http://www.oyez.org/cases/2009/podcast-decisions U.S. Supreme Court Opinion Announcements, presented by The Oyez Project (www.oyez.org) en The Oyez Project at Chicago-Kent http://www.oyez.org/cases/2000-2009/2009/2009_08_1371/opinion Did the Ninth Circuit err when its holding runs directly contrary to the Seventh Circuit's 2006 decision in Christian Legal Society v. Walker? Mon, 28 Jun 2010 13:00:00 +0000 66449 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1521/opinion Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states? Mon, 28 Jun 2010 13:00:00 +0000 66455 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_861/opinion 1) Does the Sarbanes-Oxley Act violate the the separation of powers doctrine by giving broad powers to the Board while simultaneously preventing the President of the power to appoint or remove Board members? 2) Did the court of appeals correctly hold that the Board members were inferior officers under the direct supervision of the SEC even though the SEC cannot supervise those members individually and can only remove them for just cause? 3) Does the Sarbanes-Oxley Act violate the Appointments Clause even if the Board’s members are inferior because the SEC is not an official department or because the commissioners are not the head of the SEC? Mon, 28 Jun 2010 13:00:00 +0000 66481 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_964/opinion 1) Did the Federal Circuit err by using the machine-or-transformation test in determining patentable subject matter? 2) Does the machine-or-transformation test prevent patent protection for many business methods and thus contradict congressional intent that patents protect "methods of doing or conducting business." Mon, 28 Jun 2010 13:00:00 +0000 66486 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1394/opinion 1) Does the "Honest Services" fraud statute, 18 U.S.C. Section 1346, require the government to prove that defendant's conduct was intended to achieve "private gain", and, if not, is Section 1346 unconstitutionally vague? 2) When the presumption of jury prejudice arises because of widespread community impact of the defendant's alleged conduct and widespread inflammatory pretrial publicity, may the government rebut the presumption of prejudice, and, if so, must the government prove beyond a reasonable doubt that no juror was actually prejudiced? Thu, 24 Jun 2010 13:00:00 +0000 66450 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1214/opinion 1) Does a federal court have jurisdiction to determine whether a collective bargaining agreement was formed when it is disputed whether any binding contract exists, but no party makes an independent challenge to the arbitration clause? 2) Does the LMRA provide a cause of action against an international union that is not a direct signatory to one of its local's collective bargaining agreements, but causes a strike that breaches the CBA for its own benefit? Thu, 24 Jun 2010 13:00:00 +0000 66443 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1191/opinion 1) Do anti-fraud provisions of the U.S. securities laws extend to transnational fraud? 2) Did the Second Circuit apply the appropriate standard for determining whether subject matter jurisdiction exists? Thu, 24 Jun 2010 13:00:00 +0000 66440 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_158/opinion When a person is resentenced after having obtained federal habeas corpus relief from an earlier sentence, is a claim in a federal habeas petition challenging the new sentencing judgment a "successive claim," and therefore prohibited, if the petitioner could have challenged his previously imposed sentence on the same constitutional grounds? Thu, 24 Jun 2010 13:00:00 +0000 66492 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_876/opinion 1) Does 18 U.S.C. Section 1346 apply to private individuals whose alleged "scheme to defraud" did not intend harm to the private party to whom "honest services" were owed? 2) May a court of appeals avoid review of a prejudicial jury instruction by retroactively imposing a verdict preservation requirement that is not found in the federal rules? Thu, 24 Jun 2010 13:00:00 +0000 66482 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1196/opinion To convict a state official for depriving the public of its right to the defendant's honest services in violation of 18 U.S.C. Section 1341 and Section 1346, must the government prove that the defendant violated a disclosure duty imposed by state law? Thu, 24 Jun 2010 13:00:00 +0000 66441 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_497/opinion Is the district court required in all cases to determine whether an arbitration agreement subject to the Federal Arbitration Act is unconscionable, even when the parties to the contract have clearly and unmistakably assigned the issue to an arbitrator for decision? Mon, 21 Jun 2010 13:00:00 +0000 66499 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_559/opinion 1) Does the First Amendment protection of political speech, association, and belief require strict scrutiny when a state compels the public release of identifying information about petition signers? 2) Is compelling public disclosure of identifying information about petition signers narrowly tailored to a compelling interest, and did the petitioners meet all the elements required for a preliminary injunction? Mon, 21 Jun 2010 13:00:00 +0000 66507 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_475/opinion 1) Did the Ninth Circuit err in holding that the plaintiffs are exempt from showing a "likelihood of irreparable harm" to obtain an injunction? 