The Oyez Project: Miscellaneous Issues - Miscellaneous

Addington v. Texas

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Airport Commissioners v. Jews for Jesus

The Board of Airport Commissioners of Los Angeles adopted an ordinance which prohibited all "First Amendment activities" in the Los Angeles International Airport (LAX). Alan Snyder, a minister with Jews for Jesus, was instructed by an airport officer to refrain from distributing free religious literature on a walkway in the central terminal of LAX.

Airports Auth. v. Citizens For Noise Abatement

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Alabama v. Bozeman

The Interstate Agreement on Detainers creates uniform procedures for lodging and executing a detainer, a legal order that requires a state to hold a currently imprisoned individual when he has finished serving his sentence so that he may be tried by a different State for a different crime. In 1997, Michael Bozeman was serving a federal prison sentence at a federal prison in Florida. In January, the district attorney of Covington County, Alabama sought temporary custody of Bozeman to arraign him on state firearm charges for which an earlier detainer had been filed. The Agreement provides that a state that obtains a prisoner for purposes of trial must try him within 120 days of his arrival, and if it returns him to his "original place of imprisonment" prior to that trial, charges shall be dismissed. After appearing in Alabama court, Bozeman was returned to federal prison in Florida. When Bozeman returned to Alabama court, his local counsel filed a motion to dismiss the state charges on the ground that Bozeman had been "returned to the original place of imprisonment" (the federal prison) "prior to" "trial" on state charges being "had." Ultimately, Bozeman was convicted and an appellate court affirmed. In reversing, the Alabama State Supreme Court held that the literal language of the Agreement required dismissal of the state charges.

Alaska Airlines, Inc. v. Brock

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Alden v. Maine

A group of probation officers sued their employer, the State of Maine, in 1992 alleging that the state had violated the overtime provisions of the 1938 Fair Labor Standards Act. Following the Court's decision in Seminole Tribe v. Florida (1996)_which held that States are immune from private suits in federal court and that Congress lacks the authority to abrogate that immunity_the probation officers' suit was dismissed in Federal district court. Alden and the other probation officers then sued Maine again for violating the Fair Labor Standards Act, this time in state court. The state trial court and the state supreme court both held that Maine had sovereign immunity and could not be sued by private parties in their own court.

Aldrich v. Aldrich

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American Manufacturers Mutual Insurance Company v. Sullivan

Pennsylvania's Workers' Compensation Act (Act) provides that once an employer's liability for an employee's injury has been established, then either the self-insured employer or insurer (collectively insurers) is responsible for paying for the employee's "reasonable" and "necessary" medical treatment. In 1993, this system was amended to allow insurers to withhold payment for disputed treatments, pending the outcome of an independent utilization review. Ten employees and two organizations representing employees that had received benefits under the Act filed suit against state officials, the self-insured school district of Philadelphia, and a number of private insurance companies. Their complaint alleged that the state and private defendants, acting under color of state law, had deprived them of property in violation of due process.

Apprendi v. New Jersey

Charles C. Apprendi, Jr. fired several shots into the home of an African-American family. While in custody, Apprendi made a statement, which he later retracted, that he did not want the family in his neighborhood because of their race. Apprendi was charged under New Jersey law with second-degree possession of a firearm for an unlawful purpose, which carries a prison term of 5 to 10 years. The count did not refer to the state's hate crime statute, which provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, that the defendant committed the crime with a purpose to intimidate a person or group because of race. After Apprendi pleaded guilty, the prosecutor filed a motion to enhance the sentence. The court found, by a preponderance of the evidence, that the shooting was racially motivated and sentenced Apprendi to a 12-year term on the firearms count. In upholding the sentence, the appeals court rejected Apprendi's claim that the Due Process Clause requires that a bias finding be proved to a jury beyond a reasonable doubt. The State Supreme Court affirmed.

Arcara v. Cloud Books, Inc.

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Arizona v. Youngblood

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Arkansas Ed. Television Comm. v. Forbes

During the 1992 race for Arkansas' Third Congressional District, the Arkansas Educational Television Commission (AETC) -- a state-owned public television broadcaster -- sponsored a debate between the major party candidates. Running as an independent candidate with little popular support, Ralph Forbes sought to participate in the debate but was denied permission. After unsuccessfully challenging AETC's refusal in district court, Forbes appealed and won a reversal. AETC then appealed and the Supreme Court granted certiorari.

Arkansas v. Sullivan

In 1998, Officer Joe Taylor of the Conway, Arkansas, Police Department stopped Kenneth Andrew Sullivan for traffic violations. When Officer Taylor saw Sullivan's license, he realized that he was aware of narcotics intelligence regarding him. Sullivan was then arrested. Afterwards Officer Taylor conducted an inventory search of Sullivan's vehicle and discovered methamphetamine as well as items of drug paraphernalia. Ultimately, Sullivan was charged with various state-law drug offenses, unlawful possession of a weapon, and speeding. Sullivan moved to suppress the evidence seized from his vehicle on the basis that his arrest was merely a "pretext and sham to search" him and, therefore, violated the Fourth and Fourteenth Amendments. The trial court granted the motion and the Arkansas Supreme Court affirmed. In petitioning for rehearing, the State argued that the court had erred by taking into account Office Taylor's subjective motivation using Whren v. United States, which makes "the ulterior motives of police officers...irrelevant so long as there is probable cause for the traffic stop." The court rejected the argument and denied the petition.

Armstrong v. Armstrong

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Atascadero State Hospital v. Scanlon

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Atkins v. Parker

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Baker v. General Motors Corp.

After working for General Motors Corporation (GM) for fifteen years as a vehicular fire analyst, Ronald Elwell sued GM for wrongful discharge. In an eventual settlement agreement reached in a Michigan county court, the parties agreed to a permanent injunction barring Elwell from testifying against GM without its consent, unless subpoenaed to do so by another court or tribunal. Thereafter, when Kenneth Lee Baker commenced a product liability action against GM in a Missouri county court, Elwell was subpoenaed to testify on Baker's behalf. When GM argued that Elwell was barred from testifying under the Michigan court injunction, the Missouri court disagreed and permitted his deposition and testimony. After suffering an adverse verdict in the Baker case, GM appealed on the basis that Elwell's testimony was illegally admitted. When a federal appeals court agreed with GM, Baker appealed and the Supreme Court granted certiorari.

Bank Of America v. Parnell

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Bank Of Nova Scotia v. United States

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Barnes v. United States

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Bates v. Little Rock

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Beard v. Banks

Pennsylvania houses "incorrigible, recalcitrant" prisoners in the Long Term Segregation Unit (LTSU). Ronald Banks was one of about 40 prisoners in level 2 of the LTSU, which is reserved for the most dangerous, worst-behaved inmates. It is the policy of the LTSU to impose severe restrictions on the privileges of level 2 inmates. In particular, level 2 prisoners are the only ones denied newspapers, magazines, and photographs. Beard, the Secretary of the PA Department of Corrections, argued that this policy was necessary to promote rehabilitation and ensure prison safety. Banks brought a suit challenging the policy as a violation of the First Amendment. On the recommendation of a Magistrate Judge, the District Court ruled in favor of Beard. On appeal, however, the Third Circuit Court of Appeals reversed. The Circuit Court found that the prison's policy failed to meet the test laid down by the Supreme Court in Turner v. Safley. The Third Circuit held that the First Amendment rights of the prisoners took precedence, because the policy was unrelated to the goal of rehabilitation, and an ineffective method of increasing prison safety.

Beck v. Prupis

Robert A. Beck, II, of Southeastern Insurance Group (SIG), alleged that after he discovered former senior officer and director Ronald M. Prupis' unlawful conduct and contacted regulators, Prupis enacted a scheme to remove him from SIG. Beck sued Prupis under the Racketeer Influenced and Corrupt Organizations Act (RICO). Beck alleged that his injury, the loss of his employment, served to further Prupis' conspiracy and therefore provided a cause of action under RICO. The District Court dismissed Beck's RICO conspiracy claim. The court agreed with Prupis that employees who are terminated for refusing to participate in RICO activities, or who threaten to report RICO activities, do not have standing to sue under RICO for damages from their loss of employment. In affirming, the Court of Appeals held that because the act causing Beck's injury was not an act of racketeering, it could not support a RICO cause of action.

Becker v. Montgomery

Dale G. Becker, an Ohio prisoner, instituted a pro se civil rights action to contest the conditions of his confinement. Ultimately, the District Court dismissed Becker's complaint. In appealing, Becker, still pro se, filed his notice of appeal using a government-printed form, on which he filled in all of the required information. On the line labeled "Counsel for Appellant" Becker typed, but did not sign, his name. The form contained no indication of a signature requirement. The District Court docketed the notice, sent a copy to the Court of Appeals, and granted Becker leave to proceed in forma pauperis on appeal. Ultimately, the Court of Appeals, after notifying Becker that the court would not hold him to the same standards it required of attorneys in stating his case, dismissed the appeal on its own motion. The court held that the notice of appeal was fatally defective because it was not signed.

