate Brady and its progeny by failing
to disclose exculpatory evidence to petitioner.
Stevens, J., opinion.
Strickler Greene Opinion 98-5864 Stevens,J.
Brady-claim Exculpatory-evidence
Failure-to-disclose
R078.txt 06/18/99 6537 bytes (5 hits)
R078; 6/17/99. The Federal District Court had no
authority to issue a preliminary injunction
barring petitioners from disposing of their
assets pending adjudication of respondents'
contract claim for money damages because such a
remedy was unavailable from a court of equity.
Syllabus.
98-231 Syllabus Grupo-Mexicano
Alliance-Bond-Fund Equity-jurisdiction
Injunctions Federal-Courts Scalia,J.
R078A.txt 06/18/99 24673 bytes (3 hits)
R078A; 6/17/99. The Federal District Court had
no authority to issue a preliminary injunction
barring petitioners from disposing of their
assets pending adjudication of respondents'
contract claim for money damages because such a
remedy was unavailable from a court of equity.
Ginsburg, J., dissenting.
98-231 Dissent Grupo-Mexicano Alliance-Bond-Fund
Equity-jurisdiction Injunctions Federal-Courts
Ginsburg,J.
R078O.txt 06/18/99 56776 bytes (3 hits)
R078-O; 6/17/99. The Federal District Court had
no authority to issue a preliminary injunction
barring petitioners from disposing of their
assets pending adjudication of respondents'
contract claim for money damages because such a
remedy was unavailable from a court of equity.
Scalia, J., opinion.
98-231 Opinion Grupo-Mexicano Alliance-Bond-Fund
Equity-jurisdiction Injunctions Federal-Courts
Scalia,J.
R069.txt 06/17/99 10166 bytes (5 hits)
R069; 6/10/99. The harmless-error rule of
Chapman v. California, 386 U. S. 18, applies to a
jury instruction that omits an element of an
offense; materiality is such an element under the
federal mail fraud, wire fraud, and bank fraud
statutes. Syllabus.
Neder U. S. Syllabus 97-1985 Harmless-error Fraud
Rehnquist,C.J. Materiality
R069A.txt 06/17/99 11710 bytes (4 hits)
R069A; 6/10/99. The harmless-error rule of
Chapman v. California, 386 U. S. 18, applies to a
jury instruction that omits an element of an
offense; materiality is such an element under the
federal mail fraud, wire fraud, and bank fraud
statutes. Stevens, J., concurring in part and
concurring in the judgment.
Neder U. S. Concur 97-1985 Harmless-error Fraud
Stevens,J. Materiality
R069B.txt 06/17/99 26493 bytes (3 hits)
R069B; 6/10/99. The harmless-error rule of
Chapman v. California, 386 U. S. 18, applies to a
jury instruction that omits an element of an
offense; materiality is such an element under the
federal mail fraud, wire fraud, and bank fraud
statutes. Scalia, J., concurring in part and
dissenting in part.
Neder U. S. Concur/Dissent 97-1985 Harmless-error
Fraud Scalia,J. Materiality
R069O.txt 06/17/99 55052 bytes (4 hits)
R069-O; 6/10/99. The harmless-error rule of
Chapman v. California, 386 U. S. 18, applies to a
jury instruction that omits an element of an
offense; materiality is such an element under the
federal mail fraud, wire fraud, and bank fraud
statutes. Rehnquist, C. J., opinion.
Neder U. S. Opinion 97-1985 Harmless-error Fraud
Rehnquist, C.J. Materiality
R070.txt 06/17/99 13329 bytes (6 hits)
R070; 6/10/99. Chicago's Gang Congregation
Ordinance, which prohibits "criminal street gang
members" from loitering in public places, is
unconstitutionally vague. Syllabus.
97-1121 Syllabus Chicago Morales Stevens,J.
Gang-congregation Due-process Loitering
R070A.txt 06/17/99 11593 bytes (12 hits)
R070A; 6/10/99. Chicago's Gang Congregation
Ordinance, which prohibits "criminal street gang
members" from loitering in public places, is
unconstitutionally vague. O'Connor, J.,
concurring in part and concurring in the
judgment.
97-1121 Concur Chicago Morales O'Connor,J.
Gang-congregation Due-process Loitering
R070B.txt 06/17/99 2533 bytes (4 hits)
R070B; 6/10/99. Chicago's Gang Congregation
Ordinance, which prohibits "criminal street gang
members" from loitering in public places, is
unconstitutionally vague. Kennedy, J.,
concurring in part and concurring in the
judgment.
97-1121 Concur Chicago Morales Kennedy,J.
Gang-congregation Due-process Loitering
R070C.txt 06/17/99 8415 bytes (4 hits)
R070C; 6/10/99. Chicago's Gang Congregation
Ordinance, which prohibits "criminal street gang
members" from loitering in public places, is
unconstitutionally vague. Breyer, J., concurring
in part and concurring in the judgment.
97-1121 Concur Chicago Morales Breyer,J.
Gang-congregation Due-process Loitering
R070D.txt 06/17/99 68303 bytes (4 hits)
R070D; 6/10/99. Chicago's Gang Congregation
Ordinance, which prohibits "criminal street gang
members" from loitering in public places, is
unconstitutionally vague. Scalia, J.,
dissenting.
97-1121 Dissent Chicago Morales Scalia,J.
Gang-congregation Due-process Loitering
R070E.txt 06/17/99 45793 bytes (2 hits)
R070E; 6/10/99. Chicago's Gang Congregation
Ordinance, which prohibits "criminal street gang
members" from loitering in public places, is
unconstitutionally vague. Thomas, J.,
dissenting.
97-1121 Dissent Chicago Morales Thomas,J.
Gang-congregation Due-process Loitering
R070O.txt 06/17/99 54204 bytes (3 hits)
R070-O; 6/10/99. Chicago's Gang Congregation
Ordinance, which prohibits "criminal street gang
members" from loitering in public places, is
unconstitutionally vague. Stevens, J., opinion.
97-1121 Opinion Chicago Morales Stevens,J.
Gang-congregation Due-process Loitering
R071.txt 06/17/99 12767 bytes (3 hits)
R071; 6/10/99. Petitioner's Confrontation Clause
rights were violated by the introduction, at his
criminal trial, of his accomplice's confession,
which incriminated petitioner for murder; the
case is remanded for a determination whether that
error was harmless. Syllabus.
98-5881
R071A.txt 06/17/99 7760 bytes (5 hits)
R071A; 6/10/99. Petitioner's Confrontation Clause
rights were violated by the introduction, at his
criminal trial, of his accomplice's confession,
which incriminated petitioner for murder; the
case is remanded for a determination whether that
error was harmless. Breyer, J., concurring.
Lilly Virginia ConfrontationClause Concur
Harmless-error Stevens,J. Sixth-Amdt.
R071B.txt 06/17/99 1757 bytes (4 hits)
R071B; 6/10/99. Petitioner's Confrontation Clause
rights were violated by the introduction, at his
criminal trial, of his accomplice's confession,
which incriminated petitioner for murder; the
case is remanded for a determination whether that
error was harmless. Scalia, J., concurring in
part and concurring in the judgment.
Lilly Virginia ConfrontationClause Concur
Harmless-error Scalia,J. Sixth-Amdt.
R071C.txt 06/17/99 2181 bytes (3 hits)
R071C; 6/10/99. Petitioner's Confrontation Clause
rights were violated by the introduction, at his
criminal trial, of his accomplice's confession,
which incriminated petitioner for murder; the
case is remanded for a determination whether that
error was harmless. Thomas, J., concurring in
part and concurring in the judgment.
