Archive for
June, 2001
Wednesday, June 27th, 2001
Petitioner's claim that Rhode Island's application of its wetlands regulations took his property without compensation in violation of the Takings Clause is ripe for review and is not barred by his acquisition of title after the regulations' effective date; however, he failed to establish a deprivation of all economic use, for the parcel retains significant development value.
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Wednesday, June 27th, 2001
The rule in Cage v. Louisiana, 498 U. S. 39-that a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyond a reasonable doubt-was not "made retroactive to cases on collateral review by the Supreme Court," within the meaning of 28 U. S. C. §2244(b)(2)(A).
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Sunday, June 24th, 2001
The Mushroom Promotion, Research, and Consumer Information Act's requirement that fresh mushroom handlers pay assessments used primarily to fund advertising promoting mushroom sales violates the First Amendment.
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Sunday, June 24th, 2001
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 precludes courts of appeals from exercising jurisdiction to review a final removal order against aliens removable by reason of aggravated felony convictions, but such aliens may pursue habeas relief in the district court.
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Sunday, June 24th, 2001
Amendments that the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 made to the Immigration and Nationality Act did not affect the federal courts' habeas jurisdiction to decide pure questions of law; nor did they affect the availability of discretionary relief from deportation for aliens whose convictions were obtained through plea agreements before the amendments' effective dates.
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Sunday, June 24th, 2001
A tribal court does not have jurisdiction over tortious conduct and 42 U. S. C. §1983 claims against state officials who entered tribal land to investigate off-reservation violations of state law.
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Sunday, June 24th, 2001
Because a political party's expenditures coordinated with its candidates, unlike the party's truly independent expenditures, may be restricted to minimize circumvention of the Federal Election Campaign Act of 1971's contribution limits, the Colorado Republican Party's facial challenge to the Acts limits on parties' coordinated expenditures is rejected.
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Sunday, June 24th, 2001
Where freelance authors' articles in print periodicals were republished in electronic databases without the authors' consent, the copying was not authorized by the reproduction privilege afforded collective works publishers under §201(c) of the Copyright Act.
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Sunday, June 17th, 2001
A federal habeas petition is not an "application for State post-conviction or other collateral review" within 28 U. S. C. §2244(d)(2)'s meaning, so that provision did not toll the limitation period for filing respondent's second federal habeas petition during the pendency of his first federal habeas petition.
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Sunday, June 17th, 2001
A qualified immunity ruling requires an analysis not susceptible of fusion with the question whether unreasonable force was used in making an arrest; petitioner, a military police officer, was entitled to qualified immunity for his actions in arresting respondent.
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