Bell v. New Jersey

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Bennett v. Arkansas

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Bennett v. Kentucky Dept. Of Education

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Bennett v. New Jersey

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Bethel School District No. 403 v. Fraser

At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which "substantially interferes with the educational process . . . including the use of obscene, profane language or gestures." Fraser was suspended from school for two days.

Bibb v. Navajo Freight Lines Inc.

The Illinois legislature adopted a law requiring all trucks and trailers traveling on the state's highways to operate with contour mudguards. The legislators believed that this specific type of mudguard would protect motorists by preventing trucks from throwing debris into the windshields of passing or trailing vehicles.

Board of County Commissioners v. Umbehr

Umbehr was an independent trash-hauling contractor for Wabaunsee County, Kansas. He frequently criticized the County's Board of Commissioners (the Board). When the Board voted to terminate his contract, supposedly because the Board grew tired of his constant criticisms, Umbehr filed suit against two of the Board's members. Umbehr alleged that his termination resulted from his criticisms of the Board and, therefore, infringed on his First Amendment right to freedom of speech. On appeal from the District Court's grant of summary judgment to the Board, the Tenth Circuit reversed and the Supreme Court granted Umbehr's petition for certiorari.

Board Of Ed. v. National Gay Task Force

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Board of Education v. Earls

The Student Activities Drug Testing Policy adopted by the Tecumseh, Oklahoma School District (School District) requires all middle and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity. Two Tecumseh High School students and their parents brought suit, alleging that the policy violates the Fourth Amendment. The District Court granted the School District summary judgment. In reversing, the Court of Appeals held that the policy violated the Fourth Amendment. The appellate court concluded that before imposing a suspicionless drug-testing program a school must demonstrate some identifiable drug abuse problem among a sufficient number of those tested, such that testing that group will actually redress its drug problem, which the School District had failed to demonstrate.

Board Of Education v. Pico

The Island Trees Union Free School District's Board of Education (the "Board"), acting contrary to the recommendations of a committee of parents and school staff, ordered that certain books be removed from its district's junior high and high school libraries. In support of its actions, the Board said such books were: "anti-American, anti-Christian, anti-Semitic, and just plain filthy." Acting through his friend Francis Pico, and on behalf of several other students, Steven Pico brought suit in federal district court challenging the Board's decision to remove the books. The Board won; the U.S. Court of Appeals for the Second Circuit reversed. The Board petitioned the U.S. Supreme Court, which granted certiorari.

Board Of Education v. Vail

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Board of Regents Univ. Wisc. v. Southworth

The University of Wisconsin, a public university, requires students to pay an activity fee. The fee supports various campus services and extracurricular student activities including the Future Financial Gurus of America; the International Socialist Organization; the College Democrats and Republicans; and the American Civil Liberties Union Campus Chapter. Scott Harold Southworth filed suit against the University, alleging that the fee violated his rights of free speech, free association, and free exercise under the First Amendment. Southworth argued that the University must grant him the choice not to fund registered student organizations (RSO) that engage in political and ideological expression offensive to his personal beliefs. In granting Southworth judgment, the Federal District Court concluded that the fee program compelled students to support political and ideological activities with which they disagree in violation of their First Amendment rights to freedom of speech and association. The court declared the fee program invalid and enjoined the University from using the fees to fund any RSO engaging in political or ideological speech. In affirming, the Court of Appeals concluded that the fee program was "not germane to the University's mission, did not further a vital University policy, and imposed too much of a burden on [Southworth's] free speech rights."

Board of Trustees v. Garrett

After Patricia Garrett, Director of Nursing for the University of Alabama, was diagnosed with breast cancer, her treatment forced her to take a substantial leave from work. Upon her return, her supervisor informed her she would have to give up her position. Milton Ash, a security officer for the Alabama Department of Youth Services, who suffers from chronic asthma, requested that his employer modify his duties to accommodate him. Ultimately, none of Ash's requested relief was granted and his job performance evaluations fell. Both Garrett and Ash filed discrimination suits against their Alabama state employers, seeking money damages under Title I of the Americans with Disabilities Act of 1990 (ADA), which prohibits the States and other employers from "discriminating against a qualified individual with a disability because of that disability... in regard to... terms, conditions, and privileges of employment." The District Court disposed of both cases by ruling that the ADA exceeds Congress' authority to abrogate the State's Eleventh Amendment immunity. The Court of Appeals reversed.

Bond v. Floyd

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Bonelli Cattle Co. v. Arizona

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Bonito Boats, Inc. v. Thunder Craft Boats, Inc.

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Bowers v. Hardwick

Michael Hardwick was observed by a Georgia police officer while engaging in the act of consensual homosexual sodomy with another adult in the bedroom of his home. After being charged with violating a Georgia statute that criminalized sodomy, Hardwick challenged the statute's constitutionality in Federal District Court. Following a ruling that Hardwick failed to state a claim, the court dismissed. On appeal, the Court of Appeals reversed and remanded, holding that Georgia's statute was unconstitutional. Georgia's Attorney General, Michael J. Bowers, appealed to the Supreme Court and was granted certiorari.

Bowsher v. Synar

Due to rising government budget deficits during the first term of the Reagan Administration, Congress passed the Gramm-Rudman-Hollings Deficit Control Act of 1985. The act was designed to eliminate the federal budget deficit by restricting spending during fiscal years 1986 through 1991. Under the law, if maximum allowable deficit amounts were exceeded, automatic cuts, as requested by the Comptroller General, would go into effect. This case was decided together with O'Neill v. Synar and United States Senate v. Synar.

Brandenburg v. Ohio

Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism."

Branti v. Finkel

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Branzburg v. Hayes

After observing and interviewing a number of people synthesizing and using drugs in a two-county area in Kentucky, Branzburg, a reporter, wrote a story which appeared in a Louisville newspaper. On two occasions he was called to testify before state grand juries which were investigating drug crimes. Branzburg refused to testify and potentially disclose the identities of his confidential sources. Similarly, in the companion cases of In re Pappas and United States v. Caldwell, two different reporters, each covering activity within the Black Panther organization, were called to testify before grand juries and reveal trusted information. Like Branzburg, both Pappas and Caldwell refused to appear before their respective grand juries.

Brentwood Acad. v. TN Sec. School Ath. Assn.

The Tennessee Secondary School Athletic Association (Association) is a not-for-profit membership corporation organized to regulate interscholastic sports among its members, a large portion of the public and private high schools in Tennessee. The Association's role in regulating interscholastic competition in public schools has been long acknowledged by the State Board of Education. Brentwood Academy sued the Association after it penalized the academy for placing "undue influence" on football recruits. At the time, all the voting members of the Association were public school administrators. Brentwood claimed that the rule's enforcement was state action that violated the First and Fourteenth Amendments. The District Court agreed and enjoined the rule's enforcement. In reversing, the Court of Appeals concluded that there was no state action.

Broadrick v. Oklahoma

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Brown v. Glines

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Brown v. Hartlage

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Brownell v. Chase National Bank

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Buckley v. American Constitutional Law Foundation Inc.

Colorado practices an initiative-petition process in which citizens can make laws directly through balloting initiatives. Acting on behalf of ballot petitioners, the American Constitutional Law Foundation (Foundation) challenged the constitutionality of six limitations imposed by Colorado on the petitioning process. After mixed rulings in both trial and appellate courts, the Supreme Court granted certiorari to review three of the six original restrictions. The first required petition circulators to be registered voters. The second required them to wear identification badges with their names, status as "volunteer" or "paid," and if the latter then their employer's phone number. The third required initiative proponents to report names, addresses, and registration voting counties for all paid circulators, as well as salary per petition signature, and each circulator's total salary. Proponents also had to report, on a monthly basis, all proponent names, names and addresses of circulators, circulators' monthly salary and debt totals, and the name of each proposed ballot measure.

Burson v. Freeman

Freeman, a Tennessee political campaign treasurer, challenged the constitutionality of the Tennessee Code forbidding the solicitation of votes and the display or distribution of campaign materials within 100 feet of entrances to polling facilities. On appeal from a lower court's dismissal, the Tennessee Supreme Court reversed, finding that the 100-foot ban was unconstitutional. The Supreme Court granted Burson certiorari.

Bus Employees v. Missouri

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Butterworth v. Smith

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California Franchise Tax Board v. Hyatt

Gilbert Hyatt filed a part-year resident income-tax return in California for 1991, which represented that he had become a Nevada resident in October 1991, shortly before he received substantial licensing fees. The California Franchise Tax Board (CFTB) determined that Hyatt was a California resident until April 1992 and issued notices of proposed assessments and imposed substantial civil fraud penalties. Hyatt filed suit against CFTB in a Nevada state court, alleging that CFTB had committed negligence and intentional torts during the course of its audit. CFTB argued that the state court lacked subject matter jurisdiction because full faith and credit required that the court apply California law immunizing CFTB from suit. Ultimately, the Nevada Supreme Court allowed the intentional tort claims to proceed to trial. The court held that affording CFTB statutory immunity with respect to intentional torts would contravene Nevada's interest in protecting its citizens from injurious intentional torts and bad faith acts committed by sister States' government employees.