Lilly Virginia ConfrontationClause Concur
Harmless-error Thomas,J. Sixth-Amdt.
R071D.txt 06/17/99 14904 bytes (2 hits)
R071D; 6/10/99. Petitioner's Confrontation Clause
rights were violated by the introduction, at his
criminal trial, of his accomplice's confession,
which incriminated petitioner for murder; the
case is remanded for a determination whether that
error was harmless. Rehnquist, C. J., concurring
in the judgment.
Lilly Virginia ConfrontationClause Concur
Harmless-error Rehnquist,C.J. Sixth-Amdt.
R071O.txt 06/17/99 51872 bytes (4 hits)
R071-O; 6/10/99. Petitioner's Confrontation
Clause rights were violated by the introduction,
at his criminal trial, of his accomplice's
confession, which incriminated petitioner for
murder; the case is remanded for a determination
whether that error was harmless. Stevens, J.,
opinion.
Lilly Virginia ConfrontationClause Opinion
Harmless-error Stevens,J. Sixth-Amdt.
R072.txt 06/17/99 5732 bytes (5 hits)
R072; 6/10/99. The Federal Circuit must use the
Administrative Procedure Act's standard of
review, see 5 U. S. C. §706, not Federal Rule of
Civil Procedure 52(a)'s standard, when reviewing
Patent and Trademark Office factual findings.
Syllabus.
98-377 Syllabus Dickinson Zurko Patents APA
5USC706 Breyer,J.
R072A.txt 06/17/99 4952 bytes (4 hits)
R072A; 6/10/99. The Federal Circuit must use the
Administrative Procedure Act's standard of
review, see 5 U. S. C. §706, not Federal Rule of
Civil Procedure 52(a)'s standard, when reviewing
Patent and Trademark Office factual findings.
Rehnquist, C. J., dissenting.
98-377 Dissent Dickinson Zurko Patents APA
5USC706 Rehnquist,C.J.
R066.txt 06/04/99 6638 bytes (16 hits)
R066; 6/1/99. A jury in a continuing criminal
enterprise case under 21 U. S. C. §848 must
unanimously agree not only that the defendant
committed some "continuing series of violations,"
but also about which specific "violations" make
up that "continuing series." Syllabus.
Richardson U. S. Syllabus 97-8629 21USC848
Breyer,J. CCE Jury-unanimity
R066A.txt 06/04/99 29485 bytes (5 hits)
R066A; 6/1/99. A jury in a continuing criminal
enterprise case under 21 U. S. C. §848 must
unanimously agree not only that the defendant
committed some "continuing series of violations,"
but also about which specific "violations" make
up that "continuing series." Kennedy, J.,
dissenting.
Richardson U. S. Dissent 97-8629 21USC848
Kennedy,J. CCE Jury-unanimity
R066O.txt 06/04/99 24484 bytes (6 hits)
R066-O; 6/1/99. A jury in a continuing criminal
enterprise case under 21 U. S. C. §848 must
unanimously agree not only that the defendant
committed some "continuing series of violations,"
but also about which specific "violations" make
up that "continuing series." Breyer, J.,
opinion.
Richardson U. S. Opinion 97-8629 21USC848
Breyer,J. CCE Jury-unanimity
R059.txt 05/28/99 8133 bytes (18 hits)
R059; 5/24/99. A "media ride-along" in a home
violates the Fourth Amendment, but because the
state of the law was not clearly established at
the time the entry of petitioners' home took
place, respondent officers are entitled to
qualified immunity. Syllabus.
98-83 Syllabus Wilson Layne Rehnquist,C.J.
Fourth-Amdt. Media-ride-along Immunity
R059A.txt 05/28/99 24758 bytes (6 hits)
R059A; 5/24/99. A "media ride-along" in a home
violates the Fourth Amendment, but because the
state of the law was not clearly established at
the time the entry of petitioners' home took
place, respondent officers are entitled to
qualified immunity. Stevens, J., concurring in
part and dissenting in part.
98-83 Concur/Dissent Wilson LayneStevens,J.
Fourth-Amdt. Media-ride-along Immunity
R059O.txt 05/28/99 31432 bytes (8 hits)
R059-O; 5/24/99. A "media ride-along" in a home
violates the Fourth Amendment, but because the
state of the law was not clearly established at
the time the entry of petitioners' home took
place, respondent officers are entitled to
qualified immunity. Rehnquist, C. J., opinion.
98-83 Opinion Wilson Layne Rehnquist,C.J.
Fourth-Amdt. Media-ride-along Immunity
R060.txt 05/28/99 11127 bytes (10 hits)
R060; 5/24/99. A private Title IX damages action
may lie against a school board for
student-on-student harassment where the board is
deliberately indifferent to known sexual
harassment that is so severe, pervasive, and
objectively offensive that it effectively bars
the victim's access to educational opportunities
or benefits. Syllabus.
97-843 Syllabus Davis Monroe-Cty.-Bd.-of-Ed.
Sex-harassment
R060A.txt 05/28/99 76627 bytes (10 hits)
R060A; 5/24/99. A private Title IX damages
action may lie against a school board for
student-on-student harassment where the board is
deliberately indifferent to known sexual
harassment that is so severe, pervasive, and
objectively offensive that it effectively bars
the victim's access to educational opportunities
or benefits. Kennedy, J., dissenting.
97-843 Dissent Davis Monroe-Cty.-Bd.-of-Ed.
Sex-harassment Student-harassment Kennedy,J.
Title-IX
R060O.txt 05/28/99 53746 bytes (9 hits)
R060-O; 5/24/99. A private Title IX damages
action may lie against a school board for
student-on-student harassment where the board is
deliberately indifferent to known sexual
harassment that is so severe, pervasive, and
objectively offensive that it effectively bars
the victim's access to educational opportunities
or benefits. O'Connor, J., opinion.
97-843 Opinion Davis Monroe-Cty.-Bd.-of-Ed.
Sex-harassment Student-harassment O'Connor,J.
Title-IX
R061.txt 05/28/99 19252 bytes (6 hits)
R061; 5/24/99. The District Court properly
submitted the question of liability on
respondents' sec. 1983 regulatory takings claim
to the jury. Syllabus.
97-1235
R061A.txt 05/28/99 26451 bytes (10 hits)
R061A; 5/24/99. The District Court properly
submitted the question of liability on
respondents' sec. 1983 regulatory takings claim
to the jury. Scalia, J., concurring in part and
concurring in the judgment.
Monterey Del-Monte-Dunes Scalia,J. Takings-Clause
Regulatory-taking 42USC1983
R061B.txt 05/28/99 58715 bytes (6 hits)
R061B; 5/24/99. The District Court properly
submitted the question of liability on
respondents' sec. 1983 regulatory takings claim
to the jury. Souter, J., concurring in part and
dissenting in part.
Monterey Del-Monte-Dunes Souter,J. Takings-Clause
Regulatory-taking 42USC1983 Concur/Dissent
R061O.txt 05/28/99 69236 bytes (6 hits)
R061-O; 5/24/99. The District Court properly
submitted the question of liability on
respondents' sec. 1983 regulatory takings claim
to the jury. Kennedy, J., opinion.
Monterey Del-Monte-Dunes Kennedy,J.
Takings-Clause Regulatory-taking 42USC1983
Opinion
R062.txt 05/28/99 8328 bytes (5 hits)
R062; 5/24/99. The FTC's jurisdiction extends to
an association that provides substantial economic
benefit to its for-profit members; because the
anticompetitive effects of petitioner's
advertising restrictions were not intuitively
obvious, the Ninth Circuit erred in using an
abbreviated rule-of-reason analysis to determine
whether the restrictions violated antitrust laws.
