Us Supreme Court Court June 2001 Judgments
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Lorillard Tobacco Co. Vs. Reilly
Court: US Supreme Court
Decided on: Jun-28-2001
Lorillard Tobacco Co. v. Reilly - 533 U.S. 525 (2001) OCTOBER TERM, 2000 Syllabus LORILLARD TOBACCO CO. ET AL. v. REILLY, ATTORNEY GENERAL OF MASSACHUSETTS, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 00-596. Argued April 25, 200l-Decided June 28, 2001* Mter the Attorney General of Massachusetts (Attorney General) promulgated comprehensive regulations governing the advertising and sale of cigarettes, smokeless tobacco, and cigars, petitioners, a group of tobacco manufacturers and retailers, filed this suit asserting, among other things, the Supremacy Clause claim that the cigarette advertising regulations are pre-empted by the Federal Cigarette Labeling and Advertising Act (FCLAA), which prescribes mandatory health warnings for cigarette packaging and advertising, 15 U. S. C. 1333, and pre-empts similar state regulations, 1334(b); and a claim that the regulations violate the First and Fourteenth Amendments to the Federal Constitution. In...
Tyler Vs. Cain
Court: US Supreme Court
Decided on: Jun-28-2001
Tyler v. Cain - 533 U.S. 656 (2001) OCTOBER TERM, 2000 Syllabus TYLER v. CAIN, WARDEN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-5961. Argued April 16, 200l-Decided June 28, 2001 Mter petitioner Tyler was convicted of second-degree murder and his conviction was affirmed on appeal, he filed five Louisiana state-court petitions for postconviction relief and a federal habeas petition, all of which were denied. After this Court decided Cage v. Louisiana, 498 U. S. 39 -under which a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyond a reasonable doubt-Tyler filed a sixth state petition, claiming that a jury instruction in his trial was substantively identical to the one condemned in Cage. The State District Court denied relief, and the State Supreme Court affirmed. Seeking to pursue his Cage claim in federal court, Tyler moved the Fifth Circuit for ...
Palazzolo Vs. Rhode Island
Court: US Supreme Court
Decided on: Jun-28-2001
Palazzolo v. Rhode Island - 533 U.S. 606 (2001) OCTOBER TERM, 2000 Syllabus PALAZZOLO v. RHODE ISLAND ET AL. CERTIORARI TO THE SUPREME COURT OF RHODE ISLAND No. 99-2047. Argued February 26, 200l-Decided June 28, 2001 In order to acquire the waterfront parcel of Rhode Island land that is here at issue, petitioner and associates formed Shore Gardens, Inc. (SGI), in 1959. Mter SGI purchased the property petitioner bought out his associates and became the sole shareholder. Most of the property was then, and is now, salt marsh subject to tidal flooding. The wet ground and permeable soil would require considerable fill before significant structures could be built. Over the years, SGI's intermittent applications to develop the property were rejected by various government agencies. Mter 1966, no further applications were made for over a decade. Two intervening events, however, become important to the issues presented. First, in 1971, the State created respondent Rhode Island Coastal Re...
Zadvydas Vs. Davis
Court: US Supreme Court
Decided on: Jun-28-2001
Zadvydas v. Davis - 533 U.S. 678 (2001) OCTOBER TERM, 2000 Syllabus ZADVYDAS v. DAVIS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No.99-7791. Argued February 21, 200l-Decided June 28, 2001* Mter a final removal order is entered, an alien ordered removed is held in custody during a 90-day removal period. If the alien is not removed in those 90 days, the post-removal-period detention statute authorizes further detention or supervised release, subject to administrative review. Kestutis Zadvydas, petitioner in No. 99-7791-a resident alien born, apparently of Lithuanian parents, in a German displaced persons camp-was ordered deported based on his criminal record. Germany and Lithuania refused to accept him because he was not a citizen of their countries; efforts to send him to his wife's native country also failed. When he remained in custody after the removal period expired, he filed a habeas action under 28 U. S. C. 2241. The District Court gran...