California v. Trombetta

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Cameron v. Johnson

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Carmell v. Texas

Scott Carmell was convicted of multiple sexual offenses against his stepdaughter from 1991 to 1995, when she was 12 to 16 years old. Before September 1, 1993, the relevant Texas statute specified that a victim's testimony alone about a sexual offense could not support a conviction unless corroborated by other evidence or if the victim had informed another person of the offense within six months of its occurrence (outcry). However, the statute provided that if a victim was under 14 at the time of the offense, the victim's testimony alone could support a conviction. A 1993 amendment allowed the victim's testimony alone to support a conviction if the victim was under 18. Carmell argued, before the Texas Court of Appeals, that four of his convictions could not stand under the pre-1993 version of the law, which was in effect at the time of his alleged conduct, because they were based solely on the testimony of the victim, who was not under 14 at the time of four of the offenses and had not made a timely outcry. The court held that applying the 1993 amendment retrospectively did not violate the Ex Post Facto Clause of the Constitution because the amended statute did not alter the punishment or the elements of the offense that the State must prove. The Texas Court of Criminal Appeals denied review.

Carroll v. Princess Anne

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Carroll v. United States

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Castle Rock v. Gonzales

Jessica Gonzales requested a restraining order against her estranged husband. A state trial court issued the order, which prohibited the husband from seeing Gonzales or their three daughters except during pre-arranged visits. A month later, Gonzales's husband abducted the three children. Gonzales repeatedly urged the police to search for and arrest her husband, but the police told her to wait until later that evening and see if her husband brought the children back. During the night Gonzales's husband murdered all three children and then opened fire inside a police station, where police returned fire and killed him. Gonzales brought a complaint in federal District Court, alleging that the Castle Rock police had violated her rights under the Due Process Clause of the Constitution by willfully or negligently refusing to enforce her restraining order. The Due Process Clause states: "No state shall...deprive any person of life, liberty, or property, without due process of law..." The District Court dismissed the complaint, ruling that no principle of substantive or procedural due process allowed Gonzales to sue a local government for its failure to enforce a restraining order. On appeal, however, a panel of the Court of Appeals for the Tenth Circuit found that Gonzales had a legitimate procedural due process claim. A rehearing by the full appeals court agreed, ruling that Gonzales had a "protected property interest in the enforcement of the terms of her restraining order," which the police had violated.

Chandler v. Miller

Under a Georgia statute, all candidates for elected state office must pass a urinalysis drug test within 30 days prior to their qualifying for nomination or election. Miller, on behalf of several state office nominees from the Libertarian Party, challenged the statute's constitutionality, naming Georgia's governor and two other regulatory officials as defendants. On appeal from an adverse District Court ruling, the Eleventh Circuit affirmed and the Supreme Court granted certiorari.

Chessman v. Teets

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Chicago v. Morales

Chicago's Gang Congregation Ordinance prohibits "criminal street gang members" from loitering in public places. If a police officer observes a person whom he reasonably believes to be a gang member loitering in a public place with one or more persons, he shall order them to disperse. A violation of the ordinance arises when anyone does not promptly obey a dispersal order. An officer's discretion was purportedly limited by confining arrest authority to designated officers, establishing detailed criteria for defining street gangs and membership therein, and providing for designated, but publicly undisclosed, enforcement areas. In 1993, Jesus Morales was arrested and found guilty under the ordinance for loitering in a Chicago neighborhood after he ignored police orders to disperse. Ultimately, after Morales challenged his arrest, the Illinois Supreme Court held that the ordinance violated due process of law in that it is impermissibly vague on its face and an arbitrary restriction on personal liberties.

Citibank, N.A. v. Wells Fargo Asia Ltd.

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City Council v. Taxpayers For Vincent

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City of Lakewood v. Plain Dealer Publishing

Plain Dealer Publishing challenged the constitutionality of a Lakewood city ordinance that authorized its mayor to grant or deny applications, made by publishers, seeking permission to place newsracks on public property. The ordinance merely required Lakewood's mayor to provide an explanation, in the event of a permit denial, while empowering him to subject all permit approvals to whatever "terms and conditions" which he "deemed necessary and reasonable." On appeal from a district court ruling that found the ordinance constitutional, the Court of Appeals reversed. The Supreme Court granted Lakewood's request for certiorari.

City Of Mesquite v. Aladdin's Castle, Inc.

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Clingman v. Beaver

Oklahoma's election laws created a primary system in which a party could invite only its own members and Independents to vote in its primary. The Libertarian Party and voters registered in other parties argued the laws violated the First Amendment freedoms of expression and association by preventing the Libertarian Party from inviting members of other parties to vote in its primary elections. The district court ruled for Oklahoma. The Tenth Circuit Court of Appeals reversed and ruled Oklahoma's election laws violated the First Amendment.

Clinton v. City of New York

This case consolidates two separate challenges to the constitutionality of two cancellations, made by President William J. Clinton, under the Line Item Veto Act ("Act"). In the first, the City of New York, two hospital associations, a hospital, and two health care unions, challenged the President's cancellation of a provision in the Balanced Budget Act of 1997 which relinquished the Federal Government's ability to recoup nearly $2.6 billion in taxes levied against Medicaid providers by the State of New York. In the second, the Snake River farmer's cooperative and one of its individual members challenged the President's cancellation of a provision of the Taxpayer Relief Act of 1997. The provision permitted some food refiners and processors to defer recognition of their capital gains in exchange for selling their stock to eligible farmers' cooperatives. After a district court held the Act unconstitutional, the Supreme Court granted certiorari on expedited appeal.

Cohen v. Cowles Media Co.

Cohen was a campaign associate in the 1982 Minnesota gubernatorial race. He gave court records concerning another party's candidate for lieutenant governor to the St. Paul Pioneer Press and the Minneapolis Star and Tribune. Though he had received a promise of confidentiality from the reporters, the papers identified Cohen in their stories. He was fired as a result. Cohen sued the papers in state court, alleging a breach of contract. At trial, Cohen won compensatory damages and the state appellate court upheld the award. But the Minnesota Supreme Court reversed, ruling that Cohen's claim relied on state "promissory estoppel" law, a law that essentially prevented a promisor from breaking a promise. The court ruled that the First Amendment's free press guarantee prevented promissory estoppel from applying to the newspapers.

College Savings Bank v. Florida Prepaid

This case is the second tier of a patent infringement action. College Savings Bank, a New Jersey chartered bank, markets and sells certificates of deposit designed to finance college costs. Florida Prepaid Postsecondary Education Expense Board (Florida Prepaid), a Florida state entity, administers a tuition prepayment program. In addition to its original patent infringement action, College Savings filed an action alleging that Florida Prepaid violated section 43 of the Lanham Act by making misstatements about its tuition savings plans in its brochures and annual reports. The Trademark Remedy Clarification Act (TRCA) subjects states to suits brought under section 43(a) of the Lanham Act for false and misleading advertising. The District Court granted Florida Prepaid's motion to dismiss on sovereign immunity grounds. The court rejected arguments from College Savings and the United States that Florida Prepaid had waived its sovereign immunity by engaging in interstate marketing and administration of its program after the TRCA made clear that such activity would subject it to suit; and that Congress's abrogation of sovereign immunity in the TRCA was effective, since it was enacted to enforce the Fourteenth Amendment's Due Process Clause. The Court of Appeals affirmed.

Colorado Comm'n v. Continental

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Columbia Broadcasting v. Democratic Comm.

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Commissioner v. Estate Of Bosch

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Connick v. Myers

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Consolidated Edison Co. v. Public Ser v. Comm'n

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Cooper v. Oklahoma

Byron Keith Cooper was charged with the murder of an 86-year-old man in the course of a burglary. After an Oklahoma jury found him guilty of first-degree murder and recommended punishment by death, the trial court imposed the death penalty. Cooper's competence was considered on five separate occasions, whether he had the ability to understand the charges against him and to assist defense counsel. Oklahoma law presumes that a criminal defendant is competent to stand trial unless he proves his incompetence by clear and convincing evidence. Despite Cooper's bizarre behavior and conflicting expert testimony, he was found competent on separate occasions before and during his trial. In affirming the conviction and sentence, the Oklahoma Court of Criminal Appeals rejected Cooper's argument that the State's presumption of competence, combined with its clear and convincing evidence standard, placed such an onerous burden on him as to violate due process under the Fourteenth Amendment.

