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981478zd.pdf 07/01/99 25695 bytes (174 hits)
98-1478
Writ of Certiorari denied. Dissent.
R089.pdf 07/01/99 14636 bytes (121 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.pdf 07/01/99 66929 bytes (38 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.pdf 07/01/99 66803 bytes (34 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.pdf 07/01/99 13996 bytes (43 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.pdf 07/01/99 12575 bytes (23 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.pdf 07/01/99 46643 bytes (17 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.pdf 07/01/99 87475 bytes (16 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.pdf 07/01/99 22187 bytes (63 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.pdf 07/01/99 192163 bytes (31 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.pdf 07/01/99 155734 bytes (27 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.pdf 07/01/99 25249 bytes (18 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. Souter, J., opinion.
97-1704 Opinion Ortiz Fibreboard-Corp. Asbestos
Souter,J. F.R.Civ.P. 23 Class-actions
R092A.pdf 07/01/99 7352 bytes (12 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.pdf 07/01/99 68106 bytes (8 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.pdf 07/01/99 150172 bytes (14 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.pdf 07/01/99 9494 bytes (40 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.pdf 06/22/99 18841 bytes (40 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.pdf 06/22/99 13163 bytes (31 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.pdf 06/22/99 30863 bytes (9 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.pdf 06/22/99 54104 bytes (13 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.pdf 06/22/99 14583 bytes (58 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.pdf 06/22/99 65903 bytes (25 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.pdf 06/22/99 99686 bytes (18 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.pdf 06/22/99 21794 bytes (11 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.pdf 06/22/99 21846 bytes (16 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.pdf 06/22/99 53640 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.pdf 06/22/99 64931 bytes (5 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.pdf 06/22/99 13277 bytes (73 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.pdf 06/22/99 6751 bytes (29 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.pdf 06/22/99 9923 bytes (11 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.pdf 06/22/99 18104 bytes (99 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.pdf 06/22/99 8687 bytes (46 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.pdf 06/22/99 67675 bytes (25 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. ADA 42USC12102(2)(A),(C) Disability
R084C.pdf 06/22/99 10673 bytes (28 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. Breyer,
J., dissenting.
97-1943 Dissent Sutton United-Air-Lines-Inc.
Breyer,J. ADA 42USC12102(2)(A),(C) Disability
R084O.pdf 06/22/99 64396 bytes (35 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. ADA 42USC12102(2)(A),(C) Disability
R085.pdf 06/22/99 13008 bytes (48 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 O'Connor,J. Disability 42USC12102(2)(A),(C)
R085A.pdf 06/22/99 7368 bytes (38 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 Stevens,J. Disability 42USC12102(2)(A),(C)
R085O.pdf 06/22/99 27208 bytes (46 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 O'Connor,J. Disability 42USC12102(2)(A),(C)
R086.pdf 06/22/99 18120 bytes (39 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.pdf 06/22/99 6897 bytes (15 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.pdf 06/22/99 28589 bytes (13 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.
Stevens, 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.pdf 06/22/99 65096 bytes (20 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.
R087.pdf 06/22/99 14468 bytes (47 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
R087A.pdf 06/22/99 12721 bytes (16 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
R087O.pdf 06/22/99 73033 bytes (18 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.pdf 06/22/99 25943 bytes (65 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
R088A.pdf 06/22/99 8734 bytes (30 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
R088B.pdf 06/22/99 28135 bytes (31 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.pdf 06/22/99 45254 bytes (29 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.pdf 06/22/99 72361 bytes (23 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.pdf 06/18/99 17194 bytes (29 hits)
Columbia Union College v. Edward O. Clark, Jr.,
Et Al
The petition for writ of certiorari is denied.
R073.pdf 06/18/99 15774 bytes (20 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.pdf 06/18/99 9095 bytes (6 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.pdf 06/18/99 7216 bytes (7 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 in the judgment.
98-387 Concur Greater-New-Orleans U. S. Thomas,J.
