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April 2001
Monday, April 16, 2001
Dale G. Becker v. Betty Montgomery, Attorney General of Ohio, et al.
No. 00-6374
Subject:
Appeals, Signature
Question:
When a party files a timely notice of appeal in district court, does the failure to sign the notice of appeal require the court of appeals to dismiss the appeal?
Decisions:
Resources:
Briefs:
Melvin Tyler v. Burl Cain, Warden
No. 00-5961
Subject:
Jury Instructions, Reasonable Doubt
Question:
- Whether a second or successive petition for a writ of habeas corpus asserting a claim under Cage v. Louisiana,
498 U.S. 39 (1990) (per curiam), "relies on a new rule of constitutional law, made retroactive to cases on
collateral review by the Supreme Court," within the meaning of 28 U.S.C. 2244(b)(2)(A) (Supp. IV 1998).
- Whether Cage v. Louisiana announced a new rule of constitutional law that should be made retroactive to cases
on collateral review.
Decisions:
Resources:
Briefs:
Amicus - Respondent:
- United States [PDF] [TEXT] [RTF]
New Hampshire v. Maine
No. 130, Orig.
Subject:
Res Judicata
Question:
Whether the doctrine of res judicata bars the State of New Hampshire's claim that its boundary with the State of Maine in Portsmouth Harbor extends to the low water mark of the Maine shore.
Decisions:
Resources:
Briefs:
Amicus - Respondent:
- United States [PDF] [TEXT]
Tuesday, April 17, 2001
United States and Department of Agriculture v. United Foods, Inc.
No. 00-276
Subject:
First Amendment, Compelled Industry Advertising, Mushroom Promotion, Research, and Consumer Information Act of 1990
Question:
Whether the assessments imposed pursuant to the Mushroom Promotion, Research, and Consumer Information Act of 1990, 7 U.S.C. 6101 et seq., on members of the mushroom industry for advertising programs designed to support the industry violate the First Amendment.
Decisions:
Resources:
Briefs:
Parties:
- Petitioner (Petition) [PDF] [TEXT] [RTF]
- Petitioner - Reply (Petition) [PDF] [TEXT] [RTF]
- Petitioner [PDF] [TEXT] [RTF]
- Petitioner - Reply [PDF] [TEXT] [RTF]
- Petitioner - Joint Appendix [PDF] [TEXT] [RTF]
Amicus - Petitioner:
- American Mushroom Institute et al. [PDF]
- State of California et al. [PDF]
- Western Mushroom Marketing Association et al. [PDF]
Amicus - Respondent:
- Center for Individual Freedom [PDF]
- Jeanne and Steve Charter et al. [PDF]
Alabama v. Michael Herman Bozeman
No. 00-492
Subject:
Interstate Agreement on Detainers (IAD), Anti-Shuttling Provision
Question:
Does transfer of federal custody to state custody for one day for purposes of arraignment, and transfer back to federal custody before the disposition of outstanding charges, a technical violation of the Interstate Agreement on Detainers, require dismissal of pending charges, even when there is no harm to the prisoner either alleged or demonstrated?
Decisions:
Resources:
Briefs:
Parties:
- Petitioner [PDF]
- Respondent [PDF]
Amicus - Petitioner:
- National Association of Extradition Officials [PDF]
- United States [PDF] [TEXT] [RTF]
Wednesday, April 18, 2001
Cedric Kushner Promotions, Ltd. v. Don King, et al.
No. 00-549
Subject:
Racketeer Influenced and Corrupt Organizations Act (RICO), distinctiveness requirement
Question:
The Racketeer Influenced and Corrupt Organizations Act (RICO) makes it "unlawful for any person employed by or
associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct
or participate * * * in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection
of unlawful debt." 18 U.S.C. 1962(c). The question in this case is whether a claim may be maintained under that
provision when the alleged RICO "enterprise" is a corporation and the "person" charged with the violation is an officer
and employee of the corporation acting within the scope of his corporate duties.
Decisions:
Resources:
Briefs:
Parties:
- Petitioner [PDF]
- Respondent [PDF]
Amicus - Petitioner:
- United States [PDF] [TEXT] [RTF]
Norfolk Shipbuilding & Drydock Corporation v. Celestine Garris, Administratrix of the Estate of Christopher Garris, Deceased
No. 00-346
Subject:
Admiralty Law, Wrongful Death, Negligence
Question:
Whether the Fourth Circuit erred in extending Moragne v. States Marine Lines, 398 U.S. 375 (1970), a case which was superseded and reversed by Congress in 1972, to create a new judge-made general maritime law wrongful death cause of action in negligence for the accidental death of a non-seaman in state territorial waters?