Coppedge v. United States

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Corbett v. Stergios

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Cornelius v. NAACP Legal Defense & Ed. Fund

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Cousins v. Wigoda

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Crist v. Bretz

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Csc v. Letter Carriers

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Custis v. United States

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Dallas v. Stanglin

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Daniels v. United States

In 1994, Earthy D. Daniels, Jr., was convicted of being a felon in possession of a firearm. Under the Armed Career Criminal Act of 1984 (ACCA), which imposes a mandatory minimum 15-year sentence on anyone convicted of being a felon in possession of a firearm and who has three previous convictions for a violent felony, Daniels' sentence was enhanced. After an unsuccessful appeal, Daniels filed a motion to vacate, set aside, or correct his federal sentence. Daniels argued that his sentence violated the Constitution because it was based in part on two prior convictions that were themselves unconstitutional. The District Court denied the motion. The Court of Appeals affirmed.

Dawson v. Delaware

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Deal v. United States

Between January and April 1990, Thomas Lee Deal committed six bank robberies. In each robbery, he used a gun. Subsequently, Deal was convicted, in a single proceeding, of six counts of carrying and using a firearm during and in relation to a crime of violence in violation of 18 USC section 924(c)(1). Section 924(c)(1) prescribes a 5-year prison term for the first such conviction, in addition to the punishment provided for the crime of violence, and requires a 20-year sentence "in the case of [a] second or subsequent conviction under this subsection." The District Court sentenced Deal to 5 years' imprisonment on the first section 924(c)(1) count and to 20 years on each of the five other counts, the terms to run consecutively. The Court of Appeals affirmed.

Deck v. Missouri

After the Missouri Supreme Court set aside Carman Deck's death sentence, Deck was presented at his new sentence hearing shackled with leg irons, handcuffs and a belly chain. Deck was again sentenced to death. The state supreme court rejected Deck's claim that his shackling violated the U.S. Constitution.

Demarest v. Manspeaker

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Democratic Party Of U.S. v. Wisconsin

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Denver Area Consortium v. FCC

Sections 10(a) and 10(c) of the 1992 Cable Television Consumer Protection and Competition Act (the Act) empower leased access channel cable operators to control programming that they believe is indecent and obscene. Section 10(b) of the Act requires public access channel cable operators to restrict "patently offensive" programming to a single channel, access to which must be restricted to those subscribers who submit written requests. Petitioners, television access programmers and cable television viewers, filed suit alleging that the Act's empowerments and restrictions violated their First Amendment right to freedom of speech. This case was consolidated with Alliance for Community Media v. FCC.

Dept of Commerce v. U.S. House of Representatives

Under the Census Clause (Art. I, Sect. 2, Cl. 3), Congress is authorized to conduct a census of the American public every 10 years. Among other purposes, the census provides a basis for apportionment of congressional districts. Under the Census Act, Congress delegated this responsibility to the Secretary of Commerce (Secretary). When the Census Bureau (Bureau) announced plans to use two new forms of discretionary statistical sampling in the 2000 census, various United States residents, counties, and the House of Representatives challenged the constitutionality of the new sampling methods in two separate suits. On direct appeals from three-judge district courts enjoining the use of the new sampling methods, the Supreme Court consolidated the cases and granted certiorari.

Dixon v. United States

Keshia Dixon was arrested for illegally purchasing firearms. At her trial, Dixon raised a duress defense, claiming that her boyfriend abused her and that she feared he would harm or kill her or her daughters if she did not buy the firearms. Upon being convicted, Dixon appealed to the Fifth Circuit Court of Appeals, arguing that she should not bear the evidentiary burden of proving her duress claim. The Circuit Court rejected Dixon's argument, noting that the circuit's previous cases had clearly established that the duress defense requires the defendant to prove duress by a preponderance of evidence. This ruling conflicted with a ruling on a similar case in the Sixth Circuit Court of Appeals. Dixon appealed to the Supreme Court, which agreed to consider the narrow question of the burden of proof.

Doe v. Chao

Seven coal miners sued the Department of Labor, claiming that the department had violated the federal Privacy Act and the right to privacy found in the federal Constitution by releasing their social security numbers (SSNs). The Privacy Act stated that any "person entitled to recovery" in a suit against the government for a violation of privacy would be awarded "actual damages sustained by the individual... but in no case... [would the damages awarded be] less than the sum of $1000" and attorney fees.

The miners argued that all they needed to prove in order to receive the $1000 minimum award was that the government had violated their privacy by releasing their SSNs; they did not need to prove that they had suffered actual damages. They maintained that the inclusion of "actual damages" in the act was only intended to limit the size of judgments awarded against the government, not to require proof of actual damage. The government argued that the act required the miners to prove that they had been harmed by the government's violation of their privacy.

The district court ruled in favor of the government. A divided Fourth Circuit Court of Appeals panel affirmed.

Dombrowski v. Pfister

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Donovan v. City Of Dallas

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Dowling v. United States

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Drope v. Missouri

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Elrod v. Burns

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Eu v. San Francisco Democratic Comm.

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F. H. A. v. The Darlington, Inc.

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FCC v. League of Women Voters of California

The Public Broadcasting Act of 1967 allocated federal funds to noncommercial television and radio stations to support operations and educational programming. The act did not allow stations receiving money under the act to "engage in editorializing."

FCC v. Pacifica Foundation

During a mid-afternoon weekly broadcast, a New York radio station aired George Carlin's monologue, "Filthy Words." Carlin spoke of the words that could not be said on the public airwaves. His list included shit, piss, fuck, cunt, cocksucker, motherfucker, and tits. The station warned listeners that the monologue included "sensitive language which might be regarded as offensive to some." The FCC received a complaint from a man who stated that he had heard the broadcast while driving with his young son.

FDIC v. Philadelphia Gear

Orion Manufacturing Corporation (Orion) was a customer of Philadelphia Gear Corporation (PG). To provide a guarantee of payment to PG, Orion obtained a letter of credit for the benefit of PG from Penn Square Bank, N.A. (Bank). If Orion failed to pay an invoice to PG for at least 15 days, PG could draw upon that line of credit, up to $145,200. This type of credit line, meant to guarantee payment to a seller, is referred to as a standby letter of credit. To back up that line of credit, Orion executed an unsecured promissory note in favor of the Bank. This note is referred to as a backup letter of credit. Nothing was due on the backup letter of credit unless PG presented drafts on the standby letter of credit. Thus the backup letter was a contingent promissory note. The Bank did not credit any account of Orion's in exchange for the note, and did not treat its own assets as increased by its acceptance of the note. In 1982, the Bank was declared insolvent and the Federal Deposit Insurance Corporation (FDIC) was appointed its receiver. PG presented drafts on the standby letter of credit for goods delivered before the Bank's insolvency, but the FDIC returned them unpaid. PG sued the FDIC, claiming that the standby letter of credit was an insured deposit under the definition of "deposit" set forth at 12 U.S.C. Section 1813(l)(1), and that PG was therefore entitled to $100,000 in deposit insurance.

Fiore v. White

William Fiore and his co-defendant, David Scarpone, were convicted of operating a hazardous waste facility without a permit in violation of Pennsylvania State law after deliberately altering a monitoring pipe. Fiore appealed his conviction to the Pennsylvania Superior Court, which affirmed the conviction. The Pennsylvania Supreme Court then denied further review of Fiore's case, and his conviction became final. Scarpone appealed his conviction to the Pennsylvania Commonwealth Court, which noted the existence of a "valid permit" and set aside the conviction. On appeal, the Pennsylvania Supreme Court agreed and found that Scarpone's conduct did not constitute the operation of the facility without a permit because the law Fiore and Scarpone were convicted under does not apply to those who possess a permit but deviate radically from the permit's terms. Fiore had asked the Pennsylvania Supreme Court to review his case after it had agreed to review Scarpone's case and twice more after it decided Scarpone. The court denied Fiore's requests. Ultimately, Fiore sought federal habeas relief, arguing that the U.S. Constitution required that his conviction be set aside because his conduct was not criminal under the statutory section charged. The District Court granted his petition. In reversing, the Court of Appeals concluded that state courts have no obligation to apply their decisions retroactively.

First Nat. Bank v. Walker Bank

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First Nat. City Bank v. Banco Para El Comercio

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Florida Prepaid v. College Savings Bank

Immediately after the Patent and Plant Variety Protection Remedy Clarification Act (Act) changed patent laws to abrogate state's sovereign immunity, College Savings Bank (College) filed a patent infringement suit against Florida Prepaid Postsecondary Education Expense Board (Florida Prepaid), a Florida state entity. Florida Prepaid asked that College's suit be dismissed and that the Act be declared unconstitutional, based on Seminole Tribe of Florida v. Florida (517 US 44) which upheld state sovereign immunity. The United States joined College looking to uphold the Act's constitutionality. After agreeing with College, the District Court denied Florida Prepaid's dismissal motion. When the Federal Circuit affirmed, Florida Prepaid appealed and the Supreme Court granted certiorari.