18USC1304 First-Amdt. Casino-gambling
R073O.pdf 06/18/99 74248 bytes (10 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.pdf 06/18/99 11880 bytes (9 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.pdf 06/18/99 9300 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.pdf 06/18/99 41750 bytes (12 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.pdf 06/18/99 13098 bytes (30 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.pdf 06/18/99 22539 bytes (17 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.pdf 06/18/99 36335 bytes (22 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.pdf 06/18/99 13566 bytes (20 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.pdf 06/18/99 58230 bytes (12 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.pdf 06/18/99 55148 bytes (14 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.pdf 06/18/99 14758 bytes (22 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.
R077A.pdf 06/18/99 46119 bytes (9 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.
R077O.pdf 06/18/99 109620 bytes (15 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.
R078.pdf 06/18/99 12284 bytes (16 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.pdf 06/18/99 39085 bytes (7 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.pdf 06/18/99 79333 bytes (9 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.pdf 06/17/99 16762 bytes (18 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.pdf 06/17/99 20385 bytes (6 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.pdf 06/17/99 40952 bytes (6 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.pdf 06/17/99 77394 bytes (9 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.pdf 06/17/99 21265 bytes (55 hits)
File Description: 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.pdf 06/17/99 20553 bytes (20 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.pdf 06/17/99 8475 bytes (12 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.pdf 06/17/99 16367 bytes (11 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.pdf 06/17/99 97487 bytes (9 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.pdf 06/17/99 67937 bytes (9 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.pdf 06/17/99 73100 bytes (10 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.pdf 06/17/99 20329 bytes (18 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 Syllabus Lilly Virginia
ConfrontationClause Harmless-error Stevens,J.
Sixth-Amdt.
R071A.pdf 06/17/99 16104 bytes (17 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.
98-5881 Concur Lilly Virginia ConfrontationClause
Harmless-error Breyer,J. Sixth-Amdt.
R071B.pdf 06/17/99 7139 bytes (7 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 Harmless-error
Scalia,J. Sixth-Amdt. Concur
R071C.pdf 06/17/99 7651 bytes (5 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 Harmless-error
Thomas,J. Sixth-Amdt. Concur
R071D.pdf 06/17/99 25647 bytes (7 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 Harmless-error
Rehnquist,C.J. Sixth-Amdt. Concur
R071O.pdf 06/17/99 75890 bytes (7 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 Harmless-error
Stevens,J. Sixth-Amdt. Opinion
R072.pdf 06/17/99 11804 bytes (10 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.pdf 06/17/99 11898 bytes (6 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.
R072O.pdf 06/17/99 66309 bytes (8 hits)
R072-O; 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.
Breyer, J., opinion.
98-377 Opinion Dickinson Zurko Patents APA
5USC706 Breyer,J.
R066.pdf 06/04/99 12349 bytes (20 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.pdf 06/04/99 44196 bytes (7 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.pdf 06/04/99 38797 bytes (9 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.pdf 05/28/99 14797 bytes (54 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.pdf 05/28/99 36993 bytes (18 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 Layne Stevens,J.
Fourth-Amdt. Media-ride-along Immunity
R059O.PDF 05/28/99 46709 bytes (23 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.pdf 05/28/99 66532 bytes (38 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 Student-harassment O'Connor,J.
Title-IX
R060A.pdf 05/28/99 107897 bytes (17 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.pdf 05/28/99 77106 bytes (17 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.pdf 05/28/99 27307 bytes (23 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 Syllabus Monterey Del-Monte-Dunes
Kennedy,J. Takings-Clause Regulatory-taking
42USC1983
R061A.pdf 05/28/99 41344 bytes (11 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.
97-1235 Concur Monterey Del-Monte-Dunes Scalia,J.
Takings-Clause Regulatory-taking 42USC1983
R061B.pdf 05/28/99 88126 bytes (9 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.
97-1235 Concur/Dissent Monterey Del-Monte-Dunes
Souter,J. Takings-Clause Regulatory-taking
42USC1983
R061O.pdf 05/28/99 99671 bytes (10 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.
