Archive for March, 2004

BEDROC LTD., LLC, ET AL. v. UNITED STATES, ET AL.. Decided 03/31/2004

Tuesday, March 30th, 2004
Whether sand and gravel are “valuable minerals” reserved to the United States in land grants issued under the Pittman Underground Water Act of 1919?

UNITED STATES v. FLORES-MONTANO, MANUEL. Decided 03/30/2004

Monday, March 29th, 2004
Whether, under the 4th Amendment, customs officers at the international border must have reasonable suspicion in order to remove, disassemble, and search a vehicle's gas tank for contraband?

OFFICE OF INDEP. COUNSEL v. FAVISH, ALLAN J.. Decided 03/30/2004

Monday, March 29th, 2004
The Freedom of Information Act's Exemption 7(C)

NIXON, ATT’Y GEN. OF MO v. MO MUNICIPAL LEAGUE, ET AL.. Decided 03/24/2004

Tuesday, March 23rd, 2004
Whether 47 U.S.C. 253(a), which provides that "[n]o State ... regulation ... may prohibit ... the ability of any entity to provide any interstate or intrastate telecommunications service," preempts a state law prohibiting political subdivisions of the state from offering telecommunications service to the public?

SOUTH FL WATER MGMT. v. MICCOSUKEE TRIBE, ET AL.. Decided 03/23/2004

Monday, March 22nd, 2004
Whether the South Florida Water Management District's longstanding practice of pumping accumulated water from a water collection canal to a water conservation area within the Florida Everglades constitutes an addition of a pollutant from a point source for purposes of Section 402 the Clean Water Act, 33 U.S.C. 1342, where the water contains a pollutant but the pumping station source itself adds no pollutants to the water being pumped?

UNITED STATES v. GALLETTI. Decided 03/23/2004

Monday, March 22nd, 2004
Whether, in order to enforce the derivative liability of partners for the tax debts of their partnership, the United States must make a separate assessment of the taxes owed by the partnership against each of the partners directly?

CRAWFORD, MICHAEL D. v. WASHINGTON. Decided 03/08/2004

Sunday, March 7th, 2004

IOWA v. TOVAR, FELIPE E.. Decided 03/08/2004

Sunday, March 7th, 2004

RAYMOND B. YATES, M.D., ETC. v. HENTON, WILLIAM T.. Decided 03/02/2004

Monday, March 1st, 2004
Whether the working owner of a business (here, the sole shareholder of a corporate employer) is precluded from being a "participant" under Section 3(7) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1002(7), in an ERISA plan?

BALDWIN, GEORGE H. v. REESE, MICHAEL. Decided 03/02/2004

Monday, March 1st, 2004
By statute and this Court's caselaw, a state prisoner must exhaust available state court remedies on direct appeal or through collateral proceedings before a federal court may consider granting habeas corpus relief. This Court had held that exhaustion requires a state prisoner to fairly present his claim to the state's highest court and that fair presentment requires the prisoner to have alerted the state court that the claim is a federal one. Does a state prisoner alert the State's highest court that he is raising a federal claim when -- in that court--he neither cites a specific provision of the federal constitution nor cites at least one authority that has decided the claim on a federal basis?