Flower v. United States

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Food Employees v. Logan Plaza

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Forsyth County, Georgia v. Nationalist Movement

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Foucha v. Louisiana

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Franconia Associates v. United States

Under the Housing Act of 1949, the Farmers Home Administration makes direct loans to private, nonprofit entities to develop and/or construct rural housing for the elderly and low- or middle-income individuals and families. Franconia Associates is a property owner that entered into such loans before December 21, 1979. The promissory notes Franconia executed authorized "prepaymen[t] of scheduled installments, or any portion thereof...at any time at the option of Borrower." In 1988, Congress enacted the Emergency Low Income Housing Preservation Act of 1987 (ELIHPA), which amended the Housing Act of 1949 to impose permanent restrictions upon prepayment of mortgages entered into before December 21, 1979. In 1997, Franconia filed suit, charging that ELIHPA abridged the absolute prepayment right set forth in their promissory notes and thereby effected a repudiation of their contracts. In dismissing Franconia's contract claims as untimely, the Court of Federal Claims concluded that the claims first accrued on the ELIHPA regulations' effective date. In affirming on statute of limitations grounds, the Federal Circuit ruled that, if the Government's continuing duty to allow Franconia to prepay their loans was breached, the breach occurred immediately upon ELIHPA's enactment date.

Freedman v. Maryland

Maryland required that all films be submitted to a board of censors before being exhibited. The board could disapprove films that were obscene, debased or corrupted morals, or tended to incite crime. There was no time limit on the decision-making process. Ronald Freedman challenged the law as unconstitutional due to the procedures to obtain approval. He did not suggest that prior approval itself was unconstitutional.

Frew v. Hawkins

In 1996, Linda Frew and other citizens settled a class-action lawsuit in federal district court against the Texas Health and Human Services Commission. Settlement was reached through a consent agree, in which the parties make an agreement that is subject to court supervision. As part of this consent decree, Texas was supposed to improve health care for poor children to comply with a federally mandated program called Early and Periodic Screening, Diagnosis and Treatment. Two years later, Frew and others remained unsatisfied that Texas was complying with the federal requirements, and asked the court to force Texas to create a plan for how it would improve health care. Texas refused, however, claiming that it was immune from the court order under the 11th Amendment, which provides for state sovereignty. Texas argued that because no federal rights had been violated, suit could not be brought in federal court. The Fifth Circuit Court of Appeals agreed with Texas.

Freytag v. Commissioner of Internal Revenue

Under 26 U.S.C. 7443A(b), the Chief Judge of the United States Tax Court (an Article I Court established by Congress) may appoint special trial judges to certain specified proceedings explicitly laid out in the statute, in which the special trial judges may issue decisions. He may also appoint them to "any other proceeding which the chief judge may designate," but in those unspecified cases the special trial judge may not issue a final decision, only draft an opinion which must be reviewed by a regular judge of the Tax Court.

Freytag and several other defendants were charged with using a tax shelter to avoid paying roughly $1.5 billion in taxes. They consented to have their case heard by a special trial judge. The trial judge eventually drafted an opinion unfavorable to their position, which was reviewed and adopted by the Chief Judge. They then appealed the case, arguing that their case was too complex to assign to a special trial judge under section 7443A. Congress's decision to allow the Chief Judge to make such an assignment, they argued, violated the Appointments Clause of the Constitution (Article II Section 2), which provides that Congress may "vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Freytag asserted that the "Courts of Law" referred to there were only Article III courts (Federal District Courts, Circuit Courts of Appeals, and the Supreme Court, all of which have judges with lifetime tenure), and that the Chief Judge was part of an Article I court, meaning that Congress could not assign him the power of appointment. The Fifth Circuit Court of Appeals rejected that argument, affirming the Tax Court's decisions.

Frisby v. Schultz

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Fry v. United States

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FW/PBS, Inc. v. Dallas

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Garcetti v. Ceballos

Richard Ceballos, an employee of the Los Angeles District Attorney's office, found that a sheriff misrepresented facts in a search warrant affidavit. Ceballos notified the attorneys prosecuting the case stemming from that arrest and all agreed that the affidavit was questionable, but the D.A.'s office refused to dismiss the case. Ceballos then told the defense he believed the affidavit contained false statements, and defense counsel subpoenaed him to testify. Seeking damages in federal district court, Ceballos alleged that D.A.s in the office retaliated against him for his cooperation with the defense, which he argued was protected by the First Amendment. The district court ruled that the district attorneys were protected by qualified immunity, but the Ninth Circuit reversed and ruled for Ceballos, holding that qualified immunity was not available to the defendants because Ceballos had been engaged in speech that addressed matters of public concern and was thus protected by the First Amendment.

Garcia v. San Antonio Metro. Transit Authority

The San Antonio Metropolitan Transit Authority (SAMTA), the main provider of transportation in the San Antonio metropolitan area, claimed it was exempt from the minimum-wage and overtime requirements of the Fair Labor Standards Act. SAMTA argued that it was providing a "traditional" governmental function, which exempted it from federal controls according to the doctrine of federalism established in National League of Cities v. Usery (1976). Joe G. Garcia, an employee of SAMTA, brought suit for overtime pay under Fair Labor Standards Act.

Gentile v. State Bar Of Nevada

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Giaccio v. Pennsylvania

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Giglio v. United States

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Givhan v. Western Line Consol. School Dist.

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Globe Newspaper Co. v. Superior Court

A Massachusetts law required trial courts to exclude members of the press and public from certain cases involving sexual offenses and testimony of victims less than eighteen years old. In a trial involving a male who was accused of raping three minors, the court, acting in reference to the Massachusetts statute, conducted a closed trial.

Gomez v. United States

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Gonzaga University v. Doe

A student at Gonzaga University planned to become a public elementary school teacher in Washington, which required all new teachers to obtain an affidavit of good moral character from their graduating colleges. Gonzaga's teacher certification specialist overheard one student tell another that the student had engaged in sexual misconduct, contacted the state agency responsible for teacher certification, and discussed the allegations, identifying the student by name. Ultimately, the student was told that he would not receive his certification affidavit. The student sued Gonzaga in state court, alleging a violation of the Family Educational Rights and Privacy Act of 1974 (FERPA), which prohibits the federal funding of schools that have a policy or practice of permitting the release of students' education records without their parents' written consent. A jury awarded the student compensatory and punitive damages. Ultimately, the State Supreme Court acknowledged that FERPA does not give rise to a private cause of action, but reasoned that the nondisclosure provision creates a federal right that is enforceable.

Good News Club v. Milford Central School

Under New York law, Milford Central School policy authorizes district residents to use its building after school for certain activities. Stephen and Darleen Fournier were district residents eligible to use the school's facilities. They sought approval of their proposed use and sponsorship of the Good News Club, a private Christian organization for children. The Fourniers submitted a request to hold the Club's weekly afterschool meetings at the school. Milford denied the request reasoning that the proposed use, including singing songs, hearing Bible lessons, memorizing scripture, and praying, was the equivalent of religious worship prohibited by the community use policy. The Club filed suit alleging that the denial violated its free speech rights under the First and Fourteenth Amendments. Ultimately, the District Court granted Milford summary judgment. In affirming, the Court of Appeals held that because the subject matter of the Club's was "quintessentially religious", and the activities "fall outside the bounds of pure 'moral and character development,'" Milford's policy of excluding the Club's meetings was constitutional subject discrimination, not unconstitutional viewpoint discrimination.

Gravel v. United States

In 1971, Senator Mike Gravel received a copy of the Pentagon Papers: a set of classified documents concerning U.S. involvement in the Vietnam war. Gravel then introduced the study, in its entirety, into the record of a Senate Subcommittee meeting. Gravel also arranged for the private publication of the papers by the Beacon Press. A federal grand jury subpoenaed Leonard Rodberg, one of Gravel's aides, to testify about his role in the acquisition and publication of the papers.

Greene v. United States

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Greenwood v. United States

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Greer v. Spock

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Griffin v. United States

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Groppi v. Leslie

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Hannah v. Larche

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Hartman v. Moore

William Moore sued six postal inspectors in federal court, alleging that they had brought criminal charges against him in retaliation for lobbying efforts he undertook on behalf of his company. The inspectors claimed that they had qualified immunity (that is, because they filed the charges in their official capacity on good faith, they could not be sued) and also that the case should be dismissed because they had probable cause to charge Moore. The district court sided with Moore, and the Court of Appeals for the District of Columbia agreed, finding that, even with probable cause, they must show that that the prosecution was not motivated by a desire for retaliation.

Hazelwood School District v. Kuhlmeier

The Spectrum, the school-sponsored newspaper of Hazelwood East High School, was written and edited by students. In May 1983, Robert E. Reynolds, the school principal, received the pages proofs for the May 13 issue. Reynolds found two of the articles in the issue to be inappropriate, and ordered that the pages on which the articles appeared be withheld from publication. Cathy Kuhlmeier and two other former Hazelwood East students brought the case to court.