97-1235 Opinion Monterey Del-Monte-Dunes
Kennedy,J. Takings-Clause Regulatory-taking
42USC1983
R062.pdf 05/28/99 14626 bytes (11 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.pdf 05/28/99 48094 bytes (5 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.pdf 05/28/99 80399 bytes (4 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.pdf 05/28/99 12557 bytes (25 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.pdf 05/28/99 39792 bytes (20 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.pdf 05/28/99 10213 bytes (23 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.pdf 05/28/99 6656 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.pdf 05/28/99 9891 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.pdf 05/25/99 14173 bytes (22 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.pdf 05/25/99 38561 bytes (9 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.pdf 05/25/99 30058 bytes (12 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.pdf 05/25/99 67705 bytes (9 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.pdf 05/25/99 13647 bytes (8 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.pdf 05/25/99 38021 bytes (3 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.pdf 05/25/99 11824 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.pdf 05/25/99 19588 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.pdf 05/25/99 45184 bytes (5 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.pdf 05/25/99 10699 bytes (29 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.pdf 05/25/99 8215 bytes (11 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.pdf 05/25/99 28632 bytes (14 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.pdf 05/25/99 24882 bytes (17 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.pdf 05/25/99 15300 bytes (10 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.pdf 05/25/99 45970 bytes (8 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 Opinion Ruhrgas-AG Marathon-Oil-Co.
Ginsburg,J. Jurisdiction Removal Steel-Co.
R058.pdf 05/25/99 35171 bytes (20 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.
120Orig. New-York New-Jersey Boundaries
Ellis-Island Decree
R050.pdf 05/07/99 15176 bytes (31 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.pdf 05/07/99 54203 bytes (12 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.pdf 05/07/99 15725 bytes (16 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.pdf 05/07/99 24103 bytes (11 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.pdf 05/07/99 33272 bytes (5 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.pdf 05/07/99 79469 bytes (8 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.pdf 05/07/99 13757 bytes (8 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.pdf 05/07/99 46748 bytes (3 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.pdf 05/03/99 13070 bytes (20 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
R047.pdf 04/23/99 19707 bytes (25 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.pdf 04/23/99 62820 bytes (5 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.pdf 04/23/99 16266 bytes (15 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.pdf 04/23/99 11725 bytes (12 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.pdf 04/23/99 43661 bytes (15 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
R043.pdf 04/08/99 11359 bytes (32 hits)
R043; 4/5/99. A prosecutor does not violate an
attorney's Fourteenth Amendment right to practice
his profession by executing a warrant to search
the attorney while his client is testifying
before a grand jury. Syllabus.
Conn Gabbert Syllabus 97-1802 Fourteenth-Amdt.
Rehnquist,C.J. Attorneys Search-warrant
R043A.pdf 04/08/99 2515 bytes (12 hits)
R043A; 4/5/99. A prosecutor does not violate an
attorney's Fourteenth Amendment right to practice
his profession by executing a warrant to search
the attorney while his client is testifying
before a grand jury. Stevens, J., concurring in
the judgment.
Conn Gabbert Concur 97-1802 Fourteenth-Amdt.
Stevens,J. Attorneys Search-warrant
R043O.pdf 04/08/99 25927 bytes (27 hits)
R043-O; 4/5/99. A prosecutor does not violate an
attorney's Fourteenth Amendment right to practice
his profession by executing a warrant to search
the attorney while his client is testifying
before a grand jury. Rehnquist, C. J., opinion.
Conn Gabbert Opinion 97-1802 Fourteenth-Amdt.
Rehnquist,C.J. Attorneys Search-warrant
R044.pdf 04/08/99 12659 bytes (39 hits)
R044; 4/5/99. The Fourth and Fourteenth
Amendments permit police officers with probable
cause to search a car to inspect passengers'
belonging found in the car that are capable of
concealing the object of the search. Syllabus.
98-184 Syllabus Wyoming Houghton Scalia,J.
Fourth-Amdt. Fourteenth-Amdt. Search
R044A.pdf 04/08/99 21630 bytes (19 hits)
R044A; 4/5/99. The Fourth and Fourteenth
Amendments permit police officers with probable
cause to search a car to inspect passengers'
belonging found in the car that are capable of
concealing the object of the search. Breyer, J.,
concurring.
98-184 Concur Wyoming Houghton Breyer,J.
Fourth-Amdt. Fourteenth-Amdt. Search
R044B.pdf 04/08/99 23017 bytes (17 hits)
R044B; 4/5/99. The Fourth and Fourteenth
Amendments permit police officers with probable
cause to search a car to inspect passengers'
belonging found in the car that are capable of
concealing the object of the search. Stevens,
J., dissenting.