Decisions:
Resources:
Briefs:
Parties:
- Petitioner [PDF]
Monday, April 23, 2001
Idaho v. United States, et al.
No. 00-189
Subject:
Property, American Indians, Reservations, Submerged Lands
Question:
In United States v. Alaska, 521 U.S. 1 (1997), this Court held, in the context of a statehood act, that congressional ratification of an executive order reservation known to contain submerged lands may imply an affirmative intent to defeat state title to such submerged lands. The question presented here is whether a defeat of state title to submerged lands is implied when Congress, in a pre-statehood act, authorizes cession negotiations with an Indian tribe occupying an executive order reservation for the purchase of lands "not agricultural and valuable chiefly for minerals and timber," with the purpose of releasing submerged lands from the reservation.
Decisions:
Resources:
Briefs:
Parties:
- United States - Petition [PDF] [TEXT] [RTF]
- Petitioner [PDF]
Sharon B. Pollard v. E. I. Du Pont de Nemours Company
No. 00-763
Subject:
Sexual Harassment, Front Pay, Damages, Statutory Cap, 42 U.S.C. § 1981a
Question:
Whether an award of front pay in an action brought under Section 706
of the Civil Rights Act of 1964, 42 U.S.C. 2000e-5, is subject to the cap
on compensatory and punitive damages established by the Civil Rights Act
of 1991, 42 U.S.C. 1981a(b)(3).
Decisions:
Resources:
Briefs:
Amicus - Petitioner:
- Lawyers' Committee for Civil Rights Under Law et al. [PDF]
- United States et al. [PDF] [TEXT] [RTF]
Amicus - Respondent:
- Equal Employment Advisory Council et al. [PDF]
Tuesday, April 24, 2001
Calcano-Martinez v. Immigration and Naturalization Service
No. 00-1011
Subject:
Immigration, Deportation, Judicial Review, Antiterrorism and Effective Death Penalty Act, Illegal Immigration Reform and Immigrant Responsibility Act
Question:
Whether the court of appeals correctly concluded that, under 8 U.S.C.
1252(a)(2)(C) (Supp. V 1999), it lacked jurisdiction on direct petitions
for review over petitioners' non-constitutional challenges to their final
removal orders, but that the district court had habeas corpus jurisdiction
to entertain those challenges under 28 U.S.C. 2241.
Decisions:
Resources:
Briefs:
Immigration and Naturalization Service v. St. Cyr
No. 00-767
Subject:
Immigration, Deportation, Judicial Review, Antiterrorism and Effective Death Penalty Act, Illegal Immigration Reform and Immigrant Responsibility Act
Question:
- Whether the district court had habeas corpus jurisdiction over respondent's challenge to his final removal
order.
- Whether the Board of Immigration Appeals properly concluded that respondent is not eligible for discretionary
relief from deportation under former 8 U.S.C. 1182(c) (1994) because his removal proceeding was commenced
after the repeal of Section 1182(c) became effective, even though he pleaded guilty and was convicted before
that date.
Decisions:
Resources:
Briefs:
Wednesday, April 25, 2001
Lorillard Tobacco Company, et al. v. Thomas F. Reilly, Attorney General of Massachusetts, et al.
No. 00-596
Altadis U.S.A. Inc., etc., et al. v. Thomas F. Reilly, Attorney General of Massachusetts, et al.
No. 00-597
Subject:
First Amendment, Tobacco, Commercial Speech
Question:
- Whether state regulations that restrict the advertising of tobacco
products near a school or playground are preempted by the Federal Cigarette
Labeling and Advertising Act.
- Whether such regulations violate the First Amendment.
Decisions:
Resources:
Briefs:
Amicus - Petitioner:
- American Advertising Federation et al. [PDF]
- National Association of Convenience Stores [PDF]
- Newspaper Association of America [PDF]
Amicus - Respondent:
- National Center for Tobacco-Free Kids et al. [PDF]
- Tobacco Control Resource Center, Inc. [TEXT]
- United States [PDF] [TEXT] [RTF]
Florida v. Robert A. Thomas
No. 00-391
Subject:
Fourth Amendment, Search and Seizure, Automobiles
Question:
Whether a police officer may search the passenger compartment of an automobile
as a contemporaneous incident of the lawful custodial arrest of the vehicle's
recent occupant, when the arrestee exited the vehicle voluntarily rather
than upon the direction of the officer.
Decisions:
Resources:
Briefs:
Amicus - Petitioner:
- United States [PDF] [TEXT] [RTF]