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November 2000 Wednesday, November 1

ILLINOIS v. McARTHUR
No. 99-1132

Subject:
Fourth Amendment, Search and Seizure, Securing Dwelling While Awaiting Warrant

Question:
Whether police officers who have probable cause to believe that a residence contains incriminating evidence may temporarily prevent entry in order to preserve the evidence while they seek a search warrant.

Decisions:

Resources:

Briefs:

 

ROGERS v. TENNESSEE
No. 99-6218

Subject:
Ex Post Facto, Murder, Year-and-a-Day Rule

Question:
Whether the retroactive application of a judicial abolishment of the substantive rule of criminal law known as the "year-and-a-day rule" to an assault committed five years prior to that abolishment violates the Fourteenth Amendment of the United States Constitution?

Decisions:

Resources:

Briefs:

 

Monday, November 6

CIRCUIT CITY STORES, INC. v. ADAMS
No. 99-1379

Subject:
Arbitration, Federal Arbitration Act, Employment Contracts

Question:
Whether the Ninth Circuit erred in holding, directly contrary to the holding of every other United States Court of Appeals, that the Federal Arbitration Act does not apply to contracts of employement?

Decisions:

Resources:

Briefs:

 

COOK v. GRALIKE
No. 99-929

Subject:
U.S. Congress, Term Limits

Question:

  1. Do the people violate Article V of the Constitution when they participate in the evolution of their government by communicating their opinion to federal legislators or by commenting on the ballot to themselves about the behavior of federal legislative candidates?

     

  2. Do the people violate the Qualifications Clauses and the First Amendment when they comment on the ballot regarding their elected representative's actions and voting record or when they comment on the ballot about a non-incumbent congressional candidate's silence concerning a prospective constitutional amendment?

     

  3. Does the Speech and Debate Clause of the Constitution prohibit the people from commenting on the ballot about their federal legislator's actions and voting record in regard to a prospective constitutional amendment?

Decisions:

Resources:

Briefs:

 

Tuesday, November 7

Whitman, Administrator of EPA, et al. v. American Trucking Associations, Inc., et al.
(Browner, Administrator of EPA v. American Trucking Associations, Inc., et al.)
No. 99-1257

Subject:
Clean Air Act, Environmental Protection Agency, National Ambient Air Quality Standards

Question:

  1. Whether Section 109 of the Clean Air Act (CAA), 42 U.S.C. 7409, as interpreted by the Environmental Protection Agency (EPA) in setting revised National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter, effects an unconstitutional delegation of legislative power.

     

  2. Whether the court of appeals exceeded its jurisdiction by reviewing, as a final agency action that is ripe for review, EPA's preliminary preamble statements on the scope of the agency's authority to implement the revised "eight-hour" ozone NAAQS.

     

  3. Whether provisions of the Clean Air Act Amendments of 1990 specifically aimed at achieving the long-delayed attainment of the then-existing ozone NAAQS restrict EPA's general authority under other provisions of the CAA to implement a new and more protective ozone NAAQS until the prior standard is attained.

Decisions:

Resources:

Briefs:

 

AM. TRUCKING ASSNS. v. BROWNER
No. 99-1426

Subject:
Clean Air Act, Environmental Protection Agency, National Ambient Air Quality Standards

Question:

  1. Whether the court of appeals properly reaffirmed the long-standing principle that, in setting and revising National Ambient Air Quality Standards (NAAQS) under Section 109 of the Clean Air Act, the Environmental Protection Agency (EPA) may not consider the costs, technical feasibility, or other alleged effects of implementing measures to attain the NAAQS (Nos. 99-1426 and 99-1431).

     

  2. Whether the court of appeals properly resolved various claims, by postponing decision or rejecting them outright, that EPA's primary and secondary NAAQS for fine particulate matter (PM2.5) are inadequate to protect public health and welfare (No. 99-1442).

Decisions:

Resources:

Briefs:

Wednesday, November 8

UNITED STATES v. MEAD CORP.
No. 99-1434

Subject:
International Trade, U.S. Customs Service, Day Planners, Harmonized Tariff Schedules of the United States (HTSUS)

Question:

  1. Whether classification rulings issued by the Customs Service are entitled to deference in determining the proper tariff classification of imported goods.

     

  2. Whether the Customs Service reasonably interpreted the statutory phrase "diaries, notebooks and address books, bound" in Subheading 4820.10.20 of the Harmonized Tariff Schedule of the United States to include the spiral-bound and ring-bound day planners imported by respondent.

Decisions:

Resources:

Briefs:

 

EGELHOFF v. EGELHOFF
No. 99-1529

Subject:
ERISA, Preemption, Pension, Life Insurance

Question:
Whether the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., preempts a state law that purports to revoke the designation of beneficiary made pursuant to the terms of an ERISA plan.

Decisions:

Resources:

Briefs:

Monday, November 27

HUNT v. CROMARTIE
SMALLWOOD v. CROMARTIE
Nos. 99-1864, 99-1865

Subject:
Voting Districts, Race

Question:

Decisions: Resources:

Briefs:

    Amicus - Appellants:
  • American Civil Liberties Union (ACLU) [TEXT]
  • Brennan Center for Justice at New York University School of Law et al. [PDF]
  • United States [PDF] [TEXT] [RTF]

 

GLOVER v. UNITED STATES
No. 99-8576

Subject:
Sixth Amendment, Ineffective Assistance of Counsel, Sentencing

Question:
Whether petitioner was denied effective assistance of counsel because his lawyer did not argue that his money laundering offenses should be grouped with his labor racketeering offenses to calculate his sentencing range under the Sentencing Guidelines.

Decisions:

Resources:

Briefs:

    Parties:
  • Respondent United States [PDF] [TEXT] [RTF]
  • Petitioner - Reply [PDF]
Tuesday, November 28

CITY NEWS NOVELTY, INC. v. CITY OF WAUKESHA
No. 99-1680

Subject:
First Amendment, Adult Bookstore, Licensing

Question:
Is a licensing scheme which acts as a prior restraint required to contain explicit language which prevents injury to a speaker's rights from want of a prompt judicial decision?

Decisions:

Resources:

Briefs:

 

DIR. OF REVENUE OF MO v. COBANK ACB
No. 99-1792

Subject:
State Taxation, Exemption, Federally Chartered Instrumentalities

Question:
Whether the State of Missouri, consistently with 12 U.S.C. 2134, may tax the income of the National Bank for Cooperatives, a federally chartered instrumentality.

Decisions:

Resources:

Briefs:

Wednesday, November 29

TRAFFIX DEVICES, INC. v. MARKETING DISPLAYS, INC.
No. 99-1571

Subject:
Trademark, Trade Dress

Question:
Whether federal trade dress protection extends to a product configuration -- such as the one at issue in this case -- covered by an expired utility patent.

Decisions:

Resources:

Briefs:

 

LEWIS v. LEWIS & CLARK MARINE, INC.
No. 99-1331

Subject:
Admiralty, Jurisdiction, Jones Act

Question:

  1. Does the district court abuse its discretion by dissolving the injuction against state court proceedings in a single claimant limitation of liability case (46 U.S.C.A. §181, et seq. (Supp.1998)) when the claimant has fully protected the shipowner's right to limitation?

     

  2. If so, does the Saving To Suitors Clause of 28 U.S.C.A. §1333(2) (1993) mandate dissolution of the injuction to allow the claimant to proceed with his Jones Act, 46 U.S.C.A. §688 (Supp.1998) case in state court?
Decisions: Resources:

Briefs:

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