98-184 Dissent Wyoming Houghton Stevens,J.
Fourth-Amdt. Fourteenth-Amdt. Search
R044O.pdf 04/08/99 37923 bytes (20 hits)
R044-O; 4/5/99. The Fourth and Fourteenth
Amendments permit police officers with probable
cause to search a car to inspect passengers'
belonging found in the car that are capable of
concealing the object of the search. Scalia, J.,
opinion.
98-184 Opinion Wyoming Houghton Scalia,J.
Fourth-Amdt. Fourteenth-Amdt. Search
R045.pdf 04/08/99 15046 bytes (23 hits)
R045; 4/5/99. A guilty plea does not waive the
Fifth Amendment privilege against
self-incrimination in the case's sentencing
phase; nor may a court draw an adverse inference
from the defendant's silence in determining facts
about the crime that bear on the severity of the
sentence. Syllabus.
97-7541 Syllabus Mitchell U. S. Fifth-Amdt.
Self-incrimination Kennedy,J. Sentencing
R045A.pdf 04/08/99 42187 bytes (7 hits)
R045A; 4/5/99. A guilty plea does not waive the
Fifth Amendment privilege against
self-incrimination in the case's sentencing
phase; nor may a court draw an adverse inference
from the defendant's silence in determining facts
about the crime that bear on the severity of the
sentence. Scalia, J., dissenting.
97-7541 Dissent Mitchell U. S. Fifth-Amdt.
Self-incrimination Scalia,J. Sentencing
R045B.pdf 04/08/99 14012 bytes (5 hits)
R045B; 4/5/99. A guilty plea does not waive the
Fifth Amendment privilege against
self-incrimination in the case's sentencing
phase; nor may a court draw an adverse inference
from the defendant's silence in determining facts
about the crime that bear on the severity of the
sentence. Thomas, J., dissenting.
97-7541 Dissent Mitchell U. S. Fifth-Amdt.
Self-incrimination Thomas,J. Sentencing
R045O.pdf 04/08/99 49479 bytes (8 hits)
R045-O; 4/5/99. A guilty plea does not waive the
Fifth Amendment privilege against
self-incrimination in the case's sentencing
phase; nor may a court draw an adverse inference
from the defendant's silence in determining facts
about the crime that bear on the severity of the
sentence. Kennedy, J., opinion.
97-7541 Opinion Mitchell U. S. Fifth-Amdt.
Self-incrimination Kennedy,J. Sentencing
R046.pdf 04/08/99 17490 bytes (13 hits)
R046; 4/5/99. Under 28 U. S. C. §1446(b), a
named defendant's time to remove a case from
state to federal court is triggered by
simultaneous service of the summons and
complaint, or receipt of the complaint, "through
service or otherwise," after and apart from
service of the summons, but not by mere receipt
of the complaint unattended by any formal
service. Syllabus.
Murphy-Brothers-Inc. Michetti-Pipe-Stringing
Syllabus 97-1909 28USC1446(b) Ginsburg,J. Removal
R046A.pdf 04/08/99 7315 bytes (6 hits)
R046A; 4/5/99. Under 28 U. S. C. §1446(b), a
named defendant's time to remove a case from
state to federal court is triggered by
simultaneous service of the summons and
complaint, or receipt of the complaint, "through
service or otherwise," after and apart from
service of the summons, but not by mere receipt
of the complaint unattended by any formal
service. Rehnquist, C. J., dissenting.
Murphy-Brothers-Inc. Michetti-Pipe-Stringing
Dissent 97-1909 28USC1446(b) Rehnquist,C.J.
Removal
R046O.pdf 04/08/99 36790 bytes (14 hits)
R046-O; 4/5/99. Under 28 U. S. C. §1446(b), a
named defendant's time to remove a case from
state to federal court is triggered by
simultaneous service of the summons and
complaint, or receipt of the complaint, "through
service or otherwise," after and apart from
service of the summons, but not by mere receipt
of the complaint unattended by any formal
service. Ginsburg, J., opinion.