Head v. New Mexico Board

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Healy v. James

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Heller, Secretary, Kentucky Cabinet For Human Resources v. Doe, By His Mother And Next Friend, Doe

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Hicks v. Oklahoma

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Hoffman Estates v. Flipside, Hoffman Estates

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Hoffman Plastic Compounds, Inc. v. NLRB

Hoffman Plastic Compounds, Inc. hired Jose Castro on the basis of documents appearing to verify his authorization to work in the United States. After Castro engaged in union-organizing activities, Hoffman laid him off. The National Labor Relations Board (Board) found that the layoff violated the National Labor Relations Act (NLRA) and ordered backpay for Castro. At a compliance hearing, Castor testified before an Administrative Law Judge (ALJ) that he was born in Mexico, that he had never been legally admitted to, or authorized to work in, this country, and that he gained employment with Hoffman only after tendering a birth certificate that was not his. The ALJ found that Immigration Reform and Control Act of 1986 (IRCA), which makes it unlawful for employers knowingly to hire undocumented workers or for employees to use fraudulent documents to establish employment eligibility, precluded Castro's award. In reversing, the Board noted that the most effective way to further the immigration policies embodied in IRCA is to provide the NLRA's protections and remedies to undocumented workers in the same manner as to other employees. The Court of Appeals enforced the Board's order.

Holloway v. United States

Franois Holloway, a.k.a. Abdu Ali, was charged with several federal offenses, including carjacking. Federal law defines carjacking as "tak[ing] a motor vehicle ... from ... another by force and violence or by intimidation" "with the intent to cause death or serious bodily harm." Holloway's accomplice testified that there was no intent to harm the drivers of the cars, just steal their vehicles. However, he said he would have used his gun if he had been given a "hard time." The District Court judge instructed the jury that the requisite intend under law may be conditional. Moreover, the government would satisfy this condition if it had proved to them that the defendant intended to cause death or bodily harm if the drivers refused to turn over their cars. Subsequently, the jury found Holloway guilty. The Court of Appeals affirmed. It held that a conditional intent to harm was within a reasonable interpretation of the legislative purpose of the carjacking law.

Holmes v. South Carolina

Bobby Lee Holmes was sentenced to death after he was convicted of murder and several other crimes. At trial, he was not permitted to introduce evidence suggesting that another person had committed the crimes.

Under South Carolina law, defendants "seeking to present evidence of third-party guilt must [limit the evidence] to such facts as are inconsistent with his own guilt, and to such facts as raise a reasonable inference or presumption as to his own innocence." Evidence that merely casts a bare suspicion on another person is not admissible. Using this standard, the South Carolina Supreme Court affirmed the trial court's decision not to allow the evidence.

Holt v. Virginia

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Houchins v. KQED Inc.

KQED Inc., owner of a number of licensed television and radio broadcasting stations, requested permission to inspect and take pictures of the Alameda County Jail at Santa Rita. KQED sought to investigate a recent suicide that had occurred at the facility. Houchins, the Sheriff of Alameda County, denied access to the media.

Howlett v. Rose

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Hudgens v. NLRB

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Hughey v. United States

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Hynes v. Mayor Of Oradell

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Illinois v. Fisher

Gregory Fisher was arrested and charged with possession of cocaine in 1988. He filed a motion for discovery, asking that the white powdery substance he had had in his possession be made available as evidence at trial so that he could have it independently tested in an attempt to disprove the four tests conducted by police showing that it was cocaine. The state agreed to make the substance available at a future date.

The defendant was released on bond, but in July of 1989 he failed to appear in court. He remained a fugitive for 10 years, during which time the police destroyed the substance in keeping with the standard practice of destroying old evidence. When Fisher was captured and brought to trial again in 1999, he claimed that the state had violated his Fourteenth Amendment Due Process Rights by destroying evidence that could possibly have proved his innocence after he had filed a motion for discovery. The trial court denied his motion, holding that the police had acted in "good faith" in accordance with Arizona v. Youngblood. Fisher was subsequently convicted. The Illinois Appellate Court overturned the conviction, however, holding that the case was different from Youngblood because Fisher had filed a discovery motion. The state Supreme Court declined to hear the case.

In re Pappas

Pappas, a television newsman and photographer working out of a Providence RI office of a New Bedford MA television station, was called to New Bedford to report on civil disorders involving fires and other turmoil. Pappas intended to cover a Black Panther news conference. Pappas was admitted inside the Panther headquarters after agreeing that he would not disclose anything he saw or heard. Pappas stayed for three hours. He did not write a story based on his experience. Pappas was later summoned before a grand jury but he refused to answer questions about events that took place inside Panther headquarters.

In Re Sawyer

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INS v. Chadha

In one section of the Immigration and Nationality Act, Congress authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General. Chadha had stayed in the U.S. past his visa deadline and was ordered to leave the country. The House of Representatives suspended the Immigration judge's deportation ruling. This case was decided together with United States House of Representatives v. Chadha and United States Senate v. Chadha.

Int. Society for Krishna Consciousness v. Lee

New York City's airport authority banned repetitive solicitation of money within airline terminals. Solicitation was permitted outside the terminals. The International Society for Krishna Consciousness solicits funds in public places. It challenged the regulation. A federal district court granted an injunction against the airport authority. The authority appealed.

Jackson v. Indiana

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Jones v. Helms

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Jones v. North Carolina Prisoners' Union

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Jones v. United States

In 1998, Dewey Jones, of Detroit, tossed a Molotov cocktail into the home of his cousin, James Walker, Jr., in Fort Wayne, Indiana. Walker's home was severely damaged. Subsequently, Jones was convicted in U.S. District Court of violating 18 U.S.C. section 844(i), which makes it a federal crime to "maliciously damage or destroy, ...by means of fire or an explosive, any building... used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce." The Court of Appeals affirmed Jones's conviction. Before both courts, Jones unsuccessfully argued that section 844(i), when applied to the arson of a private residence, exceeds the authority vested in Congress under the Commerce Clause of the Constitution.

Jones v. United States

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Jones v. United States

Nathaniel Jones was indicted on federal offenses for using a gun during and in relation to a crime of violence and carjacking. Federal law prescribed varying prison terms based on the extent of the carjacking crime. Specifically, it imposed a maximum of 25 years for crimes resulting in serious bodily injury, but not-more-than-fifteen-years and life sentence clauses were included in the law. The Magistrate Judge explained to Jones that he faced a maximum of fifteen years on the carjacking charge. Based on the Magistrate's judgment, the District Court's instructions to the jury rested on the fact that the government only had to prove beyond a reasonable doubt that a carjacking had occurred to convict Jones for up to fifteen years. Subsequently, the jury found Jones guilty. However, a later report showed one of the carjacking victims had sustained a serious injury to the head as a result of the carjacking. Thus, the District Court imposed a twenty-five year sentence on Jones. The court rejected Jones' arguments that a serious bodily injury had neither been pleaded in the indictment nor proved before the jury. The Court of Appeals affirmed the decision. It held that a serious bodily injury was a sentencing factor, not an element of an offense.

JPMorgan Chase Bank v. Traffic Stream (BVI) Infrastructure Ltd.

Traffic Stream (BVI) Infrastructure Ltd. is a corporation organized under the laws of the British Virgin Islands (BVI), an Overseas Territory of the United Kingdom. In 1998, Chase Manhattan Bank, now JPMorgan Chase Bank, agreed to finance certain Traffic Stream ventures, with the contract to be governed by New York law and with Traffic Stream agreeing to submit to the jurisdiction of federal courts in Manhattan. Subsequently, Chase sued Traffic Stream for defaulting on its obligations. The District Court found subject-matter jurisdiction under the alienage diversity statute, 28 USC section 1332(a)(2), which gives district courts jurisdiction over civil actions where the controversy is "between citizens of a State and citizens or subjects of a foreign state," and granted Chase summary judgment. In reversing, the Court of Appeals found that, because Traffic Stream was a citizen of an Overseas Territory and not an independent foreign state, jurisdiction was lacking.

Kansas v. Crane

In 1997, the U.S. Supreme Court upheld the constitutionality of the Kansas Sexually Violent Predator Act in Kansas v. Hendricks, 521 U.S. 346. In doing so, the Court characterized a dangerous sexual offender's confinement as civil rather than criminal and held that the confinement criterion embodied in the statute's words -- "mental abnormality or personality disorder" -- satisfied substantive due process. When the state of Kansas filed a petition in a Kansas district court to have Michael T. Crane, a previously convicted sexual offender, committed, the Kansas District Court ordered his civil commitment. In reversing, the State Supreme Court concluded that Hendricks requires a finding that the defendant cannot control his dangerous behavior even if, as provided by Kansas law, problems of emotional, and not volitional, capacity prove the source of behavior warranting commitment. The trial court had made no such finding.

Kansas v. Hendricks

As the time neared for Leroy Hendricks' release from prison, having served for his long history of child sexual molestation, the State of Kansas sought his commitment under its Sexually Violent Predator Act (Act). After testifying that he agreed with the diagnosis that he still suffered from pedophilia and is likely to molest children again, Hendricks became a candidate for civil commitment under the Act which provided for the institutionalization of persons likely to engage in "predatory acts of sexual violence" brought on by "mental abnormality" or "personality disorder[s]." On appeal from a court ordered commitment, the Kansas Supreme Court invalidated the Act as unconstitutional. The Supreme Court granted Kansas certiorari.

