Us Supreme Court Court March 1998 Judgments
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National Endowment for Arts Vs. Finley
Court: US Supreme Court
Decided on: Mar-31-1998
National Endowment for Arts v. Finley - 524 U.S. 569 (1998) OCTOBER TERM, 1997 Syllabus NATIONAL ENDOWMENT FOR THE ARTS ET AL. v. FINLEY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.97-371. Argued March 31, 1998-Decided June 25,1998 The National Foundation on the Arts and the Humanities Act of 1965 vests the National Endowment for the Arts (NEA) with substantial discretion to award financial grants to support the arts; it identifies only the broadest funding priorities, including "artistic and cultural significance, giving emphasis to ... creativity and cultural diversity," "professional excellence," and the encouragement of "public ... education ... and appreciation of the arts." See 20 U. S. C. 954(c)(1)-(10). Applications for NEA funding are initially reviewed by advisory panels of experts in the relevant artistic field. The panels report to the National Council on the Arts (Council), which, in turn, advises the NEA Chairperson. In 1989,...
United States Vs. Scheffer
Court: US Supreme Court
Decided on: Mar-31-1998
United States v. Scheffer - 523 U.S. 303 (1998) OCTOBER TERM, 1997 Syllabus UNITED STATES v. SCHEFFER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES No. 96-1133. Argued November 3, 1997-Decided March 31, 1998 A polygraph examination of respondent airman indicated, in the opinion of the Air Force examiner administering the test, that there was "no deception" in respondent's denial that he had used drugs since enlisting. Urinalysis, however, revealed the presence of methamphetamine, and respondent was tried by general court-martial for using that drug and for other offenses. In denying his motion to introduce the polygraph evidence to support his testimony that he did not knowingly use drugs, the military judge relied on Military Rule of Evidence 707, which makes polygraph evidence inadmissible in court-martial proceedings. Respondent was convicted on all counts, and the Air Force Court of Criminal Appeals affirmed. The Court of Appeals for the Armed Force...
Texas Vs. United States
Court: US Supreme Court
Decided on: Mar-31-1998
Texas v. United States - 523 U.S. 296 (1998) OCTOBER TERM, 1997 Syllabus TEXAS v. UNITED STATES APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 97-29. Argued January 14, 1998-Decided March 31, 1998 In 1995, the Texas Legislature enacted a comprehensive scheme (Chapter 39) that holds local school boards accountable to the State for student achievement in the public schools. When a school district falls short of Chapter 39's accreditation criteria, the State Commissioner of Education may select from 10 possible sanctions, including appointment of a master to oversee the district's operations, Tex. Educ. Code Ann. 39.131(a)(7), or appointment of a management team to direct operations in areas of unacceptable performance or to require contracting out of services, 39.131(a)(8). Texas, a covered jurisdiction under 5 of the Voting Rights Act of 1965, submitted Chapter 39 to the United States Attorney General for a determination whether any of the sanc...
Bragdon Vs. Abbott
Court: US Supreme Court
Decided on: Mar-30-1998
Bragdon v. Abbott - 524 U.S. 624 (1998) OCTOBER TERM, 1997 Syllabus BRAGDON v. ABBOTT ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 97-156. Argued March 30, 1998-Decided June 25,1998 Respondent Abbott is infected with the human immunodeficiency virus (HIV), but had not manifested its most serious symptoms when the incidents in question occurred. At that time, she went to petitioner's office for a dental examination and disclosed her HIV infection. Petitioner discovered a cavity and informed respondent of his policy against filling cavities of HIV-infected patients in his office. He offered to perform the work at a hospital at no extra charge, though respondent would have to pay for use of the hospital's facilities. She declined and filed suit under, inter alia, the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against any individual "on the basis of disability in the ... enjoyment of the ... services ... of ...
Pennsylvania Bd. of Probation and Parole Vs. Scott
Court: US Supreme Court
Decided on: Mar-30-1998
Pennsylvania Bd. of Probation and Parole v. Scott - 524 U.S. 357 (1998) OCTOBER TERM, 1997 Syllabus PENNSYLVANIA BOARD OF PROBATION AND PAROLE v. SCOTT CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA No.97-581. Argued March 30, 1998-Decided June 22,1998 A condition of respondent's Pennsylvania parole was that he refrain from owning or possessing weapons. Based on evidence that he had violated this and other such conditions, parole officers entered his home and found firearms, a bow, and arrows. At his parole violation hearing, respondent objected to the introduction of this evidence on the ground that the search was unreasonable under the Fourth Amendment. The hearing examiner rejected the challenge and admitted the evidence. As a result, petitioner parole board found sufficient evidence to support the charges and recommitted respondent. The Commonwealth Court of Pennsylvania reversed, and the Pennsylvania Supreme Court affirmed the reversal, holding, inter alia, that althou...
