Us Supreme Court Court May 2001 Judgments
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Atkinson Trading Co. Vs. Shirley
Court: US Supreme Court
Decided on: May-29-2001
Atkinson Trading Co. v. Shirley - 532 U.S. 645 (2001) OCTOBER TERM, 2000 Syllabus ATKINSON TRADING CO., INC. v. SHIRLEY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 00-454. Argued March 27, 200l-Decided May 29, 2001 In Montana v. United States, 450 U. S. 544 , this Court held that, with two limited exceptions, Indian tribes lack civil authority over the conduct of nonmembers on non-Indian land within a reservation. Petitioner's trading post on such land within the Navajo Nation Reservation is subject to a hotel occupancy tax that the Tribe imposes on any hotel room located within the reservation's boundaries. The Federal District Court upheld the tax, and the Tenth Circuit affirmed. Relying in part on Merrion v. Jicarilla Apache Tribe, 455 U. S. 130 , the latter court complemented Montana's framework with a case-by-case approach that balanced the land's non-Indian fee status with the Tribe's sovereign powers, its interests, and ...
Becker Vs. Montgomery
Court: US Supreme Court
Decided on: May-29-2001
Becker v. Montgomery - 532 U.S. 757 (2001) OCTOBER TERM, 2000 Syllabus BECKER v. MONTGOMERY, ATTORNEY GENERAL OF OHIO, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 00-6374. Argued April 16, 200l-Decided May 29, 2001 Petitioner Becker, an Ohio prisoner, instituted a pro se civil rights action contesting conditions of his confinement under 42 U. S. C. 1983. The Federal District Court dismissed his complaint for failure to exhaust prison administrative remedies and failure to state a claim for relief. Within the 30 days allowed for appeal from a district court's judgment, see 28 U. S. C. 2107(a); Fed. Rule App. Proc. 4(a)(1), Becker, still pro se, filed a notice of appeal using a Government-printed form on which he filled in all of the requested information. On the line tagged "(Counsel for Appellant)," Becker typed, but did not hand sign, his own name. The form contained no indication of a signature requirement. The District Court docke...
Buckhannon Board and Care Home, Inc. Vs. West Virginia Dept. of Health ...
Court: US Supreme Court
Decided on: May-29-2001
Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources - 532 U.S. 598 (2001) OCTOBER TERM, 2000 Syllabus BUCKHANNON BOARD & CARE HOME, INC., ET AL. v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1848. Argued February 27, 200l-Decided May 29, 2001 Buckhannon Board and Care Home, Inc., which operates assisted living residences, failed an inspection by the West Virginia fire marshal's office because some residents were incapable of "self-preservation" as defined by state law. After receiving orders to close its facilities, Buckhannon and others (hereinafter petitioners) brought suit in Federal District Court against the State and state agencies and officials (hereinafter respondents), seeking declaratory and injunctive relief that the "selfpreservation" requirement violated the Fair Housing Amendments Act of 1988 (FHAA) and the Americans with Disabilit...
New Hampshire Vs. Maine
Court: US Supreme Court
Decided on: May-29-2001
New Hampshire v. Maine - 532 U.S. 742 (2001) OCTOBER TERM, 2000 Syllabus NEW HAMPSHIRE v. MAINE ON MOTION TO DISMISS COMPLAINT No. 130, Orig. Argued April 16, 200l-Decided May 29, 2001 New Hampshire and Maine share a border that runs from northwest to southeast. At the border's southeastern end, New Hampshire's easternmost point meets Maine's southernmost point. The boundary in this region follows the Piscataqua River eastward into Portsmouth Harbor and, from there, extends in a southeasterly direction into the sea. In 1977, in a dispute between the two States over lobster fishing rights, this Court entered a consent judgment setting the precise location of the States' "lateral marine boundary," i. e., the boundary in the marine waters off the coast, from the closing line of Portsmouth Harbor five miles seaward. New Hampshire v. Maine, 426 U. S. 363 ; New Hampshire v. Maine, 434 U. S. 1 , 2. The Piscataqua River boundary was fixed by a 1740 decree of King George II...
Nlrb Vs. Kentucky River Community Care, Inc.
Court: US Supreme Court
Decided on: May-29-2001
NLRB v. Kentucky River Community Care, Inc. - 532 U.S. 706 (2001) OCTOBER TERM, 2000 Syllabus NATIONAL LABOR RELATIONS BOARD v. KENTUCKY RIVER COMMUNITY CARE, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 99-1815. Argued February 21, 200l-Decided May 29, 2001 When co-respondent labor union petitioned the National Labor Relations Board to represent a unit of employees at respondent's residential care facility, respondent objected to the inclusion of its registered nurses in the unit, arguing that they were "supervisors" under 2(11) of the National Labor Relations Act (Act), 29 U. S. C. 152(11), and hence excluded from the Act's protections. At the representation hearing, the Board's Regional Director placed the burden of proving supervisory status on respondent, found that respondent had not carried its burden, and included the nurses in the unit. Thereafter, respondent refused to bargain with the union, leading the Board's General Co...