Keller v. State Bar of California

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Kelley v. Johnson

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Kolender v. Lawson

Lawson was a law-abiding black man of unusual deportment (he wore his hair in long dreadlocks). Lawson was frequently subjected to police questioning and harassment when he walked in white neighborhoods. Lawson challenged the California law "that requires persons who loiter or wander on the streets to provide a 'credible and reliable' identification and to account for their presence when requested by a peace officer."

Lackawanna County District Attorney v. Coss

In 1986, after being convicted for simple assault, institutional vandalism, and criminal mischief, Edward R. Coss, Jr., filed a petition for relief, but the Pennsylvania courts never ruled on the petition. In 1990, after he had served the full sentences for his 1986 convictions, Coss was convicted of aggravated assault. Ultimately, the sentencing court did not consider Coss' 1986 convictions in determining his eligible sentencing range. In choosing a sentence within the applicable range, the court considered several factors including Coss' extensive criminal record, making reference to his 1986 convictions. Coss then filed a petition for a writ of habeas corpus, claiming that his 1986 convictions were constitutionally invalid. The Federal District Court denied the petition reasoning that Coss had not been prejudiced by his 1986 counsel's ineffectiveness. The Court of Appeals found that Coss would not have been convicted in 1986 but for the ineffective assistance. The court remanded the case ordering a retrial or resentencing without consideration of the 1986 conviction.

Ladue v. Gilleo

Margaret Gilleo placed a 24-by-36-inch sign calling for peace in the Persian Gulf on her front lawn. The original sign disappeared and a subsequent sign was knocked down. She reported these incidents to the police who advised her that such signs were prohibited in Ladue. She sued the city and the District Court ordered a preliminary injunction. Ladue repealed the law and replaced it with a new one which also banned window signs. Gilleo then placed another anti-war sign in her second-story window and amended her complaint to challenge the new ordinance.

Laird v. Tatum

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Lamont v. Postmaster General

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Landmark Communications, Inc. v. Virginia

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Landon v. Plasencia

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Lapides v. Board of Regents of University System of Georgia

Paul Lapides, a professor employed by the Georgia state university system, filed a state-court lawsuit against the system?s board of regents and other university officials, alleging that the officials had violated state tort law and 42 USC section 1983 when they placed sexual harassment allegations in his personnel files. The defendants removed the case to Federal District Court and then sought a dismissal. Conceding that a state statute had waived Georgia's sovereign immunity from state-law suits in state court, the State claimed Eleventh Amendment immunity from suit in the federal court. The District Court held that Georgia had waived such immunity when it removed the case to federal court. In reversing, the Court of Appeals found that, because state law was unclear as to whether the state attorney general had the legal authority to waive Georgia's Eleventh Amendment immunity, the State retained the legal right to assert immunity, even after the removal.

Lathrop v. Donohue

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Lawrence and Garner v. Texas

Responding to a reported weapons disturbance in a private residence, Houston police entered John Lawrence's apartment and saw him and another adult man, Tyron Garner, engaging in a private, consensual sexual act. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. In affirming, the State Court of Appeals held that the statute was not unconstitutional under the Due Process Clause of the Fourteenth Amendment, with Bowers v. Hardwick, 478 U.S. 186 (1986), controlling.

Lawrence County v. Lead-Deadwood School Dist.

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Leathers v. Medlock

In 1987, Arkansas amended its Gross Receipts Act (GRA), imposing a tax on cable television but not on print media. Cable companies and others filed suit in the State Chancery Court, alleging that taxing cable services, but not print and satellite broadcast services, violated their First Amendment expressive rights and 14th Amendment equal protection rights. In 1989, after the Chancery Court upheld the amendment, Arkansas again amended the GRA, extending the tax to satellite broadcast services. On appeal, the State Supreme Court upheld the GRA. However, the court ruled that the First Amendment prohibits differential taxation among members of the same medium. Therefore, because cable and scrambled satellite television services are essentially the same, the tax was unconstitutional when it applied only to cable services.

Lebron v. National Railroad Passenger Corporation

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Lee v. Int. Soc. for Krishna Consciousness

The Port Authority of New York and New Jersey banned the distribution of flyers, brochures, pamphlets and other printed material at its airport terminals. Members of a religious group wanted to perform a ritual involving the distibution of literature at these airports. The group challenged the regulation on free expression and and free exercise grounds of the First Amendment.

Legal Services Corp. v. Velazquez

The Legal Services Corporation Act authorizes the Legal Services Corporation (LSC) to distribute funds, appropriated by Congress, to local grantee organizations, which provide free legal assistance to indigent clients in welfare benefits claims. The Omnibus Consolidated Rescissions and Appropriations Act of 1996 prohibited the LSC from funding any organization that represented clients in an effort to amend or challenge existing welfare law, among other things. The prohibition was such that grantees could not continue representation in a welfare matter even where a constitutional or statutory validity challenge became apparent after representation was well under way. LSC grantee lawyers and others filed suit to have the restriction declared unconstitutional. The District Court denied a preliminary injunction. However, the Court of Appeals invalidated the restriction, concluding that it was impermissible viewpoint discrimination that violated the First Amendment.

Lehman v. City Of Shaker Heights

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Lewis v. United States

While living on the federal Army base Fort Polk, Debra Faye Lewis was charged with the murder of her four year-old daughter. Under the federal Assimilative Crimes Act (ACA), which provides that "whoever within... any [federal enclave], is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable... within the jurisdiction of the State... in which such place is situated, ...shall be guilty of a like offense and subject to like punishment," Lewis' indictment charged a violation of Louisiana's first-degree murder statute. Lewis was convicted and sentenced to life imprisonment without parole by the District Court. On appeal, the Court of Appeals reasoned that the ACA did not apply because Congress made Lewis' acts punishable as federal second-degree murder. The appellate court, however, affirmed Lewis' conviction because the jury had necessarily found all of the requisite elements of federal second-degree murder.

Lloyd Corp. v. Tanner

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Longshoremen's Union v. Boyd

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Los Angeles v. Preferred Communications, Inc.

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Louisiana v. N. A. A. C. P.

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Lynch v. Overholser

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Madigan v. Telemarketing Associates

VietNow National Headquarters, a charitable nonprofit corporation, retained for-profit fundraising telemarketing corporations to solicit donations to aid Vietnam veterans. The contracts provided that the telemarketers would retain 85 percent of the gross receipts from Illinois donors. The Illinois Attorney General filed a complaint in state court, alleging that the telemarketers represented to donors that a significant amount of each dollar donated would be paid over to VietNow for charitable endeavors and that such representations were knowingly deceptive and materially false and constituted a fraud. The trial court granted the telemarketers' motion to dismiss on First Amendment grounds. In affirming, the Illinois Supreme Courts relied on U.S. Supreme Court precedent that held that certain regulations of charitable solicitation barring fees in excess of a prescribed level effectively imposed prior restraints on fundraising and were therefore incompatible with the First Amendment.

Madison Sch. Dist. v. Wisconsin Emp. Rel. Comm'n

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Marchioro v. Chaney

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Martin v. Ohio

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McIntyre v. Ohio Elections Commission

On April 27, 1988, Margaret McIntyre distributed leaflets to persons attending a public meeting in Ohio expressing her opposition to a proposed school tax levy. Though they were independently produced, she signed them as the views of "Concerned Parents and Tax Payers." Mrs. McIntyre was subsequently fined $100 for violating Section 3599.09(A) of the Ohio Elections Commission Code prohibiting the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature.

Mcmillan v. Pennsylvania

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Mcneil v. Director, Patuxent Institution

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Medina v. California

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Meese v. Keene

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Memphis Light, Gas & Water Div. v. Craft

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Meyer v. Grant

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Miami Herald Publishing Co. v. Tornillo

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Michael H. v. Gerald D.

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Milanovich v. United States

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Miller v. French

In 1975, inmates at the Pendleton Correctional Facility filed a class action lawsuit, which ultimately led the District Court to issue an injunction to remedy Eighth Amendment violations regarding conditions of confinement. In 1996, Congress enacted the Prison Litigation Reform Act of 1995 (PLRA), which sets a standard for the entry and termination of prospective relief in civil actions challenging prison conditions. The PLRA provides that a motion to terminate such relief "shall operate as a stay" of that relief beginning 30 days after the motion is filed and ending when the court rules on the motion. In 1997, the State of Indiana filed a motion to terminate the remedial order against the correctional facility. Under the PLRA, the motion stayed the court's original remedial order. The prisoners of Pendleton moved to enjoin the operation of the automatic stay, arguing that the automatic stay provision of the PLRA violated due process and the separation of powers doctrine. The District Court enjoined the stay. In affirming, the Court of Appeals found that the provision precluded courts from exercising their equitable powers to enjoin the stay, but concluded that the statute was unconstitutional on separation of powers grounds.

