Wednesday, June 23rd, 2004
(1) Whether the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 1, §§ 1 et seq., can be construed, consistent with the Constitution, principles of separation of powers, and this Court's decisions governing judicial review of Executive Branch actions, to authorize broad discovery of the process by which the Vice President and other senior advisors gathered information to advise the President on important national policy matters, based solely on an unsupported allegation in a complaint that the advisory group was not constituted as the President expressly directed and the advisory group itself reported? (2) Whether the court of appeals had mandamus or appellate jurisdiction to review the district court's unprecedented discovery orders in this litigation?
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Wednesday, June 23rd, 2004
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Sunday, June 20th, 2004
Whether it is a violation of the 4th Amendment protection against unreasonable searches and seizures to require someone to identify himself when stopped by police?
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Sunday, June 20th, 2004
(1) Whether the dismissal of a "mixed" habeas corpus petition is improper unless the district court informs the petitioner about the possibility of a stay of the proceeding pending exhaustion of state remedies and advises the petitioner with respect to the statute of limitations in the event of any refiling? (2) Whether a second, untimely habeas petition may relate back to a first habeas petition, where the first habeas petition was dismissed and the first proceeding is no longer proceeding?
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Sunday, June 20th, 2004
Whether the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. ("ERISA"), as construed by the Supreme Court in Pilot Life Insurance Co. v. Dedeaux, 481 U.S. 41 (1987), and its progeny, completely preempts state-law claims by ERISA plan participants or beneficiaries who assert that a managed care company tortiously "failed to cover" (i.e., pay for) medical care?
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Sunday, June 13th, 2004
Whether the authority of the federal courts under the Administrative Procedure Act, 5 U.S.C. 706(1), to "compel agency action unlawfully withheld or unreasonably delayed" extends to the review of the adequacy of an agency's ongoing management of public lands under general statutory standards and its own land use plans?
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Sunday, June 13th, 2004
(1) Whether Michael Newdow has standing to challenge as unconstitutional a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance? (2) Whether a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violates the Establishment Clause of the 1st Amendment, as applicable through the 14th Amendment?
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Sunday, June 13th, 2004
Whether, in order to show that a violation of Federal Rule of Criminal Procedure 11 constitutes reversible plain error, a defendant must demonstrate that he would not have pleaded guilty if the violation had not occurred?
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Sunday, June 13th, 2004
When a hostile work environment created by a supervisor culminates in a constructive discharge, may the employer assert an affirmative defense?
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