Syllabus.
97-1625 Syllabus FTC California-Dental-Assn.
Antitrust Rule-of-reason Jurisdiction Souter,J.
R062A.txt 05/28/99 31408 bytes (3 hits)
R062A; 5/24/99. The FTC's jurisdiction extends
to an association that provides substantial
economic benefit to its for-profit members;
because the anticompetitive effects of
petitioner's advertising restrictions were not
intuitively obvious, the Ninth Circuit erred in
using an abbreviated rule-of-reason analysis to
determine whether the restrictions violated
antitrust laws. Breyer, J., concurring in part
and dissenting in part.
97-1625 Concur/Dissent FTC California-Dental-Assn
. Antitrust Rule-of-reason Jurisdiction Breyer,J.
R062O.txt 05/28/99 57013 bytes (7 hits)
R062-O; 5/24/99. The FTC's jurisdiction extends
to an association that provides substantial
economic benefit to its for-profit members;
because the anticompetitive effects of
petitioner's advertising restrictions were not
intuitively obvious, the Ninth Circuit erred in
using an abbreviated rule-of-reason analysis to
determine whether the restrictions violated
antitrust laws. Souter, J., opinion.
97-1625 Opinion FTC California-Dental-Assn.
Antitrust Rule-of-reason Jurisdiction Souter,J.
R063.txt 05/28/99 6500 bytes (10 hits)
R063; 5/24/99. Pursuit, and receipt, of Social
Security disability benefits does not estop a
recipient from pursuing an Americans with
Disability Act claim or set up a strong
presumption against ADA success, but the
recipient must explain why her Social Security
claim that she is unable to work is consistent
with her ADA claim that she can perform her job's
essential functions. Syllabus.
Cleveland Policy-Mangement-Systems Syllabus
97-1008 Breyer,J. ADA Disability Social-Security
R063O.txt 05/28/99 25290 bytes (13 hits)
R063-O; 5/24/99. Pursuit, and receipt, of Social
Security disability benefits does not estop a
recipient from pursuing an Americans with
Disability Act claim or set up a strong
presumption against ADA success, but the
recipient must explain why her Social Security
claim that she is unable to work is consistent
with her ADA claim that she can perform her job's
essential functions. Breyer, J., opinion.
Cleveland Policy-Mangement-Systems Opinion
97-1008 Breyer,J. ADA Disability Social-Security
R064.txt 05/28/99 3620 bytes (7 hits)
R064; 5/24/99. Because respondent homeowners
allege a Fourth Amendment violation under today's
decision in Wilson v. Layne, but petitioner
officers are entitled to a qualified immunity
defense, the Ninth Circuit's judgment for
respondents is vacated. Per Curiam.
97-1927 PerCuriam Hanlon Berger Media-ride-along
Immunity Fourth-Amdt Wilson-v.-Layne
R064A.txt 05/28/99 1303 bytes (9 hits)
R064A; 5/24/99. Because respondent homeowners
allege a Fourth Amendment violation under today's
decision in Wilson v. Layne, but petitioner
officers are entitled to a qualified immunity
defense, the Ninth Circuit's judgment for
respondents is vacated. Stevens, J., concurring
in part and dissenting in part.
97-1927 Concur/Dissent Hanlon Berger
Media-ride-along Immunity Fourth-Amdt. Stevens,J.
R065.txt 05/28/99 3957 bytes (7 hits)
R065; 5/24/99. Abusive filer is denied leave to
proceed in forma pauperis on all future
certiorari petitions in noncriminal cases. Per
Curiam.
PerCuriam 98-8486 98-8487 Cross
Pelican-Bay-State-Prison IFP Abusive-filings
Frivolous
R053.txt 05/25/99 7623 bytes (7 hits)
R053; 5/17/99. California's durational residency
requirement-which limits new residents to the
welfare benefit level paid in the State of their
former residence-violates the right to travel
guaranteed by the Fourteenth Amendment; its
constitutionality is not resuscitated by a change
in federal welfare law. Syllabus.
98-97 Syllabus Saenz Roe Stevens,J.
Right-to-travel Welfare California
R053A.txt 05/25/99 25154 bytes (6 hits)
R053A; 5/17/99. California's durational
residency requirement-which limits new residents
to the welfare benefit level paid in the State of
their former residence-violates the right to
travel guaranteed by the Fourteenth Amendment;
its constitutionality is not resuscitated by a
change in federal welfare law. Rehnquist, C. J.,
dissenting.
98-97 Dissent Saenz Roe Rehnquist,C.J.
Right-to-travel Welfare California
R053B.txt 05/25/99 19210 bytes (3 hits)
R053B; 5/17/99. California's durational
residency requirement-which limits new residents
to the welfare benefit level paid in the State of
their former residence-violates the right to
travel guaranteed by the Fourteenth Amendment;
its constitutionality is not resuscitated by a
change in federal welfare law. Thomas, J.,
dissenting.
98-97 Dissent Saenz Roe Thomas,J.
Right-to-travel Welfare California
R053O.txt 05/25/99 48537 bytes (4 hits)
R053-O; 5/17/99. California's durational
residency requirement-which limits new residents
to the welfare benefit level paid in the State of
their former residence-violates the right to
travel guaranteed by the Fourteenth Amendment;
its constitutionality is not resuscitated by a
change in federal welfare law. Stevens, J.,
opinion.
98-97 Opinion Saenz Roe Stevens,J.
Right-to-travel Welfare California
R054.txt 05/25/99 7102 bytes (4 hits)
R054; 5/17/99. Because the Court of Appeals Armed
Forces' process was neither "in aid of" its
strictly circumscribed jurisdiction to review
court-martials under 10 U. S. C. §867 nor
"necessary" or "appropriate" in light of a
servicemember's alternative opportunities to seek
relief, it lacked jurisdiction to enjoin dropping
respondent from the Air Force rolls. Syllabus.
98-347 Syllabus Clinton Goldsmith 10USC867
Souter,J. Ct.App.ArmedForces All-Writs-Act
R054O.txt 05/25/99 25814 bytes (4 hits)
R054-O; 5/17/99. Because the Court of Appeals
Armed Forces' process was neither "in aid of" its
strictly circumscribed jurisdiction to review
court-martials under 10 U. S. C. §867 nor
"necessary" or "appropriate" in light of a
servicemember's alternative opportunities to seek
relief, it lacked jurisdiction to enjoin dropping
respondent from the Air Force rolls. Souter, J.,
opinion.
98-347 Opinion Clinton Goldsmith 10USC867
Souter,J. Ct.App.ArmedForces All-Writs-Act
R055.txt 05/25/99 5580 bytes (4 hits)
R055; 5/17/99. Because the North Carolina
General Assembly's motivation in drawing the
State's Twelfth Congressional District was in
dispute, appellees were not entitled to summary
judgment on their claim that the district was a
racial gerrymander that violated equal
protection. Syllabus.
98-85 Syllabus Hunt Cromartie Thomas,J.
North-Carolina Redistricting Equal-protection
R055A.txt 05/25/99 10355 bytes (4 hits)
R055A; 5/17/99. Because the North Carolina
General Assembly's motivation in drawing the
State's Twelfth Congressional District was in
dispute, appellees were not entitled to summary
judgment on their claim that the district was a
racial gerrymander that violated equal
protection. Stevens, J., concurring in the
judgment.
98-85 Concur Hunt Cromartie Stevens,J.
