Court : US Supreme Court
NASA v. Nelson - 09-530 (2011) SYLLABUS OCTOBER TERM, 2010 NASA V. NELSON SUPREME COURT OF THE UNITED STATES NATIONAL AERONAUTICS AND SPACE ADMINISTRATION etal. v . NELSON etal. certiorari to the united states court of appeals for the ninth circuit No. 09530.Argued October 5, 2010Decided January 19, 2011 The National Aeronautics and Space Administration (NASA) has a workforce of both federal civil servants and Government contract employees. Respondents are contract employees at NASAs Jet Propulsion Laboratory (JPL), which is operated by the California Institute of Technology (Cal Tech). Respondents were not subject to Government background checks at the time they were hired, but that changed when the President ordered the adoption of uniform identification standards for both federal civil servants and contractor employees. The Department of Commerce mandated that contract employees with long-term access to federal facilities complete a standard background check, typically th...
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Citizens United v. Federal Election Comm'n - 08-205 (2010) SYLLABUS OCTOBER TERM, 2009 CITIZENS UNITED V. FEDERAL ELECTION COMM'N SUPREME COURT OF THE UNITED STATES CITIZENS UNITED v . FEDERAL ELECTIONCOMMISSION appeal from the united states district court for the district of columbia No. 08205.Argued March 24, 2009Reargued September 9, 2009Decided January 21, 2010 As amended by 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), federal law prohibits corporations and unions from using their general treasury funds to make independent expenditures for speech that is an electioneering communication or for speech that expressly advocates the election or defeat of a candidate. 2 U. S.C. 441b. An electioneering communication is any broadcast, cable, or satellite communication that refers to a clearly identified candidate for Federal office and is made within 30 days of a primary election, 434(f)(3)(A), and that is publicly distributed, 11 CFR 100.29(a)(2), which in the case...
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Horne v. Flores - 08-289 (2009) SYLLABUS OCTOBER TERM, 2008 HORNE V. FLORES SUPREME COURT OF THE UNITED STATES HORNE, SUPERINTENDENT, ARIZONA PUBLICINSTRUCTION v . FLORES etal. certiorari to the united states court of appeals for the ninth circuit No. 08289.Argued April 20, 2009Decided June 25, 2009 A group of English Language-Learner (ELL) students and their parents (plaintiffs) filed a class action, alleging that Arizona, its State Board of Education, and the Superintendent of Public Instruction (defendants) were providing inadequate ELL instruction in the Nogales Unified School District (Nogales), in violation of the Equal Educational Opportunities Act of 1974 (EEOA), which requires States to take appropriate action to overcome language barriers in schools, 20 U. S.C. 1703(f). In 2000, the Federal District Court entered a declaratory judgment, finding an EEOA violation in Nogales because the amount of funding the State allocated for the special needs of ELL students (ELL ...
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Wyeth v. Levine - 06-1249 (2009) SYLLABUS OCTOBER TERM, 2008 WYETH V. LEVINE SUPREME COURT OF THE UNITED STATES WYETH v . LEVINE certiorari to the supreme court of vermont No. 061249.Argued November 3, 2008Decided March 4, 2009 Petitioner Wyeth manufactures the antinausea drug Phenergan. After a clinician injected respondent Levine with Phenergan by the IV-push method, whereby a drug is injected directly into a patients vein, the drug entered Levines artery, she developed gangrene, and doctors amputated her forearm. Levine brought a state-law damages action, alleging, inter alia, that Wyeth had failed to provide an adequate warning about the significant risks of administering Phenergan by the IV-push method. The Vermont jury determined that Levines injury would not have occurred if Phenergans label included an adequate warning, and it awarded damages for her pain and suffering, substantial medical expenses, and loss of her livelihood as a professional musician. Declining t...
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Ysursa v. Pocatello Ed. Assn. - 07-869 (2009) SYLLABUS OCTOBER TERM, 2008 YSURSA V. POCATELLO ED. ASSN. SUPREME COURT OF THE UNITED STATES YSURSA, SECRETARY OF STATE OF IDAHO, etal. v . POCATELLO EDUCATION ASSOCIATION etal. certiorari to the united states court of appeals for the ninth circuit No. 07869.Argued November 3, 2008Decided February 24, 2009 Idahos Right to Work Act permits public employees to authorize payroll deductions for general union dues, but prohibits such deductions for union political activities. Respondentsa group of Idaho public employee unionssued, alleging that the ban on payroll deductions for political activities violated the First and Fourteenth Amendments. The District Court upheld the ban at the state level, but struck it down as it applies to local governments. In affirming, the Ninth Circuit stated that, while Idaho has the ultimate control over local governmental units, it did not actually operate or control their payroll deduction systems. Th...
