Archive for
June, 2001
Sunday, June 17th, 2001
A Customs ruling letter has no claim to deference under Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, but, under Skidmore v. Swift & Co., 323 U. S. 134, it is eligible to claim respect according to its persuasiveness.
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Sunday, June 17th, 2001
The National Government holds title, in trust for the Coeur d'Alene Tribe, to lands underlying portions of Lake Coeur d'Alene and the St. Joe River.
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Sunday, June 10th, 2001
Where the Government uses a device, such as a thermal imager, that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment "search," and is presumptively unreasonable without a warrant.
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Sunday, June 10th, 2001
Title 8 U. S. C. §1409, which provides different citizenship rules for children born abroad and out of wedlock to one United States citizen and one noncitizen depending on whether the citizen parent is the mother or the father, is consistent with the equal protection guarantee embedded in the Fifth Amendment's Due Process Clause.
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Sunday, June 10th, 2001
When Milford Central School excluded the Good News Club from meeting after hours at the school on the ground that the Club was religious in nature, it violated the Club's free speech rights; that violation is not justified by Milford's concern that permitting the Club's activities would violate the Establishment Clause.
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Sunday, June 10th, 2001
The RICO provision forbidding "any person employed by or associated with any enterprise . . . to conduct or participate . . . in the conduct of such enterprise's affairs through a pattern of racketeering activity," 18 U. S. C. §1962(c), applies when a corporate employee unlawfully conducts the affairs of the corporation of which he is the sole owner-whether he conducts those affairs within the scope, or beyond the scope, of corporate authority.
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Sunday, June 10th, 2001
The literal language of Art. IV(e) of the Interstate Agreement on Detainers-which provides that a State that obtains a prisoner for trial must try him within 120 days of his arrival, Art. IV(c), and if it returns him to his original place of imprisonment prior to that trial, charges "shall" be dismissed with prejudice, Art. IV(e)-bars further criminal proceedings when a defendant is returned to the original place of imprisonment before trial.
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Sunday, June 3rd, 2001
Because the judgment below was not "[f]inal" within the meaning of 28 U. S. C. §1257(a), this Court lacks jurisdiction to decide the question on which certiorari was granted.
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Sunday, June 3rd, 2001
The general maritime cause of action recognized in Moragne v. States Marine Lines, Inc., 398 U.S. 374, 409__for dealth caused by violation of maritime duties__is available for the negligent breach of a maritime dutry of care.
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Sunday, June 3rd, 2001
The jury instructions at Penry's resentencing for capital murder did not comply with the Court's mandate in Penry v. Lynaugh, 492 U. S. 302; the admission into evidence of statements from a psychiatric report based on an uncounseled interview with Penry did not run afoul of the Fifth Amendment.
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