Us Supreme Court Court October 1997 Judgments
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Chicago Vs. International College of Surgeons
Court: US Supreme Court
Decided on: Oct-14-1997
Chicago v. International College of Surgeons - 522 U.S. 156 (1997) OCTOBER TERM, 1997 Syllabus CITY OF CHICAGO ET AL. v. INTERNATIONAL COLLEGE OF SURGEONS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 96-910. Argued October 14, 1997-Decided December 15,1997 Following the preliminary determination of Chicago's Historical and Architectural Landmarks Commission (Commission) that two of respondent ICS' buildings qualified for protection under the city's Landmarks Ordinance, the city enacted a Designation Ordinance creating a landmark district that included the buildings. ICS then applied to the Commission for permits to allow demolition of all but the facades of the buildings. The Commission denied ICS' permit applications. ICS then filed actions in state court under the Illinois Administrative Review Law for judicial review of the Commission's decisions, alleging, among other things, that the two ordinances and the manner in which the Commiss...
General Electric Co. Vs. Joiner
Court: US Supreme Court
Decided on: Oct-14-1997
General Electric Co. v. Joiner - 522 U.S. 136 (1997) OCTOBER TERM, 1997 Syllabus GENERAL ELECTRIC CO. ET AL. v. JOINER ET ux. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 96-188. Argued October 14, 1997-Decided December 15,1997 Mter he was diagnosed with small-cell lung cancer, respondent Joiner and his wife (hereinafter jointly respondent) sued in Georgia state court, alleging, inter alia, that his disease was "promoted" by his workplace exposure to chemical "PCB's" and derivative "furans" and "dioxins" that were manufactured by, or present in materials manufactured by, petitioners. Petitioners removed the case to federal court and moved for summary judgment. Joiner responded with the depositions of expert witnesses, who testified that PCB's, furans, and dioxins can promote cancer, and opined that Joiner's exposure to those chemicals was likely responsible for his cancer. The District Court ruled that there was a genuine issue of material fa...
Almendarez-torres Vs. United States
Court: US Supreme Court
Decided on: Oct-14-1997
Almendarez-Torres v. United States - 523 U.S. 224 (1997) OCTOBER TERM, 1997 Syllabus ALMENDAREZ-TORRES v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-6839. Argued October 14, 1997-Decided March 24,1998 Title 8 U. S. C. 1326(a) makes it a crime for a deported alien to return to the United States without special permission and authorizes a maximum prison term of two years. In 1988, Congress added subsection (b)(2), which authorizes a maximum prison term of 20 years for "any alien described" in subsection (a), if the initial "deportation was subsequent to a conviction for commission of an aggravated felony." Petitioner pleaded guilty to violating 1326, admitting that he had been deported, that he had unlawfully returned, and that the earlier deportation had taken place pursuant to three convictions for aggravated felonies. The District Court sentenced him under the applicable Sentencing Guideline range to 85 months' imprisonment, ...
Hudson Vs. United States
Court: US Supreme Court
Decided on: Oct-08-1997
Hudson v. United States - 522 U.S. 93 (1997) OCTOBER TERM, 1997 Syllabus HUDSON ET AL. v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 96-976. Argued October 8, 1997-Decided December 10,1997 The Office of the Comptroller of the Currency (OCC) imposed monetary penalties and occupational debarment on petitioners for violating 12 U. S. C. 84(a)(1) and 375b by causing two banks in which they were officials to make certain loans in a manner that unlawfully allowed petitioner Hudson to receive the loans' benefit. When the Government later criminally indicted petitioners for essentially the same conduct, they moved to dismiss under the Double Jeopardy Clause of the Fifth Amendment. The District Court ultimately dismissed the indictments, but the Court of Appeals reversed, relying on United States v. Halper, 490 U. S. 435 , 448-449. Held: The Double Jeopardy Clause is not a bar to petitioners' later criminal prosecution because the...