North-Carolina Redistricting Equal-protection
R055O.txt 05/25/99 30300 bytes (3 hits)
R055-O; 5/17/99. Because the North Carolina
General Assembly's motivation in drawing the
State's Twelfth Congressional District was in
dispute, appellees were not entitled to summary
judgment on their claim that the district was a
racial gerrymander that violated equal
protection. Thomas, J., opinion.
98-85 Opinion Hunt Cromartie Thomas,J.
North-Carolina Redistricting Equal-protection
R056.txt 05/25/99 4651 bytes (11 hits)
R056; 5/17/99. The Fourth Amendment does not
require the police to obtain a warrant before
seizing an automobile from a public place when
they have probable cause to believe that it is
forfeitable contraband. Syllabus.
98-223 Syllabus Florida White Fourth-Amdt.
Thomas,J. Seizures Criminal-law
R056A.txt 05/25/99 2480 bytes (6 hits)
R056A; 5/17/99. The Fourth Amendment does not
require the police to obtain a warrant before
seizing an automobile from a public place when
they have probable cause to believe that it is
forfeitable contraband. Souter, J., concurring.
98-223 Concur Florida White Fourth-Amdt.
Souter,J. Seizures Criminal-law
R056B.txt 05/25/99 17950 bytes (4 hits)
R056B; 5/17/99. The Fourth Amendment does not
require the police to obtain a warrant before
seizing an automobile from a public place when
they have probable cause to believe that it is
forfeitable contraband. Stevens, J., dissenting.
98-223 Dissent Florida White Fourth-Amdt.
Stevens,J. Seizures Criminal-law
R056O.txt 05/25/99 15048 bytes (7 hits)
R056-O; 5/17/99. The Fourth Amendment does not
require the police to obtain a warrant before
seizing an automobile from a public place when
they have probable cause to believe that it is
forfeitable contraband. Thomas, J., opinion.
98-223 Opinion Florida White Fourth-Amdt.
Thomas,J. Seizures Criminal-law
R057.txt 05/25/99 9226 bytes (4 hits)
R057; 5/17/99. In cases removed from state court
to federal court, as in cases originating in
federal court, there is no unyielding
jurisdictional hierarchy requiring the federal
court to adjudicate subject-matter jurisdiction
before considering a challenge to personal
jurisdiction. Syllabus.
98-470 Syllabus Ruhrgas-AG Marathon-Oil-Co.
Ginsburg,J. Jurisdiction Removal Steel-Co.
R057O.txt 05/25/99 30280 bytes (3 hits)
R057-O; 5/17/99. In cases removed from state
court to federal court, as in cases originating
in federal court, there is no unyielding
jurisdictional hierarchy requiring the federal
court to adjudicate subject-matter jurisdiction
before considering a challenge to personal
jurisdiction. Ginsburg, J., opinion.
98-470
R058.txt 05/25/99 28845 bytes (4 hits)
R058; 5/17/99. New Jersey is granted sovereignty
over unfilled portions of Ellis Island added by
the Federal Government after 1834, New York
remains sovereign under the Compact of 1834 over
the original Ellis Island, and the two States'
sovereign boundaries are set forth. Decree.
98-470
R050.txt 05/07/99 8898 bytes (11 hits)
R050; 5/3/99. In requiring the Board of
Immigration Appeals to supplement its weighing
test for determining an alien's entitlement to
withholding of deportation, the Ninth Circuit
failed to accord Chevron deference to the BIA's
interpretation of 8 U. S. C. 1253(h)(2)(C).
Syllabus.
INS Aguirre-Aguirre Syllabus 97-1754
Chevron-analysis Kennedy,J. Immigration
8USC1253(h)(2)(C)
R050O.txt 05/07/99 36790 bytes (4 hits)
R050-O; 5/3/99. In requiring the Board of
Immigration Appeals to supplement its weighing
test for determining an alien's entitlement to
withholding of deportation, the Ninth Circuit
failed to accord Chevron deference to the BIA's
interpretation of 8 U. S. C. 1253(h)(2)(C).
Kennedy, J., opinion.
INS Aguirre-Aguirre Opinion 97-1754
Chevron-analysis Kennedy,J. Immigration
8USC1253(h)(2)(C)
R051.txt 05/07/99 9253 bytes (5 hits)
R051; 5/3/99. 11 U. S. C. 1129(b)(2)(B)(ii)
disqualifies a debtor's prebankruptcy equity
holders, over the objection of a senior class of
impaired creditors, from contributing new capital
and receiving ownership interests in the
reorganized entity, when that opportunity is
given exclusively to such holders under a plan
adopted without consideration of alternatives.
Syllabus.
97-1418 Syllabus Bank-of-America
203-North-LaSalle-St. Souter,J. Bankruptcy
11USC1129(b)(2)(B)(ii) New-value
R051A.txt 05/07/99 13932 bytes (4 hits)
R051A; 5/3/99. 11 U. S. C. 1129(b)(2)(B)(ii)
disqualifies a debtor's prebankruptcy equity
holders, over the objection of a senior class of
impaired creditors, from contributing new capital
and receiving ownership interests in the
reorganized entity, when that opportunity is
given exclusively to such holders under a plan
adopted without consideration of alternatives.
Thomas, J., concurring in the judgment.
97-1418 Concur Bank-of-America 203-North-LaSalle-
St. Thomas,J. Bankruptcy 11USC1129(b)(2)(B)(ii)
New-value
R051B.txt 05/07/99 22490 bytes (3 hits)
R051B; 5/3/99. 11 U. S. C. 1129(b)(2)(B)(ii)
disqualifies a debtor's prebankruptcy equity
holders, over the objection of a senior class of
impaired creditors, from contributing new capital
and receiving ownership interests in the
reorganized entity, when that opportunity is
given exclusively to such holders under a plan
adopted without consideration of alternatives.
Stevens, J., dissenting.
97-1418 Dissent Bank-of-America
203-North-LaSalle-St. Stevens,J. Bankruptcy
11USC1129(b)(2)(B)(ii) New-value
R051O.txt 05/07/99 56820 bytes (4 hits)
R051-O; 5/3/99. 11 U. S. C. 1129(b)(2)(B)(ii)
disqualifies a debtor's prebankruptcy equity
holders, over the objection of a senior class of
impaired creditors, from contributing new capital
and receiving ownership interests in the
reorganized entity, when that opportunity is
given exclusively to such holders under a plan
adopted without consideration of alternatives.
Souter, J., opinion.
97-1418 Opinion Bank-of-America
203-North-LaSalle-St. Souter,J. Bankruptcy
11USC1129(b)(2)(B)(ii) New-value
R052.txt 05/07/99 7451 bytes (6 hits)
R052; 5/3/99. Because respondents did not
cross-appeal the District Court's partial
injunctions against them, the Ninth Circuit erred
in addressing them sua sponte; the tribal court
exhaustion doctrine does not extend to
Price-Anderson Act claims. Syllabus.
El-Paso-Natural-Gas-Co. Neztsosie Syllabus 98-6
Souter,J. Price-Anderson-Act Tribal-exhaustion
Cross-appeals
R052O.txt 05/07/99 32266 bytes (6 hits)
R052-O; 5/3/99. Because respondents did not
cross-appeal the District Court's partial
injunctions against them, the Ninth Circuit erred
in addressing them sua sponte; the tribal court
exhaustion doctrine does not extend to
Price-Anderson Act claims. Souter, J., opinion.
El-Paso-Natural-Gas-Co. Neztsosie Opinion 98-6
Souter,J. Price-Anderson-Act Tribal-exhaustion
Cross-appeals
R049.txt 05/03/99 6992 bytes (9 hits)
R049; 4/27/99. In order to establish an illegal
gratuity in violation of 18 U. S. C.