Faragher Vs. Boca Raton
Court: US Supreme Court
Decided on: Mar-25-1998
Faragher v. Boca Raton - 524 U.S. 775 (1998) OCTOBER TERM, 1997 Syllabus FARAGHER v. CITY OF BOCA RATON CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 97-282. Argued March 25, 1998-Decided June 26,1998 Mter resigning as a lifeguard with respondent City of Boca Raton (City), petitioner Beth Ann Faragher brought an action against the City and her immediate supervisors, Bill Terry and David Silverman, for nominal damages and other relief, alleging, among other things, that the supervisors had created a "sexually hostile atmosphere" at work by repeatedly subjecting Faragher and other female lifeguards to "uninvited and offensive touching," by making lewd remarks, and by speaking of women in offensive terms, and that this conduct constituted discrimination in the "terms, conditions, and privileges" of her employment in violation of Title VII of the Civil Rights Act of 1964, 42 U. S. C. 2000e-2(a)(1). Following a bench trial, the District Court conclu...
Gebser Vs. Lago Vista Independent School Dist.
Court: US Supreme Court
Decided on: Mar-25-1998
Gebser v. Lago Vista Independent School Dist. - 524 U.S. 274 (1998) OCTOBER TERM, 1997 Syllabus GEBSER ET AL. V. LAGO VISTA INDEPENDENT SCHOOL DISTRICT CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-1866. Argued March 25, 1998-Decided June 22,1998 Petitioner Gebser, a high school student in respondent Lago Vista Independent School District, had a sexual relationship with one of her teachers. She did not report the relationship to school officials. Mter the couple was discovered having sex and the teacher was arrested, Lago Vista terminated his employment. During this time, the district had not distributed an official grievance procedure for lodging sexual harassment complaints or a formal antiharassment policy, as required by federal regulations. Gebser and her mother, also a petitioner here, filed suit raising, among other things, a claim for damages against Lago Vista under Title IX of the Education Amendments of 1972, which provides in pertinent...
Calderon Vs. Ashmus
Court: US Supreme Court
Decided on: Mar-24-1998
Calderon v. Ashmus - 523 U.S. 740 (1998) OCTOBER TERM, 1997 Syllabus CALDERON, WARDEN, ET AL. v. ASHMUS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.97-391. Argued March 24, 1998-Decided May 26,1998 Chapter 154 of 28 U. S. C., part of the Antiterrorism and Effective Death Penalty Act of 1996, provides, inter alia, an expedited review processincluding a 180-day filing period, 28 U. S. C. 2263(a) (1994 ed., Supp. II)-for federal habeas proceedings in capital cases in States that meet certain conditions. Proceedings against other States are governed by Chapter 153, which has a I-year filing period, 2244(d)(1), and lacks expedited procedures. Mter California officials, including petitioner state attorney general, indicated that they would invoke Chapter 154's protections, respondent, a state capital prisoner, sought declaratory and injunctive relief to resolve whether the chapter applied t...
United States Vs. Bestfoods
Court: US Supreme Court
Decided on: Mar-24-1998
United States v. Bestfoods - 524 U.S. 51 (1998) OCTOBER TERM, 1997 Syllabus UNITED STATES v. BESTFOODS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 97-454. Argued March 24, 1998-Decided June 8,1998 The United States brought this action under 107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) against, among others, respondent CPC International Inc., the parent corporation of the defunct Ott Chemical Co. (Ott II), for the costs of cleaning up industrial waste generated by Ott II's chemical plant. Section 107(a)(2) authorizes suits against, among others, "any person who at the time of disposal of any hazardous substance owned or operated any facility." The trial focused on whether CPC, as a parent corporation, had "owned or operated" Ott II's plant within the meaning of 107(a)(2). The District Court said that operator liability may attach to a parent corporation both indirectly, when the c...
Muscarello Vs. United States
Court: US Supreme Court
Decided on: Mar-23-1998
Muscarello v. United States - 524 U.S. 125 (1998) OCTOBER TERM, 1997 Syllabus MUSCARELLO v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-1654. Argued March 23, 1998-Decided June 8,1998* A person who "uses or carries a firearm" "during and in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 U. S. C. 924(c)(I). In the first case, police officers found a handgun locked in the glove compartment of petitioner Muscarello's truck, which he was using to transport marijuana for sale. In the second case, federal agents at a drug-sale point found drugs and guns in the trunk of petitioners' car. In both cases, the Courts of Appeals found that petitioners had carried firearms in violation of 924(c)(I). Held: The phrase "carries a firearm" applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompa...
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