Salinas Vs. United States
Court: US Supreme Court
Decided on: Oct-08-1997
Salinas v. United States - 522 U.S. 52 (1997) OCTOBER TERM, 1997 Syllabus SALINAS v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-738. Argued October 8, 1997-Decided December 2,1997 This federal prosecution arose from a scheme in which a Texas county sheriff accepted money, and his deputy, petitioner Salinas, accepted two watches and a truck, in exchange for permitting women to make socalled "contact visits" to one Beltran, a federal prisoner housed in the county jail pursuant to an agreement with the Federal Government. Salinas was charged with one count of violating the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U. S. C. 1962(c), one count of conspiracy to violate RICO, 1962(d), and two counts of bribery, 666(a)(1)(B). The jury convicted him on all but the substantive RICO count, and the Fifth Circuit affirmed. Held: 1. Section 666(a)(1)(B) does not require the Government to prove the bribe in question ha...
Kalina Vs. Fletcher
Court: US Supreme Court
Decided on: Oct-07-1997
Kalina v. Fletcher - 522 U.S. 118 (1997) OCTOBER TERM, 1997 Syllabus KALINA v. FLETCHER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-792. Argued October 7, 1997-Decided December 10,1997 Following customary practice, petitioner prosecuting attorney commenced criminal proceedings by filing three documents in Washington state court: (1) an unsworn information charging respondent with burglary; (2) an unsworn motion for an arrest warrant; and (3) a "Certification for Determination of Probable Cause," in which she summarized the evidence supporting the charge and swore to the truth of the alleged facts "[u]nder penalty of perjury." Based on the certification, the trial court found probable cause, and respondent was arrested and spent a day in jail. Later, however, the charges against him were dismissed on the prosecutor's motion. Focusing on two inaccurate factual statements in petitioner's certification, respondent sued her for damages under 42 U. ...
Bates Vs. United States
Court: US Supreme Court
Decided on: Oct-07-1997
Bates v. United States - 522 U.S. 23 (1997) OCTOBER TERM, 1997 Syllabus BATES v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 96-7185. Argued October 7, 1997-Decided November 4,1997 James and Laurenda Jackson owned and operated Education America, Inc., a for-profit consulting and management firm for technical and vocational schools. In 1986, the Jacksons acquired the Acme Institute of Technology, a not-for-profit technical school, and appointed petitioner Bates, then vice president of Education America, to serve as Acme's treasurer. In 1987, James Jackson, as Acme's president, signed a program participation agreement with the Department of Education that authorized the school to receive student loan checks through the Title IV Guaranteed Student Loan (GSL) program. See 20 U. S. C. 1070 et seq. Acme's participation hinged upon both its continued accreditation by an approved accrediting association and Jackson's promise to comply ...
State Oil Co. Vs. Khan
Court: US Supreme Court
Decided on: Oct-07-1997
State Oil Co. v. Khan - 522 U.S. 3 (1997) OCTOBER TERM, 1997 Syllabus STATE OIL CO. v. KHAN ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No.96-871. Argued October 7, 1997-Decided November 4,1997 Respondents' agreement to lease and operate a gas station obligated them to buy gasoline from petitioner State Oil Company at a price equal to a suggested retail price set by State Oil, less a specified profit margin; required them to rebate any excess to State Oil if they charged customers more than the suggested price; and provided that any decrease due to sales below the suggested price would reduce their margin. Mter they fell behind in their lease payments and State Oil commenced eviction proceedings, respondents brought this suit in federal court, alleging in part that, by preventing them from raising or lowering retail gas prices, State Oil had violated 1 of the Sherman Act. The District Court entered summary judgment for State Oil on this cla...
Foster Vs. Love
Court: US Supreme Court
Decided on: Oct-06-1997
Foster v. Love - 522 U.S. 67 (1997) OCTOBER TERM, 1997 Syllabus FOSTER, GOVERNOR OF LOUISIANA, ET AL. v. LOVE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-670. Argued October 6, 1997-Decided December 2,1997 The Elections Clause of the Constitution, Art. I, 4, cl. 1, invests the States with responsibility for the mechanics of congressional elections, see Storer v. Brown, 415 U. S. 724 , 730, but grants Congress "the power to override state regulations" by establishing uniform rules for federal elections, U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779 , 832-833. One such congressional rule sets the date of the biennial election for the offices of United States Senator, 2 U. S. C. 1, and Representative, 7, and mandates holding all congressional and Presidential elections on a single November day, 2 U. S. C. 1,7; 3 U. S. C. 1. Since 1978, Louisiana has held in October of a federal election year an "open primary" for cong...
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