2) Did the Ninth Circuit err in holding that a district court may enter an injunction without conducting an evidentiary hearing? Mon, 21 Jun 2010 13:00:00 +0000 66498 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1553/opinion Does the Carmack Amendment apply to the inland leg of an international shipment? Mon, 21 Jun 2010 13:00:00 +0000 66457 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1332/opinion 1) Does a city employee have a reasonable expectation of privacy in text messages transmitted on his city-issued pager when the police department has no official privacy policy for the pagers? 2) Did the Ninth Circuit contravene Supreme Court precedent by analyzing whether the police department could have used "less intrusive methods" of reviewing text messages? Thu, 17 Jun 2010 13:00:00 +0000 66447 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_6338/opinion Are the federal sentencing guidelines binding when a district court imposes a new sentence under a revised guideline range? Thu, 17 Jun 2010 13:00:00 +0000 66503 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1457/opinion Does the NLRB have the authority to decide cases with only two sitting members, when 29 U.S.C. § 153(b) provides that "three members of the Board shall, at all times, constitute a quorum of the Board?" Thu, 17 Jun 2010 13:00:00 +0000 66452 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1151/opinion By reversing longstanding holdings that littoral (i.e., on or near the shore) rights are constitutionally protected, did the Florida Supreme Court cause a "judicial taking" proscribed by the Fifth and Fourteenth Amendments? Thu, 17 Jun 2010 13:00:00 +0000 66438 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_538/opinion 1) When a debtor claims an item "exempt" from bankruptcy proceedings, is the exemption limited to the value claimed by the debtor, or regardless of the value claimed, does the exempted item become "fully exempt" after the creditor fails to make a timely objection to the exemption? 2) Does a creditor who wishes to sell a debtor's "exempted" item need to timely object to its exempt status in order to move for its sale, even if its real value exceeds the value claimed by the debtor? Thu, 17 Jun 2010 13:00:00 +0000 66465 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1322/opinion Is the "award of fees and other expenses" under the Equal Access to Justice Act payable to the prevailing party rather than the prevailing party's attorney, and, therefore, may be used to satisfy that party's pre-existing debt to the United States? Mon, 14 Jun 2010 13:00:00 +0000 66446 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_5327/opinion Can "gross negligence" by counsel that directly results in the late filing of a petition for habeas corpus relief qualify as a circumstance warranting equitable tolling? Mon, 14 Jun 2010 13:00:00 +0000 66505 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_367/opinion May a federal district court enter a restitution order beyond the time prescribed under the Mandatory Victims Restitution Act? Mon, 14 Jun 2010 13:00:00 +0000 66496 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_60/opinion Has a person convicted under state law for simple drug possession been "convicted" of an "aggravated felony" on the theory that he could have been prosecuted as a recidivist, even though there was no charge or finding of a prior conviction in his prosecution for possession? Mon, 14 Jun 2010 13:00:00 +0000 66502 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_337/opinion Does the Eleventh Circuit's construction of Federal Rule of Civil Procedure 15(c)(1)(C), which permits an amended complaint to relate back when the amendment corrects a "mistake concerning the proper party's identity," undermine the purpose of the rule? Mon, 07 Jun 2010 13:00:00 +0000 66494 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_998/opinion In calculating a debtor's "projected disposable income," may the bankruptcy court consider evidence suggesting that the debtor's income or expenses during that period are likely to be different from the debtor's income or expenses during the pre-filing period? Mon, 07 Jun 2010 13:00:00 +0000 66491 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1470/opinion 1) Did the Sixth Circuit improperly expand the Miranda rule when it held that defendant's Fifth Amendment rights were violated? 2) Did the Sixth Circuit fail to give the state court deference when it granted habeas corpus relief with respect to defendant's ineffective counsel argument when there was substantial evidence of the defendant's guilt? Tue, 01 Jun 2010 13:00:00 +0000 66453 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_132ORIG/opinion 1) Do sovereign immunity principles require the dismissal of the commission as a plaintiff in this original action brought jointly by the commission and four states against North Carolina? 2) Does the compact authorize the commission to impose monetary sanctions against North Carolina in response to North Carolina's alleged breach of its obligations? Tue, 01 Jun 2010 13:00:00 +0000 66573 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1555/opinion 1) Does a foreign state's FSIA immunity from suit extend to an individual acting in his official capacity on behalf of the foreign state? 