Pga Tour, Inc. Vs. Martin
Court: US Supreme Court
Decided on: May-29-2001
PGA TOUR, Inc. v. Martin - 532 U.S. 661 (2001) OCTOBER TERM, 2000 Syllabus PGA TOUR, INC. v. MARTIN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 00-24. Argued January 17, 200l-Decided May 29, 2001 Petitioner sponsors professional golf tournaments conducted on three annual tours. A player may gain entry into the tours in various ways, most commonly through successfully competing in a three-stage qualifying tournament known as the "Q-School." Any member of the public may enter the Q-School by submitting two letters of recommendation and paying a $3,000 entry fee to cover greens fees and the cost of golf carts, which are permitted during the first two stages, but have been prohibited during the third stage since 1997. The rules governing competition in tour events include the "Rules of Golf," which apply at all levels of amateur and professional golf and do not prohibit the use of golf carts, and the "hard card," which applies specifically to petitio...
Booth Vs. Churner
Court: US Supreme Court
Decided on: May-29-2001
Booth v. Churner - 532 U.S. 731 (2001) OCTOBER TERM, 2000 Syllabus BOOTH v. CHURNER ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 99-1964. Argued March 20, 200l-Decided May 29, 2001 The Prison Litigation Reform Act of 1995 amended 42 U. S. C. 1997e(a), which now requires a prisoner to exhaust "such administrative remedies as are available" before suing over prison conditions. Petitioner Booth was a Pennsylvania state prison inmate when he began this 42 U. S. C. 1983 action in Federal District Court, claiming that respondent corrections officers violated his Eighth Amendment right to be free from cruel and unusual punishment by assaulting him, using excessive force against him, and denying him medical attention to treat ensuing injuries. He sought various forms of injunctive relief and money damages. At the time, Pennsylvania provided an administrative grievance and appeals system, which addressed Booth's complaints but had no provision for...
Wharf (Holdings) Ltd. Vs. United Int'l Holdings, Inc.
Court: US Supreme Court
Decided on: May-21-2001
Wharf (Holdings) Ltd. v. United Int'l Holdings, Inc. - 532 U.S. 588 (2001) OCTOBER TERM, 2000 Syllabus THE WHARF (HOLDINGS) LTD. ET AL. v. UNITED INTERNATIONAL HOLDINGS, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 00-347. Argued March 21, 200l-Decided May 21, 2001 Petitioner The Wharf (Holdings) Limited orally granted respondent United International Holdings, Inc., an option to buy 10% of the stock in Wharf's Hong Kong cable system if United rendered certain services, but internal Wharf documents suggested that Wharf never intended to carry out its promise. United fulfilled its obligation, but Wharf refused to permit it to exercise the option. United sued in Federal District Court, claiming that Wharf's conduct violated, inter alia, 10(b) of the Securities Exchange Act of 1934, which prohibits using "any manipulative or deceptive device or contrivance" "in connection with the purchase or sale of any security." 15 U. S. C. 78j(b)....
United States Vs. Hatter
Court: US Supreme Court
Decided on: May-21-2001
United States v. Hatter - 532 U.S. 557 (2001) OCTOBER TERM, 2000 Syllabus UNITED STATES v. HATTER, JUDGE, UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 99-1978. Argued February 20, 200l-Decided May 21, 2001 In 1982, Congress extended Medicare to federal employees. That new law meant, inter alia, that then-sitting federal judges, like all other federal employees and most other citizens, began to have Medicare taxes withheld from their salaries. In 1983, Congress required all newly hired federal employees to participate in Social Security and permitted, without requiring, about 96% of the then-currently employed federal employees to participate in that program. The remaining 4%-a class consisting of the President, other high-level Government employees, and all federal judges-were required to participate, except that those who contributed to a "covered" retirement program ...
Bartnicki Vs. Vopper
Court: US Supreme Court
Decided on: May-21-2001
Bartnicki v. Vopper - 532 U.S. 514 (2001) OCTOBER TERM, 2000 Syllabus BARTNICKI ET AL. v. VOPPER, AKA WILLIAMS, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 99-1687. Argued December 5, 2000-Decided May 21, 2001* During contentious collective-bargaining negotiations between a union representing teachers at a Pennsylvania high school and the local school board, an unidentified person intercepted and recorded a cell phone conversation between the chief union negotiator and the union president (hereinafter petitioners). After the parties accepted a nonbinding arbitration proposal generally favorable to the teachers, respondent Vopper, a radio commentator, played a tape of the intercepted conversation on his public affairs talk show in connection with news reports about the settlement. Petitioners filed this damages suit under both federal and state wiretapping laws, alleging, among other things, that their conversation had been surreptitiously ...
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