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..... under state law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this chapter. pp. 5 9. (b) respondents claim is not expressly pre-empted by 1334(b). as determined in cipollone v. liggett ..... id. , at 553 (scalia, j., concurring in judgment in part and dissenting in part) (noting that the duty to warn about a product s dangers was not specifically crafted with an eye toward smoking and health ). accordingly, reilly is better understood as establishing that even a general duty ..... regulation of deceptive advertising practices. the ftc has long depended on cooperative state regulation to achieve its mission because, although one of the smallest administrative agencies, it is charged with policing an enormous amount of activity. see 1 s. kanwit, federal trade commission 1:1, 1:2 (2004 ed. and supp. 2008). moreover, when the labeling act ..... nicotine yields as measured by the cambridge filter method, the ftc continued to police cigarette companies misleading use of test results. in 1983, the ftc responded to findings that tar and nicotine yields for barclay cigarettes obtained through cambridge filter method testing were ..... to section 45(a)(1) of the federal trade commission act (15 united states code 45(a)(1)), as from time to time amended. 207(1). footnote 2 the cambridge filter method weighs and measures the tar and nicotine collected by a smoking machine that takes 35 milliliter puffs of two seconds duration .....
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Kennedy v. Louisiana - 07-343 (2008) SYLLABUS OCTOBER TERM, 2007 KENNEDY V. LOUISIANA SUPREME COURT OF THE UNITED STATES KENNEDY v . LOUISIANA certiorari to the supreme court of louisiana No. 07343.Argued April 16, 2008Decided June 25, 2008 Louisiana charged petitioner with the aggravated rape of his then-8-year-old stepdaughter. He was convicted and sentenced to death under a state statute authorizing capital punishment for the rape of a child under 12. The State Supreme Court affirmed, rejecting petitioners reliance on Coker v. Georgia , 433 U. S. 584 , which barred the use of the death penalty as punishment for the rape of an adult woman but left open the question which, if any, other nonhomicide crimes can be punished by death consistent with the Eighth Amendment. Reasoning that children are a class in need of special protection, the state court held child rape to be unique in terms of the harm it inflicts upon the victim and society and concluded that, short of fi...
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Boumediene v. Bush - 06-1195 (2008) SYLLABUS OCTOBER TERM, 2007 BOUMEDIENE V. BUSH SUPREME COURT OF THE UNITED STATES BOUMEDIENE etal. v . BUSH, PRESIDENT OF THE UNITED STATES, etal. certiorari to the united states court of appeals for the district of columbia circuit No. 061195.Argued December 5, 2007Decided June 12, 2008* In the Authorization for Use of Military Force (AUMF), Congress empowered the President to use all necessary and appropriate force against those he determines planned, authorized, committed, or aided the terrorist attacks on September 11, 2001. In Hamdi v. Rumsfeld , 542 U. S. 507 , 518, 588589, five Justices recognized that detaining individuals captured while fighting against the United States in Afghanistan for the duration of that conflict was a fundamental and accepted incident to war. Thereafter, the Defense Department established Combatant Status Review Tribunals (CSRTs) to determine whether individuals detained at the U. S. Naval Station at ...
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Parents Involved in Community Schools v. Seattle School Dist. No. 1 - 05-908 (2007) SYLLABUS OCTOBER TERM, 2006 PARENTS INVOLVED IN COMMUNITY SCHOOLS V.SEATTLE SCHOOL DIST. NO. 1 SUPREME COURT OF THE UNITED STATES PARENTS INVOLVED IN COMMUNITY SCHOOLS v . SEATTLE SCHOOL DISTRICT NO. 1 etal. certiorari to the united states court of appeals for the ninth circuit No. 05908.Argued December 4, 2006Decided June 28, 2007 Respondent school districts voluntarily adopted student assignment plans that rely on race to determine which schools certain children may attend. The Seattle district, which has never operated legally segregated schools or been subject to court-ordered desegregation, classified children as white or nonwhite, and used the racial classifications as a tiebreaker to allocate slots in particular high schools. The Jefferson County, Ky., district was subject to a desegregation decree until 2000, when the District Court dissolved the decree after finding that the district...
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Leegin Creative Leather Products, Inc. v. PSKS, Inc. - 06-480 (2007) SYLLABUS OCTOBER TERM, 2006 LEEGIN CREATIVE LEATHER PRODUCTS, INC. V.PSKS, INC. SUPREME COURT OF THE UNITED STATES LEEGIN CREATIVE LEATHER PRODUCTS, INC. v . PSKS, INC., dba KAYS KLOSET KAYS SHOES certiorari to the united states court of appeals for the fifth circuit No. 06480.Argued March 26, 2007Decided June 28, 2007 Given its policy of refusing to sell to retailers that discount its goods below suggested prices, petitioner (Leegin) stopped selling to respondents (PSKS) store. PSKS filed suit, alleging, inter alia, that Leegin violated the antitrust laws by entering into vertical agreements with its retailers to set minimum resale prices. The District Court excluded expert testimony about Leegins pricing policys procompetitive effects on the ground that Dr. Miles Medical Co. v. John D. Park & Sons Co. , 220 U. S. 373 , makes it per se illegal under 1 of the Sherman Act for a manufacturer and it...
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