§201(c)(1)(A), the Government must prove a link
between a thing of value conferred upon a federal
official and a specific "official act" for or
because of which it was given. Syllabus.
U. S. Sun-Diamond-Growers Syllabus 98-131
18USC201(c)(1)(A) Illegal-gratuity Scalia,J.
Criminal-law
R049O.txt 05/03/99 35591 bytes (7 hits)
R049-O; 4/27/99. In order to establish an illegal
gratuity in violation of 18 U. S. C.
§201(c)(1)(A), the Government must prove a link
between a thing of value conferred upon a federal
official and a specific "official act" for or
because of which it was given. Scalia, J.,
opinion.
U. S. Sun-Diamond-Growers Opinion 98-131
18USC201(c)(1)(A) Illegal-gratuity Scalia,J.
Criminal-law
R047.txt 04/23/99 12888 bytes (12 hits)
R047; 4/20/99. California's "notice-prejudice"
rule is a "law . . . which regulates insurance"
that is saved from pre-emption by ERISA; but the
State's rule deeming an employer administering a
health plan the insurer's agent "relate[s] to"
ERISA plans and does not escape pre-emption.
Syllabus.
UNUM-Life-Ins.-Co.
R047O.txt 04/23/99 43144 bytes (7 hits)
R047-O; 4/20/99. California's "notice-prejudice"
rule is a "law . . . which regulates insurance"
that is saved from pre-emption by ERISA; but the
State's rule deeming an employer administering a
health plan the insurer's agent "relate[s] to"
ERISA plans and does not escape pre-emption.
Ginsburg, J., opinion.
UNUM-Life-Ins.-Co.
R048.txt 04/23/99 9752 bytes (7 hits)
R048; 4/21/99. A customs classification
regulation is subject to Chevron analysis; if the
regulation is a reasonable interpretation and
implementation of an ambiguous statutory
provision, it must be given judicial deference.
Syllabus.
97-2044 Syllabus U. S. Haggar-Apparel-Co. Customs
Kennedy,J. Chevron-analysis Deference
R048A.txt 04/23/99 5036 bytes (5 hits)
R048A; 4/21/99. A customs classification
regulation is subject to Chevron analysis; if the
regulation is a reasonable interpretation and
implementation of an ambiguous statutory
provision, it must be given judicial deference.
Stevens, J., concurring in part and dissenting in
part.
97-2044 Concur/Dissent U. S. Haggar-Apparel-Co.
Customs Stevens,J. Chevron-analysis Deference
R048O.txt 04/23/99 29805 bytes (5 hits)
R048-O; 4/21/99. A customs classification
regulation is subject to Chevron analysis; if the
regulation is a reasonable interpretation and
implementation of an ambiguous statutory
provision, it must be given judicial deference.
Kennedy, J., opinion.
97-2044 Opinion U. S. Haggar-Apparel-Co. Customs
Kennedy,J. Chevron-analysis Deference
98966zd.txt 04/01/99 4930 bytes (16 hits)
City of Dallas Et Al. v. Dallas Fire Fighters
Association Et Al.
On petition for Writ of Certiorari to the United
States Court of Appeals for the Fifth Circuit
No. 98-966 Decided March 29, 1999
R041.txt 04/01/99 3820 bytes (15 hits)
R041; 3/29/99. Abusive filer of frivolous
petitions is denied in forma pauperis status on
these and future petitions for certiorari or
extraordinary writs in noncriminal matters. Per
Curiam.
98-7591 PerCuriam Lowe Pogue Abusive-filings
R042.txt 04/01/99 5008 bytes (17 hits)
R042; 3/30/99. Venue in a prosecution for using
or carrying a firearm during and in relation to
any crime of violence is proper in any district
where the crime of violence was committed.
Syllabus.
97-1139 Syllabus U. S. Rodriguez-Moreno Venue
Thomas,J. Criminal-law 18USC924(c)(1)
R042A.txt 04/01/99 8443 bytes (9 hits)
R042A; 3/30/99. Venue in a prosecution for using
or carrying a firearm during and in relation to
any crime of violence is proper in any district
where the crime of violence was committed.
Scalia, J., dissenting.
97-1139 Dissent U. S. Rodriguez-Moreno Venue
Scalia,J. Criminal-law 18USC924(c)(1)
R042O.txt 04/01/99 16070 bytes (7 hits)
R042-O; 3/30/99. Venue in a prosecution for
using or carrying a firearm during and in
relation to any crime of violence is proper in
any district where the crime of violence was
committed. Opinion.
97-1139 Opinion U. S. Rodriguez-Moreno Venue
Thomas,J. Criminal-law 18USC924(c)(1)
R035.txt 03/26/99 10087 bytes (10 hits)
R035; 3/22/99. The Ohio Supreme Court's
invalidation of a state law exempting public
universities' standards for professors'
instructional workloads from collective
bargaining cannot be reconciled with Equal
Protection Clause requirements. Per Curiam.
98-1071
R035A.txt 03/26/99 2756 bytes (5 hits)
R035A; 3/22/99. The Ohio Supreme Court's
invalidation of a state law exempting public
universities' standards for professors'
instructional workloads from collective
bargaining cannot be reconciled with Equal
Protection Clause requirements. Ginsburg, J.,
concurring.
98-1071
R035B.txt 03/26/99 11619 bytes (5 hits)
R035B; 3/22/99. The Ohio Supreme Court's
invalidation of a state law exempting public
universities' standards for professors'
instructional workloads from collective
bargaining cannot be reconciled with Equal
Protection Clause requirements. Stevens, J.,
dissenting.
98-1071
R036.txt 03/26/99 3216 bytes (7 hits)
R036; 3/22/99. Abusive filer of frivolous
petitions is denied in forma pauperis status on
this and future petitions for certiorari or
extraordinary writs in noncriminal matters. Per
Curiam.
98-7450
R037.txt 03/26/99 11057 bytes (12 hits)
R037; 3/23/99. The reliability rules set forth
in Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U. S. 579, may apply to the testimony of
engineers and other nonscientists who are expert
witnesses under Federal Rule of Evidence 702.
Syllabus.
97-1709
R037A.txt 03/26/99 1690 bytes (11 hits)
R037-O; 3/23/99. The reliability rules set forth
in Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U. S. 579, may apply to the testimony of
engineers and other nonscientists who are expert
witnesses under Federal Rule of Evidence 702.
Breyer, J., opinion.
97-1709
R037B.txt 03/26/99 2484 bytes (10 hits)
R037B; 3/23/99. The reliability rules set forth
in Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U. S. 579, may apply to the testimony of
engineers and other nonscientists who are expert
witnesses under Federal Rule of Evidence 702.
Stevens, J., concurring in part and dissenting in
part.
97-1709
R037O.txt 03/26/99 42523 bytes (7 hits)
R037-O; 3/23/99. The reliability rules set forth
in Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U. S. 579, may apply to the testimony of
engineers and other nonscientists who are expert
witnesses under Federal Rule of Evidence 702.
Breyer, J., opinion.
97-1709
R038.txt 03/26/99 6561 bytes (5 hits)
R038; 3/23/99. The Alabama Supreme Court's
refusal to permit petitioners to raise their
constitutional claims because of res judicata or
collateral estoppel is inconsistent with the
Fourteenth Amendment's due process guarantee; the
state franchise tax on foreign corporations
discriminates against interstate commerce, in
violation of the Commerce Clause. Syllabus.
97-2045
R038A.txt 03/26/99 1267 bytes (6 hits)
R038A; 3/23/99. The Alabama Supreme Court's
refusal to permit petitioners to raise their
constitutional claims because of res judicata or
collateral estoppel is inconsistent with the
Fourteenth Amendment's due process guarantee; the
state franchise tax on foreign corporations
discriminates against interstate commerce, in
violation of the Commerce Clause. O'Connor, J.,
concurring.