2) Does an individual who is no longer a government official of a foreign state at the time suit is filed retain FSIA immunity for acts taken in that individual's former capacity as a government official acting on behalf of a foreign state? Tue, 01 Jun 2010 13:00:00 +0000 66458 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_223/opinion 1) Did Hibbs v. Winn eliminate or narrow the doctrine of comity applied in Fair Assessment in Real Estate Association v. McNary, which broadly prevents federal court jurisdiction over cases that intrude on the administration of state taxation? 2) Do comity principles or the Tax Injunction Act prevent federal court jurisdiction over a case in which taxpayers allege, on equal protection and dormant commerce clause grounds, that their tax assessments are discriminatory relative to other taxpayers assessments? Tue, 01 Jun 2010 13:00:00 +0000 66493 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1301/opinion 1) Can a person be prosecuted under the Sex Offender and Registration and Notification Act when the defendant's offense and interstate travel both predate the Act's enactment? 2) Does the ex post fact clause preclude prosecution under the Sex Offender and Registration and Notification Act when the defendant's offense and interstate travel both predate the Act's enactment? Tue, 01 Jun 2010 13:00:00 +0000 66445 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_661/opinion 1) Are the NFL and its members a single entity for the purposes of antitrust laws? 2) Is the agreement of NFL teams with Reebok subject to Section 1 of the Sherman Antitrust Act, when teams own and control the use of their separate logos and trademarks and, but for their agreement not to, could compete with each other in the licensing and sale of team products? Mon, 24 May 2010 13:00:00 +0000 66470 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1569/opinion Is the sentencing enhancement for use of a firearm that is a machine gun under 18 U.S.C. Section 924(c) an element of the crime that must be proved "beyond a reasonable doubt" to a jury or a mere sentencing factor that may be found by a judge "by a preponderance of the evidence?" Mon, 24 May 2010 13:00:00 +0000 66459 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_09_448/opinion 1) Did the Fourth Circuit err in holding that ERISA Section 502(g)(1) provides a district court discretion to award reasonable attorneys' fees only to a prevailing party? 2) Is a party entitled to attorneys' fees pursuant to Section 502(g)(1) when the party persuades a district court that an ERISA violation has occurred, successfully secures a judicially ordered remand requiring redetermination of entitlement benefits, and receives the benefits sought on remand? Mon, 24 May 2010 13:00:00 +0000 66497 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_974/opinion When an employer adopts an employment practice that discriminates in violation of Title VII's disparate impact provision, must the plaintiff file a claim within 300 days after the announcement of the practice, or within 300 days after the employer executes the practice? Mon, 24 May 2010 13:00:00 +0000 66489 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1341/opinion Did the Second Circuit depart from the Supreme Court's interpretation of Federal Rule of Criminal Procedure 52(b) by adopting the "plain-error" standard of review for an asserted Ex Post Facto violation? Mon, 24 May 2010 13:00:00 +0000 66448 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_7412/opinion Does the imposition of a life sentence without parole on a juvenile convicted of a non-homicidal offense violate the Eighth Amendment's prohibition of "cruel and unusual punishment?" Mon, 17 May 2010 13:00:00 +0000 66477 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1224/opinion Did Congress have the constitutional authority to enact the Adam Walsh Protection and Safety Act? Mon, 17 May 2010 13:00:00 +0000 66444 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_7621/opinion Does the imposition of a life sentence without parole on a 13 year old convicted of a non-homicidal offense violate the Eighth and Fourteenth Amendments' prohibition of "cruel and unusual punishment?" Mon, 17 May 2010 13:00:00 +0000 66478 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_645/opinion Does a clause that prohibits one parent from removing a child from a country without the other parent's consent confer a "right of custody" within the meaning of the Hague Convention on International Child Abduction? Mon, 17 May 2010 13:00:00 +0000 66468 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1529/opinion Is the FTCA the exclusive remedy for claims arising from medical care and related functions provided by PHS personnel, thus, barring Bivens actions? Mon, 03 May 2010 13:00:00 +0000 66456 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_472/opinion 1) Can Mr. Buono's suit be maintained when he is merely offended by the fact that public land on which a cross is displayed is not a forum for other religious symbols? 