Mills v. Alabama

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Mine Workers v. Illinois Bar Assn.

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Minnesota Bd. For Community Colleges v. Knight

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Mistretta v. United States

Congress created the United States Sentencing Commission under the Sentencing Reform Act of 1984. This Commission was to attack the wide discrepancies in sentencing by federal court judges by creating sentencing guidelines for all federal offenses. It was to be part of the judicial branch, with members appointed by the President and approved by the Senate. John Mistretta (convicted of three counts of selling cocaine) claimed that the Act violated the delegation-of-powers principle by giving the Commission "excessive legislative powers." This case was decided together with United States v. Mistretta.

Montana v. Egelhoff

James Allen Egelhoff was tried in Montana courts for two counts of homicide. Egelhoff claimed that extreme intoxication rendered him physically incapable of committing or recalling the crimes. Montana law did not allow Egelhoff's intoxicated condition to be considered. Subsequently, Egelhoff was found guilty. The Supreme Court of Montana reversed the decision. It held Egelhoff had a due process right to present all relevant evidence. Moreover, it held that Montana law's denial of such a presentation relieved the state from part of its burden of proof needed to convict Egelhoff.

Moore v. Illinois

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Morrison v. Olson

The Ethics in Government Act of 1978 created a special court and empowered the Attorney General to recommend to that court the appointment of an "independent counsel" to investigate, and, if necessary, prosecute government officials for certain violations of federal criminal laws.

Mt. Healthy City Board Of Ed. v. Doyle

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Mullaney v. Wilbur

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Murphy Brothers, Inc. v. Michetti Pipestringing, Inc.

On January 26, 1996, Michetti Pipe Stringing, Inc. (Michetti), filed a complaint in Alabama state court seeking damages for an alleged breach of contract and fraud by Murphy Bros., Inc. (Murphy). Michetti did not serve Murphy then, but three days later it faxed a "courtesy copy" of the complaint to a Murphy vice president. Michetti officially served Murphy under local law by certified mail on February 12, 1996. On March 13, 1996, 30 days after service but 44 days after receiving the faxed copy of the complaint, Murphy removed the case under 28 U. S. C. ?1441 to the Federal District Court. Michetti moved to remand the case to the state court on the ground that Murphy filed the removal notice 14 days too late under 28 U. S. C. ?1446(b), which specifies that the notice "shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the [complaint]." Michetti asserted that the removal was untimely because the notice had not been filed within 30 days of the date on which Murphy's vice president received the facsimile transmission. The District Court denied the remand motion on the ground that the 30-day removal period did not commence until Murphy was officially served with a summons. On an interlocutory appeal, the Court of Appeals reversed, instructing the District Court to remand the action to state court. The court held that the defendant's receipt of a faxed copy of the filed initial pleading sufficed to commence the 30-day removal period, emphasizing the statutory words "receipt...or otherwise."

NAACP v. Alabama

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NAACP v. Button

The NAACP was prosecuted for violating a Virginia statute which banned "the improper solicitation of any legal or professional business."

Nash v. Florida Industrial Comm'n

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National Endowment for the Arts v. Finley

The National Foundation on the Arts and Humanities Act entrusts the National Endowment for the Arts (NEA) with discretion to award financial grants to the arts. The NEA's broad decision guidelines are: "artistic and cultural significance," with emphasis on "creativity and cultural diversity professional excellence," and the encouragement of "public education and appreciation of the arts." In 1990, Congress amended the criteria by requiring the NEA to consider "artistic excellence and artistic merit taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public." After suffering a funding rejection, Karen Finely, along with three other performance artists and the National Association of Artists' Organizations, challenged the NEA's amended statutory review proceedings as unconstitutionally vague and discriminatory. After consecutive district and appellate court rulings in favor of Finley, the Supreme Court granted the NEA certiorari.

National League of Cities v. Usery

In 1974, Congress passed amendments to the Fair Labor Standards Act of 1938. The purpose of the amendments was to regulate minimum wage and overtime pay for state and local government employees. The National League of Cities, as well as several states and cities, challenged the constitutionality of the amendments.

National Socialist Party v. Skokie

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Navarro Savings Assn. v. Lee

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Nebraska Press Assoc. v. Stuart

A Nebraska state trial judge, presiding over a widely publicized murder trial, entered an order restraining members of the press from publishing or broadcasting accounts of confessions made by the accused to the police. The judge felt that this measure was necessary to guarantee a fair trial to the accused.

Neitzke v. Williams

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Nevada Dept. of Human Resources v. Hibbs

William Hibbs, an employee of the Nevada Department of Human Resources, sought leave to care for his wife under the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles an eligible employee to take up to 12 workweeks of unpaid leave annually for the onset of a "serious health condition" in the employee's spouse. The Department granted Hibbs's request for the full 12 weeks of FMLA leave and, after he had exhausted that leave, informed him that he must report to work by a certain date. When Hibbs failed to do so, he was fired. Pursuant to FMLA provisions creating a private right of action "against any employer" that "interfered with, restrained, or denied the exercise of" FMLA rights, Hibbs sued in Federal District Court, seeking money damages for FMLA violations. The District Court concluded that the Eleventh Amendment barred the FMLA claim. The Court of Appeals reversed.

New York Times v. United States

In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security. This case was decided together with United States v. Washington Post Co.

New York v. O'neill

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Nixon v. Warner Communications, Inc.

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North v. Russell

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Northern Pipeline Const. v. Marathon Pipe Line

The Bankruptcy Reform Act of 1978 created a system of bankruptcy courts as an adjunct to the federal system of district courts. This case was decided together with United States v. Marathon Pipeline Co.

Nowakowski v. Maroney

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O'connor v. Donaldson

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O'Hare Truck Service v. Northlake

O'Hare Truck Service was one among several towing companies employed by the city of Northlake. Northlake kept a list of available towing companies and would only remove a company from its list after a showing of cause. In the present case, however, Northlake removed O'Hare Truck Service from its list because O'Hare's owner did not support Northlake's mayoral candidate in his reelection campaign. Instead, O'Hare's owner supported the opposition candidate. Upon removal from Northlake's employment list, O'Hare Truck Service filed suit alleging that its dismissal was a retaliation for its lack of support for Northlake's mayoral candidate. The dismissal was the cause of substantial loss in income. On appeal from the District Court's dismissal for failure to state a First Amendment violation, the Seventh Circuit affirmed. The Supreme Court granted certiorari.

Ohler v. United States

In 1997, Maria Ohler was arrested and charged with importation of marijuana and possession of marijuana with the intent to distribute, after a customs inspector noticed that someone had tampered with one of Ohler's van interior panels and discovered approximately 81 pounds of marijuana. Before the trial, the government filed in limine motions to admit Ohler's prior felony conviction as character evidence under Federal Rule of Evidence 404(b) and as impeachment evidence under Rule 609(a)(1). Also before the trial, the District Court denied the motion to admit the conviction as character evidence. After the beginning of the trail, the court ruled that if Ohler testified, evidence of her prior conviction would be admissible under Rule 609(a)(1). While testifying, Ohler admitted on direct examination that she had been convicted of possession of methamphetamine in 1993. Subsequently, Ohler was found guilty. On appeal, Ohler challenged the District Court's in limine ruling, allowing the government to use her prior conviction for impeachment purposes. In affirming, the Court of Appeals held that Ohler waived her objection by introducing evidence of the conviction during her direct examination.

Organization For A Better Austin v. Keefe

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Overton v. Bazzetta

In 1995, after the Michigan Department of Corrections (MDOC) banned visits to inmates by little brothers and sisters, nieces, nephews and other minors, a group of prisoners sued. They claimed that the ban violated the Due Process Clause of the Fourteenth Amendment and the Cruel and Unusual Punishment Clause of the Eighth Amendment, and that it restricted their First Amendment right to association. The district court agreed, ruling against the ban. On appeal, the 6th Circuit Court of Appeals unanimously affirmed the district court's ruling.

Owasso Independent School Dist. No. I011 v. Falvo

Kristja J. Falvo asked the Owasso Independent School District to ban peer grading, or the practice of allowing students to score each other's tests, papers, and assignments as the teachers explain the correct answers to the entire class, because it embarrassed her children. When the school district declined, Falvo filed an action against the school district, claming that such peer grading violates the Family Educational Rights and Privacy Act of 1974 (FERPA). FERPA authorizes federal funds to be withheld from school districts that permit students' "education records (or personally identifiable information contained therein)" to be released without their parents' written consent and defines education records as "records, files, documents, and other materials" containing information directly related to a student, which "are maintained by an educational agency or institution or by a person acting for such agency or institution." Disagreeing with Falvo, the District Court held that grades put on papers by another student are not "education records." In reversing, the Court of Appeals found that grades marked by students on each other's work are "education records," such that the very act of grading is an impermissible release of information to the student grader.

Palmer v. City Of Euclid

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Palmore v. United States

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Papachristou v. City Of Jacksonville

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Paragon Coal Co. v. Commissioner

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