97-2045
R038B.txt 03/26/99 1198 bytes (5 hits)
R038B; 3/23/99. The Alabama Supreme Court's
refusal to permit petitioners to raise their
constitutional claims because of res judicata or
collateral estoppel is inconsistent with the
Fourteenth Amendment's due process guarantee; the
state franchise tax on foreign corporations
discriminates against interstate commerce, in
violation of the Commerce Clause. Thomas, J.,
concurring.
97-2045
R038O.txt 03/26/99 23063 bytes (5 hits)
R038-O; 3/23/99. The Alabama Supreme Court's
refusal to permit petitioners to raise their
constitutional claims because of res judicata or
collateral estoppel is inconsistent with the
Fourteenth Amendment's due process guarantee; the
state franchise tax on foreign corporations
discriminates against interstate commerce, in
violation of the Commerce Clause. Breyer, J.,
opinion.
97-2045
R039.txt 03/26/99 9799 bytes (8 hits)
R039; 3/24/99. The Chippewa Indians retain
hunting, fishing, and gathering rights on land in
present-day Minnesota that they ceded to the
United States in an 1837 Treaty. Syllabus.
97-1337
R039A.txt 03/26/99 29917 bytes (5 hits)
R039A; 3/24/99. The Chippewa Indians retain
hunting, fishing, and gathering rights on land in
present-day Minnesota that they ceded to the
United States in an 1837 Treaty. Rehnquist, C.
J., dissenting.
97-1337
R039B.txt 03/26/99 15636 bytes (4 hits)
R039B; 3/24/99. The Chippewa Indians retain
hunting, fishing, and gathering rights on land in
present-day Minnesota that they ceded to the
United States in an 1837 Treaty. Thomas, J.,
dissenting.
97-1337
R039O.txt 03/26/99 78210 bytes (6 hits)
R039-O; 3/24/99. The Chippewa Indians retain
hunting, fishing, and gathering rights on land in
present-day Minnesota that they ceded to the
United States in an 1837 Treaty. O'Connor, J.,
opinion.
97-1337
R040.txt 03/26/99 7525 bytes (7 hits)
R040; 3/24/99. The federal carjacking statute,
18 U. S. C. §2119, establishes not a single crime
with a choice of three maximum penalties but
three distinct offenses, each of which must be
charged by indictment, proved beyond a reasonable
doubt, and submitted to a jury for verdict.
Syllabus.
97-6203
R040A.txt 03/26/99 2816 bytes (4 hits)
R040A; 3/24/99. The federal carjacking statute,
18 U. S. C. §2119, establishes not a single crime
with a choice of three maximum penalties but
three distinct offenses, each of which must be
charged by indictment, proved beyond a reasonable
doubt, and submitted to a jury for verdict.
Stevens, J., concurring.
97-6203
R040B.txt 03/26/99 1441 bytes (4 hits)
R040B; 3/24/99. The federal carjacking statute,
18 U. S. C. §2119, establishes not a single crime
with a choice of three maximum penalties but
three distinct offenses, each of which must be
charged by indictment, proved beyond a reasonable
doubt, and submitted to a jury for verdict.
Scalia, J., concurring.
97-6203
R040C.txt 03/26/99 46586 bytes (4 hits)
R040C; 3/24/99. The federal carjacking statute,
18 U. S. C. §2119, establishes not a single crime
with a choice of three maximum penalties but
three distinct offenses, each of which must be
charged by indictment, proved beyond a reasonable
doubt, and submitted to a jury for verdict.
Kennedy, J., dissenting.
97-6203
R040O.txt 03/26/99 59801 bytes (6 hits)
R040-O; 3/24/99. The federal carjacking statute,
18 U. S. C. §2119, establishes not a single crime
with a choice of three maximum penalties but
three distinct offenses, each of which must be
charged by indictment, proved beyond a reasonable
doubt, and submitted to a jury for verdict.
Souter, J., opinion.
97-6203
952074C1.TXT 03/18/99 19852 bytes (14 hits)
City of Boerne, Petitioner v. P.F. Flores,
Archbishop of San Antonio, and United States
On Writ of Certiorari to the United States Court
of Appeals for the Fifth Circuit. June 25, 1997.
Justice Scalia, concurring.
952074D1.TXT 03/18/99 2943 bytes (7 hits)
City of Boerne, Petitioner v. P.F. Flores,
Archbishop of San Antonio, and United States
On Writ of Certiorari to the United States Court
of Appeals for the Fifth Circuit. June 25, 1997.
Justice Souter, dissenting.
952074D2.TXT 03/18/99 1686 bytes (6 hits)
City of Boerne, Petitioner v. P.F. Flores,
Archbishop of San Antonio, and United States
On Writ of Certiorari to the United States Court
of Appeals for the Fifth Circuit. June 25, 1997.
Justice Breyer, dissenting.
952074ZC.TXT 03/18/99 1842 bytes (6 hits)
City of Boerne, Petitioner v. P.F. Flores,
Archbishop of San Antonio, and United States
On Writ of Certiorari to the United States Court
of Appeals for the Fifth Circuit. June 25, 1997.
Justice Stevens, concurring.
952074ZD.TXT 03/18/99 48459 bytes (5 hits)
City of Boerne, Petitioner v. P.F. Flores,
Archbishop of San Antonio, and United States
On Writ of Certiorari to the United States Court
of Appeals for the Fifth Circuit. June 25, 1997.
Justice O'Connor, dissenting.
952074ZO.TXT 03/18/99 60669 bytes (5 hits)
City of Boerne, Petitioner v. P.F. Flores,
Archbishop of San Antonio, and United States
On Writ of Certiorari to the United States Court
of Appeals for the Fifth Circuit. June 25, 1997.
Justice Kennedy, opinion.
952074ZS.TXT 03/18/99 10308 bytes (5 hits)
City of Boerne, Petitioner v. P.F. Flores,
Archbishop of San Antonio, and United States
On Writ of Certiorari to the United States Court
of Appeals for the Fifth Circuit. June 25, 1997.
Syllabus.
CL5261ZC.TXT 03/18/99 8116 bytes (8 hits)
Court list, 3/16/99
R024.txt 03/18/99 8488 bytes (5 hits)
R024; 2/23/99. Dues payments from members that
receive federal funds do not suffice to subject
the NCAA to suit under Title IX of the Education
Amendments of 1972. Syllabus.
98-84 Syllabus Smith NCAA Ginsburg,J.
R024O.txt 03/18/99 23035 bytes (4 hits)
R024-O; 2/23/99. Dues payments from members that
receive federal funds do not suffice to subject
the NCAA to suit under Title IX of the Education
Amendments of 1972. Ginsburg, J., opinion.
98-84 Opinion Smith NCAA Ginsburg,J.
R032.txt 03/18/99 7171 bytes (5 hits)
R032; 3/3/99. The Court declines to exercise its
original jurisdiction to allow Germany to
challenge Arizona's scheduled execution of a
German citizen, given the tardiness of Germany's
pleas and the jurisdictional barriers they
implicate. Per Curiam.
127Orig.
R033.txt 03/18/99 13056 bytes (6 hits)
R033; 3/3/99. LaGrand has waived his claim that
execution by lethal gas violates the Eighth
Amendment, and he has procedurally defaulted that
claim and the ineffective assistance of counsel
claim that he raised in this habeas corpus
petition. Per Curiam.