2) Did the U.S. Court of Appeals for the Ninth Circuit err in not giving effect to Congress's land swap where Sunrise Rock was made private land? Wed, 28 Apr 2010 13:00:00 +0000 66464 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_905/opinion Did the U.S. Court of Appeals for the Third Circuit err in its application of the "inquiry notice" standard? Tue, 27 Apr 2010 13:00:00 +0000 66483 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1198/opinion Is imposing class arbitration on parties whose arbitration clauses are silent on that issue consistent with the Federal Arbitration Act? Tue, 27 Apr 2010 13:00:00 +0000 66506 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1200/opinion Does a debt collector's mistake in law qualify for the FDCPA bona fide error defense? Wed, 21 Apr 2010 13:00:00 +0000 66442 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_810/opinion 1) Did the Second Circuit err in instructing the district court that it had no obligation to defer to the ERISA plan administrator's reasonable interpretation of the terms of the plan if the administrator reached its interpretation outside the context of an administrative claim for benefits? 2) Did the Second Circuit err in holding that the district court had "allowable discretion" to adopt any "reasonable" interpretation of the terms of the ERISA plan when the interpretation issue arose in the course of calculating additional benefits due as a result of ERISA violations? Wed, 21 Apr 2010 13:00:00 +0000 66480 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_970/opinion Can the reasonable attorneys' fee award under a federal fee-shifting statute ever be enhanced based solely on the quality of performance and results obtained? Wed, 21 Apr 2010 13:00:00 +0000 66488 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_769/opinion Is 18 U.S.C. Section 48, on its face, unconstitutional under the Free Speech Clause of the First Amendment? Tue, 20 Apr 2010 13:00:00 +0000 66479 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_651/opinion 1) Is the mandatory deportation that results from a guilty plea to trafficking in marijuana a "collateral consequence" that relieves counsel of an affirmative duty to advise his client per the guarantees of the Sixth Amendment? 2) Assuming deportation is a "collateral consequence", can counsel's gross misadvice about deportation constitute a ground for setting aside a guilty plea that is induced by that advice? Wed, 31 Mar 2010 13:00:00 +0000 66469 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1008/opinion 1) Can a state legislature prohibit federal courts from using a federal class action rule for a state law claim? 2) Can a state legislature dictate civil procedure in federal courts? Wed, 31 Mar 2010 13:00:00 +0000 66433 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_304/opinion Does an audit performed by a state or its political subdivisions constitute an administrative report within the meaning of the public disclosure jurisdictional bar of the False Claims Act? Tue, 30 Mar 2010 13:00:00 +0000 66462 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2008/2008_08_586/opinion Did the Seventh Circuit err in holding that claims alleging mutual fund management's fees were too high is not cognizable under Section 36(b) of the Investment Company Act, when that holding is in conflict with those in three other circuits? Tue, 30 Mar 2010 13:00:00 +0000 66466 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1402/opinion Did the Sixth Circuit err in holding that the Michigan Supreme Court failed to apply clearly established U.S. Supreme Court precedent for evaluating whether the jury was comprised of a fair cross-section of the community? Tue, 30 Mar 2010 13:00:00 +0000 66451 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1134/opinion 1) Does the procedure by which a debtor merely includes the discharge of his student loans in his Chapter 13 plan, which is then mailed to the creditor, sufficient to meet the requirements of due process? 2) Are Chapter 13 plans that discharge student loans void if the debtor fails to prove "undue hardship" in an adversary proceeding? Tue, 23 Mar 2010 13:00:00 +0000 66437 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_728/opinion Is time granted to prepare pretrial motions automatically excludable under 18 U.S.C. Section 3161(h)(1)? Mon, 08 Mar 2010 13:00:00 +0000 66476 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1119/opinion 1) Did the Eight Circuit's interpretation of attorneys as "debt relief agencies" contradict the plain meaning of the BAPCPA? 2) Does the BAPCA constitute a broad, content-based restriction on attorney- client communications that is not adequately tailored to constrain only speech the government has a substantial interest in restricting; and, thus violates the First Amendment? 3) Does the BAPCPA, as applied to attorneys, restrict commercial speech by requiring mandatory disclosures in advertisements, and thus violate First Amendment free speech rights? Mon, 08 Mar 2010 13:00:00 +0000 66436 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_6925/opinion 1) Was the Eleventh Circuit bound by the Florida Supreme Court's holding that its state battery law did not have, as an element, the "use or threatened use of physical force?" 