Murphy-Brothers-Inc. Michetti-Pipe-Stringing
Opinion 97-1909 28USC1446(b) Kennedy,J. Removal
98966zd.pdf 04/01/99 11513 bytes (24 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.
R032.pdf 04/01/99 14705 bytes (24 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.
R035.pdf 04/01/99 18237 bytes (11 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.pdf 04/01/99 8267 bytes (7 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.pdf 04/01/99 19200 bytes (3 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.pdf 04/01/99 9232 bytes (19 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.pdf 04/01/99 18643 bytes (26 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.pdf 04/01/99 7113 bytes (10 hits)
R037A; 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.
Scalia, J., concurring.
97-1709
R037B.pdf 04/01/99 7823 bytes (6 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.pdf 04/01/99 73473 bytes (13 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.pdf 04/01/99 12268 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.pdf 04/01/99 6560 bytes (5 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.pdf 04/01/99 6465 bytes (3 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.pdf 04/01/99 35451 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.pdf 04/01/99 19299 bytes (23 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.pdf 04/01/99 44270 bytes (12 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.pdf 04/01/99 26767 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.pdf 04/01/99 109228 bytes (8 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.pdf 04/01/99 14242 bytes (10 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.pdf 04/01/99 9180 bytes (6 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.pdf 04/01/99 6756 bytes (6 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.pdf 04/01/99 103338 bytes (6 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.pdf 04/01/99 122122 bytes (8 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
R041.pdf 04/01/99 9579 bytes (7 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 IFP
Frivolous Rule39.8
R042.pdf 04/01/99 10909 bytes (9 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.pdf 04/01/99 16480 bytes (7 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.pdf 04/01/99 25843 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. Thomas, J., opinion.
97-1139 Opinion U. S. Rodriguez-Moreno Venue
Thomas,J. Criminal-law 18USC924(c)(1)
952074c1.pdf 03/18/99 34012 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.pdf 03/18/99 9302 bytes (16 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.pdf 03/18/99 7265 bytes (3 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.pdf 03/18/99 7268 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 Stevens, concurring.
952074zd.pdf 03/18/99 71040 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 O'Connor, dissenting.
952074zo.pdf 03/18/99 89059 bytes (8 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.pdf 03/18/99 26439 bytes (10 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.
R033.pdf 03/11/99 22776 bytes (22 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 PerCuriam Stewart LaGrand Habeas-corpus
Execution Eighth-Amdt.
R034.pdf 03/11/99 36139 bytes (17 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.pdf 03/04/99 11348 bytes (18 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
R026A.pdf 03/04/99 37248 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.
Dissent Holloway U. S. Scalia,J. 18USC2119
Carjacking Mens-rea
R026B.pdf 03/04/99 7342 bytes (12 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.
Dissent Holloway U. S. Thomas,J. 18USC2119
Carjacking Mens-rea
R026O.pdf 03/04/99 39615 bytes (11 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.
Opinion Holloway U. S. Stevens,J. 18USC2119
Carjacking Mens-rea
R028.pdf 03/04/99 10468 bytes (9 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.pdf 03/04/99 23576 bytes (9 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.pdf 03/04/99 18068 bytes (13 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.pdf 03/04/99 9639 bytes (8 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.pdf 03/04/99 7901 bytes (9 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.pdf 03/04/99 13074 bytes (7 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.pdf 03/04/99 67529 bytes (5 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.pdf 03/04/99 12903 bytes (26 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
R030A.pdf 03/04/99 30697 bytes (19 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
R030O.pdf 03/04/99 46846 bytes (19 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
R031.pdf 03/04/99 11535 bytes (12 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.pdf 03/04/99 38249 bytes (8 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 Federal-Employees Dissent
Department-of-Interior 97-1243 O'Connor,J.
Collective-bargaining Labor-law
R031O.pdf 03/04/99 47770 bytes (4 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 Federal-Employees Opinion
Department-of-Interior 97-1243 Breyer,J.
Collective-bargaining Labor-law
R025.pdf 02/24/99 11491 bytes (26 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.pdf 02/24/99 28670 bytes (15 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.pdf 02/24/99 15285 bytes (8 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.pdf 02/24/99 39592 bytes (4 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