98-1412
R034.txt 03/11/99 3891 bytes (7 hits)
R034; 3/8/99. Abusive filer is prospectively
denied leave to proceed in forma pauperis on all
certiorari petitions in noncriminal matters. Per
Curiam.
98-7771 Schwarz National-Security-Agency
Executive-Off.-of-President 98-7782 PerCuriam IFP
Abusive-filings
R026.txt 03/04/99 5381 bytes (12 hits)
R026; 3/2/99. Title 18 USC §2119's "with the
intent to cause death or serious bodily harm"
phrase does not require the Government to prove
that a carjacker had an unconditional intent to
kill or harm in all events, but merely requires
proof of such an intent if necessary to effect a
carjacking. Syllabus.
97-7164 Syllabus Holloway U. S. Stevens,J.
8USC2119 Carjacking Mens-rea
R026A.txt 03/04/99 24403 bytes (6 hits)
R026A; 3/2/99. Title 18 USC §2119's "with the
intent to cause death or serious bodily harm"
phrase does not require the Government to prove
that a carjacker had an unconditional intent to
kill or harm in all events, but merely requires
proof of such an intent if necessary to effect a
carjacking. Scalia, J., dissenting.
97-7164 Dissent Holloway U. S. Scalia,J. 8USC2119
Carjacking Mens-rea
R026B.txt 03/04/99 2104 bytes (6 hits)
R026B; 3/2/99. Title 18 USC §2119's "with the
intent to cause death or serious bodily harm"
phrase does not require the Government to prove
that a carjacker had an unconditional intent to
kill or harm in all events, but merely requires
proof of such an intent if necessary to effect a
carjacking. Thomas, J., dissenting.
97-7164 Dissent Holloway U. S. Thomas,J. 8USC2119
Carjacking Mens-rea
R026O.txt 03/04/99 27547 bytes (6 hits)
R026-O; 3/2/99. Title 18 USC §2119's "with the
intent to cause death or serious bodily harm"
phrase does not require the Government to prove
that a carjacker had an unconditional intent to
kill or harm in all events, but merely requires
proof of such an intent if necessary to effect a
carjacking. Stevens, J., opinion.
97-7164 Opinion Holloway U. S. Stevens,J.
8USC2119 Carjacking Mens-rea
R028.txt 03/04/99 4603 bytes (6 hits)
R028; 3/2/99. A State generally may impose a
nondiscriminatory tax on a private company's
proceeds from contracts with the Government,
regardless of whether the federal contractor
renders its services on an Indian reservation.
Syllabus.
97-1536 Syllabus Arizona-Dept.-of-Revenue
Blaze-Constr.-Co. Tax-immunity Thomas,J. Indians
Govt.-contractor
R028O.txt 03/04/99 14045 bytes (4 hits)
R028-O; 3/2/99. A State generally may impose a
nondiscriminatory tax on a private company's
proceeds from contracts with the Government,
regardless of whether the federal contractor
renders its services on an Indian reservation.
Thomas, J., opinion.
97-1536 Opinion Arizona-Dept.-of-Revenue
Blaze-Constr.-Co. Tax-immunity Thomas,J. Indians
Govt.-contractor
R029.txt 03/04/99 10353 bytes (7 hits)
R029; 3/3/99. A private insurer's decision, as
authorized by Pennsylvania law, to withhold
workers' compensation medical payments pending
administrative review is not state action under
the Fourteenth Amendment; nor does the state
regime deprive disabled employees of "property"
under the Due Process Clause. Syllabus.
97-2000 Syllabus Amer.-Mfrs.-Mut.-Ins.-Co.
Sullivan Rehnquist,C.J. Workers'-Compensation
State-action due-process
R029A.txt 03/04/99 3287 bytes (4 hits)
R029A; 3/3/99. A private insurer's decision, as
authorized by Pennsylvania law, to withhold
workers' compensation medical payments pending
administrative review is not state action under
the Fourteenth Amendment; nor does the state
regime deprive disabled employees of "property"
under the Due Process Clause. Ginsburg, J.,
concurring in part and concurring in the
judgment.
97-2000 Concur Amer.-Mfrs.-Mut.-Ins.-Co. Sullivan
Ginsburg,J. Workers'-Compensation State-action
due-process
R029B.txt 03/04/99 2273 bytes (4 hits)
R029B; 3/3/99. A private insurer's decision, as
authorized by Pennsylvania law, to withhold
workers' compensation medical payments pending
administrative review is not state action under
the Fourteenth Amendment; nor does the state
regime deprive disabled employees of "property"
under the Due Process Clause. Breyer, J.,
concurring in part and concurring in the
judgment.
97-2000 Concur Amer.-Mfrs.-Mut.-Ins.-Co. Sullivan
Breyer,J. Workers'-Compensation State-action
due-process
R029C.txt 03/04/99 5017 bytes (5 hits)
R029C; 3/3/99. A private insurer's decision, as
authorized by Pennsylvania law, to withhold
workers' compensation medical payments pending
administrative review is not state action under
the Fourteenth Amendment; nor does the state
regime deprive disabled employees of "property"
under the Due Process Clause. Stevens, J.,
concurring in part and dissenting in part.
97-2000 Concur/Dissent Amer.-Mfrs.-Mut.-Ins.-Co.
Sullivan Stevens,J. Workers'-Compensation
State-action due-process
R029O.txt 03/04/99 46622 bytes (4 hits)
R029-O; 3/3/99. A private insurer's decision, as
authorized by Pennsylvania law, to withhold
workers' compensation medical payments pending
administrative review is not state action under
the Fourteenth Amendment; nor does the state
regime deprive disabled employees of "property"
under the Due Process Clause. Rehnquist, C. J.,
opinion.
97-2000 Opinion Amer.-Mfrs.-Mut.-Ins.-Co.
Sullivan Rehnquist,C.J. Workers'-Compensation
State-action due-process
R030.txt 03/04/99 6650 bytes (12 hits)
R030; 3/3/99. The Individuals with Disabilities
Education Act requires petitioner school district
to provide respondent, a ventilator-dependent
student, with the continuous nursing services he
requires during the school day. Syllabus.
96-1793 Syllabus Cedar-Rapids-School-Dist.
Garret-F.
Stevens,J. IDEA Disabled-students Education
R030A.txt 03/04/99 18256 bytes (8 hits)
R030A; 3/3/99. The Individuals with Disabilities
Education Act requires petitioner school district
to provide respondent, a ventilator-dependent
student, with the continuous nursing services he
requires during the school day. Thomas, J.,
dissenting.
96-1793 Dissent Cedar-Rapids-School-Dist.
Garret-F.
Thomas,J. IDEA Disabled-students Education
R030O.txt 03/04/99 31643 bytes (9 hits)
R030-O; 3/3/99. The Individuals with
Disabilities Education Act requires petitioner
school district to provide respondent, a
ventilator-dependent student, with the continuous
nursing services he requires during the school
day. Stevens, J., opinion.
96-1793 Dissent Cedar-Rapids-School-Dist.
Garret-F.
Stevens,J. IDEA Disabled-students Education
R031.txt 03/04/99 5592 bytes (7 hits)
R031; 3/3/99. The Federal Service
Labor-Management Relations Statute delegates to
the Federal Labor Relations Authority the legal
power to determine whether the parties must
engage in midterm bargaining or bargaining about
midterm bargaining. Syllabus.
97-1184 Syllabus Federal-Employees
Department-of-Interior 97-1243 Breyer,J.
Collective-bargaining Labor-law
R031A.txt 03/04/99 24251 bytes (6 hits)
R031A; 3/3/99. The Federal Service
Labor-Management Relations Statute delegates to
the Federal Labor Relations Authority the legal
power to determine whether the parties must
engage in midterm bargaining or bargaining about
midterm bargaining. O'Connor, J., dissenting.