2) Is a prior state conviction for battery in all cases a "violent felony?" Tue, 02 Mar 2010 13:00:00 +0000 66474 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_103/opinion Does Section 411(a) of the Copyright Act restrict subject matter jurisdiction of federal courts over copyright infringement actions? Tue, 02 Mar 2010 13:00:00 +0000 66434 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_240/opinion Does the PMPA encompass a claim for "constructive nonrenewal" of franchisee's lease when: i) franchisees filed suit prior to receiving new lease agreements that violated the act, ii) lease agreements were presented on a take-it-or- leave-it basis, iii) franchisor stated it would terminate the leases unless franchisees signed the new agreements, and iv) franchisees signed lease agreements under protest and pursued their legal claims against the franchisor? Tue, 02 Mar 2010 13:00:00 +0000 66461 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_680/opinion Does Edwards v. Arizona prohibit the re-interrogation of a suspect, who has invoked his Fifth Amendment rights to counsel and to remain silent, after a substantial amount of time has elapsed between the invocation of rights and the subsequent interrogation? Wed, 24 Feb 2010 13:00:00 +0000 66473 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1107/opinion 1) Does the Supreme Court retain jurisdiction over this case even though the court of appeals failed to render a decision within the 60 days required by 28 U.S.C. § 1453(c)? 2) For the purposes of determining a corporation's principal place of business, can a court disregard the location of the corporation's headquarters? Tue, 23 Feb 2010 13:00:00 +0000 66435 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_1175/opinion 1) Does the Supreme Court have jurisdiction over this case even though the Florida Supreme Court used, at least in part, its own Constitution in reaching its decision? 2) Does the failure to provide explicit advice of right to presence of counsel during questioning invalidate Miranda warnings that advise both a) right to talk to a lawyer "before questioning" and b) the right to consult a lawyer "at any time during the questioning?" Tue, 23 Feb 2010 13:00:00 +0000 66439 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_969/opinion Does the City of New York meet the RICO "causation" requirements in its suit against out-of-state cigarette vendors that the plaintiff be directly injured in its "business or property" when the City merely alleges an injury from the nonpayment of taxes by non-litigant third-parties? Mon, 25 Jan 2010 13:00:00 +0000 66487 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_138%20ORIG/opinion Can the City of Charlotte, NC, the Catawba River Water Supply Project, and Duke Energy Carolinas LLC, which are non-state entities, be allowed to intervene as defendants in a case originating in the Supreme Court about a water dispute between two states? Wed, 20 Jan 2010 13:00:00 +0000 66504 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_911/opinion Does 8 U.S.C. § 1252(a)(2)(B)(ii) bar judicial review for both administrative decisions made discretionary by statute and those made discretionary by regulation? Wed, 20 Jan 2010 13:00:00 +0000 66484 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_9156/opinion 1) Is a state court's decision on post-conviction relief unreasonable when it concludes that during the sentencing phase of a capital case that an inexperienced attorney's decision not to present evidence of the defendant's intellectual deficiencies was strategic, while ignoring evidence that demonstrated otherwise? 2) Did the rule followed by the Eleventh Circuit in this case abdicate its judicial review function under the Antiterrorism and Effective Death Penalty Act by failing to determine whether the state court decision was unreasonable in light of the entire state court record? Wed, 20 Jan 2010 13:00:00 +0000 66485 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_674/opinion Does the Mobile-Sierra doctrine's public interest standard apply to non- parties to a FERC settlement? Wed, 13 Jan 2010 13:00:00 +0000 66471 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_724/opinion 1) Did the Sixth Circuit disobey the directives of the Antiterrorism and Effective Death Penalty Act and the Supreme Court's decision in Musladin when it resolved questions in Mr. Spisak's favor that were not decided in Musladin? 2) Did the Sixth Circuit exceed its authority when it presumed that Mr. Spisak suffered prejudice by allegedly deficient statements made by his counsel at sentencing and ignored the Ohio Supreme Court's standard for prejudice? Tue, 12 Jan 2010 13:00:00 +0000 66475 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_351/opinion In determining whether the Due Process Clause requires a state or local government to provide a postseizure, probable cause hearing, prior to a forfeiture of property, should the district court apply the test employed in United States v. $8,850 or that in Mathews v. Eldridge? Tue, 08 Dec 2009 13:00:00 +0000 66463 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_604/opinion 1) Did the Seventh Circuit err in setting aside a final arbitration award for an alleged due process violation? 2) Are prearbitration settlement conferences a prerequisite for NRAB jurisdiction over a dispute? Tue, 08 Dec 2009 13:00:00 +0000 66467 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_678/opinion Is an order for discovery involving attorney-client privilege eligible for immediate appeal under the Supreme Court's decision in Cohen v. Beneficial Industrial Loan Corp.? Tue, 08 Dec 2009 13:00:00 +0000 66472 at http://www.oyez.org http://www.oyez.org/cases/2000-2009/2009/2009_08_992/opinion Under the adequate-state-ground doctrine, does a state procedural rule like Pennsylvania's fugitive waiver rule preclude federal habeas corpus review even though the state procedural rule is discretionary? Tue, 08 Dec 2009 13:00:00 +0000 66490 at http://www.oyez.org