97-1184 Dissent Federal-Employees
Department-of-Interior 97-1243 O'Connor,J.
Collective-bargaining Labor-law
R031O.txt 03/04/99 31785 bytes (6 hits)
R031-O; 3/3/99. The Federal Service
Labor-Management Relations Statute delegates to
the Federal Labor Relations Authority the legal
power to determine whether the parties must
engage in midterm bargaining or bargaining about
midterm bargaining. Breyer, J., opinion.
97-1184 Opinion Federal-Employees
Department-of-Interior 97-1243 Breyer,J.
Collective-bargaining Labor-law
R025.txt 02/24/99 5324 bytes (9 hits)
R025; 2/24/99. Title 8 U. S. C. §1252(g), which
was instituted by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (IIRIRA)
and severely restricts judicial review of
deportation proceedings, deprives the federal
courts of jurisdiction over respondents'
selective-enforcement claim pending on IIRIRA's
effective date. Syllabus.
97-1252 Syllabus Reno American-Arab 8USC1252(g)
Deportation Immigration Scalia,J.
R025A.txt 02/24/99 17430 bytes (6 hits)
R025A; 2/24/99. Title 8 U. S. C. §1252(g),
which was instituted by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(IIRIRA) and severely restricts judicial review
of deportation proceedings, deprives the federal
courts of jurisdiction over respondents'
selective-enforcement claim pending on IIRIRA's
effective date. Ginsburg, J., concurring in part
and concurring in the judgment.
97-1252 Concur Reno American-Arab 8USC1252(g)
Deportation Immigration Ginsburg,J.
R025B.txt 02/24/99 7946 bytes (9 hits)
R025B; 2/24/99. Title 8 U. S. C. §1252(g),
which was instituted by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(IIRIRA) and severely restricts judicial review
of deportation proceedings, deprives the federal
courts of jurisdiction over respondents'
selective-enforcement claim pending on IIRIRA's
effective date. Stevens, J., concurring in the
judgment.
97-1252 Concur Reno American-Arab 8USC1252(g)
Deportation Immigration Stevens,J.
R025C.txt 02/24/99 27192 bytes (6 hits)
R025C; 2/24/99. Title 8 U. S. C. §1252(g),
which was instituted by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(IIRIRA) and severely restricts judicial review
of deportation proceedings, deprives the federal
courts of jurisdiction over respondents'
selective-enforcement claim pending on IIRIRA's
effective date. Souter, J., dissenting.
97-1252 Dissent Reno American-Arab 8USC1252(g)
Deportation Immigration Souter,J.
R025O.txt 02/24/99 50536 bytes (7 hits)
R025-O; 2/24/99. Title 8 U. S. C. §1252(g),
which was instituted by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(IIRIRA) and severely restricts judicial review
of deportation proceedings, deprives the federal
courts of jurisdiction over respondents'
selective-enforcement claim pending on IIRIRA's
effective date. Scalia, J., opinion.
97-1252 Opinion Reno American-Arab 8USC1252(g)
Deportation Immigration Scalia,J.
R023.txt 02/23/99 5651 bytes (8 hits)
R023; 2/23/99. Neither Medicare's Provider
Reimbursement Review Board nor the federal courts
have jurisdiction to review a fiscal
intermediary's refusal to reopen its decision on
the amount of reimbursement to which a provider
is entitled for covered health services.
Syllabus.
97-1489 Syllabus Your-Home-Visiting-Nurse Shalala
Scalia,J. Medicare Reimbursement Jurisdiction
R023O.txt 02/23/99 18909 bytes (6 hits)
R023-O; 2/23/99. Neither Medicare's Provider
Reimbursement Review Board nor the federal courts
have jurisdiction to review a fiscal
intermediary's refusal to reopen its decision on
the amount of reimbursement to which a provider
is entitled for covered health services. Scalia,
J., opinion.
97-1489 Opinion Your-Home-Visiting-Nurse Shalala
Scalia,J. Medicare Reimbursement Jurisdiction
CL5251ZC.TXT 02/10/99 13741 bytes (16 hits)
Court list, 2/10/99
Cl5252zc.txt 02/10/99 13785 bytes (7 hits)
Court list, 2/9/99
R020.txt 01/26/99 10070 bytes (11 hits)
R020; 1/25/99. The Census Act prohibits certain
proposed uses of statistical sampling to
determine population for congressional
apportionment purposes. Syllabus.
98-404 Syllabus Dept.-of-Commerce
House-of-Representatives 98-564 Clinton Glavin
O'Connor,J.
R020A.txt 01/26/99 13964 bytes (9 hits)
R020A; 1/25/99. The Census Act prohibits certain
proposed uses of statistical sampling to
determine population for congressional
apportionment purposes. Scalia, J., concurring
in part.
98-404 Concur Dept.-of-Commerce
House-of-Representatives 98-564 Clinton Glavin
Scalia,J..
R020B.txt 01/26/99 19649 bytes (8 hits)
R020B; 1/25/99. The Census Act prohibits certain
proposed uses of statistical sampling to
determine population for congressional
apportionment purposes. Breyer, J., concurring
in part and dissenting in part.
98-404 Concur Dept.-of-Commerce
House-of-Representatives 98-564 Clinton Glavin
Breyer,J.
R020C.txt 01/26/99 21033 bytes (6 hits)
R020C; 1/25/99. The Census Act prohibits certain
proposed uses of statistical sampling to
determine population for congressional
apportionment purposes. Stevens, J., dissenting.
98-404 Dissent Dept.-of-Commerce
House-of-Representatives 98-564 Clinton Glavin
Stevens,J.
R020D.txt 01/26/99 2195 bytes (8 hits)
R020D; 1/25/99. The Census Act prohibits certain
proposed uses of statistical sampling to
determine population for congressional
apportionment purposes. Ginsburg, J.,
dissenting.
98-404 Dissent Dept.-of-Commerce
House-of-Representatives 98-564 Clinton Glavin
Ginsburg,J.
R020O.txt 01/26/99 58578 bytes (12 hits)
R020-O; 1/25/99. The Census Act prohibits certain
proposed uses of statistical sampling to
determine population for congressional
apportionment purposes. O'Connor, opinion.
98-404 Opinion Dept.-of-Commerce
House-of-Representatives 98-564 Clinton Glavin
O'Connor,J.
R021.txt 01/26/99 12081 bytes (9 hits)
R021; 1/25/99. The Federal Communications
Commission has jurisdiction to implement the
local-competition provisions of the
Telecommunica-tions Act of 1996; the FCC's rules
are, with one exception, consistent with that
Act. Syllabus.
97-826 Syllabus AT&T-Corp. Iowa-Utilities-Bd.
Telecommunications-Act 47USC251,252 Scalia,J.
Local-competition
R021A.txt 01/26/99 14053 bytes (5 hits)
R021A; 1/25/99. The Federal Communications
Commission has jurisdiction to implement the
local-competition provisions of the
Telecommunica-tions Act of 1996; the FCC's rules
are, with one exception, consistent with that
Act. Souter, J., concurring in part and
dissenting in part.
97-826 Concur/Dissent AT&T-Corp.
Iowa-Utilities-Bd. Telecommunications-Act
47USC251,252 Souter,J. Local-competition
R021B.txt 01/26/99 29588 bytes (5 hits)
R021B; 1/25/99. The Federal Communications
Commission has jurisdiction to implement the
local-competition provisions of the
Telecommunica-tions Act of 1996; the FCC's rul