Calcano-martinez Vs. Ins
Court: US Supreme Court
Decided on: Jun-25-2001
Calcano-Martinez v. INS - 533 U.S. 348 (2001) OCTOBER TERM, 2000 Syllabus CALCANO-MARTINEZ ET AL. v. IMMIGRATION AND NATURALIZATION SERVICE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 00-1011. Argued April 24, 200l-Decided June 25, 2001 Petitioners are lawful permanent United States residents subject to administratively final removal orders because they were convicted of aggravated felonies. Each filed a petition for review in the Second Circuit pursuant to 8 U. S. C. § 1252(a)(1) and a habeas corpus petition in the District Court pursuant to 28 U. S. C. § 2241 in order to challenge the Board of Immigration Appeals' determination that, as a matter of law, they were ineligible to apply for a discretionary waiver of deportation under former § 212(c) of the Immigration and Nationality Act. The Second Circuit dismissed their petitions for lack of jurisdiction, holding that they could nevertheless pursue their claims in a § 2241 a...
Federal Election Comm'n Vs. Colorado Republican Federal Campaign Comm.
Court: US Supreme Court
Decided on: Jun-25-2001
Federal Election Comm'n v. Colorado Republican Federal Campaign Comm. - 533 U.S. 431 (2001) OCTOBER TERM, 2000 Syllabus FEDERAL ELECTION COMMISSION v. COLORADO REPUBLICAN FEDERAL CAMPAIGN COMMITTEE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No.00-191. Argued February 28, 200l-Decided June 25, 2001 In Buckley v. Valeo, 424 U. S. 1 , 12-59, this Court held that the limitations on political campaign contributions in the Federal Election Campaign Act of 1971 were generally constitutional, but that the Act's limitations on election expenditures infringed political expression in violation of the First Amendment. Later cases have respected this line between contributing and spending. The distinction's simplicity is qualified, however, by the Act's provision for a functional, not formal, definition of "contribution," which includes "expenditures made by any person in cooperation, consultation, or concert, with ... a candidate," 2 U. S. C. 441a(a)(7)(B...
ins Vs. St. Cyr
Court: US Supreme Court
Decided on: Jun-25-2001
INS v. St. Cyr - 533 U.S. 289 (2001) OCTOBER TERM, 2000 Syllabus IMMIGRATION AND NATURALIZATION SERVICE v. ST. CYR CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 00-767. Argued April 24, 200l-Decided June 25, 2001 Before the effective dates of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 212(c) of the Immigration and Nationality Act of 1952 was interpreted to give the Attorney General broad discretion to waive deportation of resident aliens. As relevant here, the large class of aliens depending on 212(c) relief was reduced in 1996 by 401 of AEDPA, which identified a broad set of offenses for which convictions would preclude such relief; and by IIRIRA, which repealed 212(c) and replaced it with a new section excluding from the class anyone "convicted of an aggravated felony," 8 U. S. C. 1229b(a)(3). Respondent St. Cyr, a lawful permanent Un...
United States Vs. United Foods, Inc.
Court: US Supreme Court
Decided on: Jun-25-2001
United States v. United Foods, Inc. - 533 U.S. 405 (2001) OCTOBER TERM, 2000 Syllabus UNITED STATES ET AL. v. UNITED FOODS, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 00-276. Argued April 17, 200l-Decided June 25, 2001 The Mushroom Promotion, Research, and Consumer Information Act mandates that fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales. Respondent refused to pay the assessment, claiming that it violates the First Amendment. It filed a petition challenging the assessment with the Secretary of Agriculture, and the United States filed an enforcement action in the District Court. Mter the administrative appeal was denied, respondent sought review in the District Court, which consolidated the two cases. In granting the Government summary judgment, the court found dispositive the decision in Glickman v. Wileman Brothers & Elliott, Inc., 521 U. S. 457 , that the First Amendment wa...
Nevada Vs. Hicks
Court: US Supreme Court
Decided on: Jun-25-2001
Nevada v. Hicks - 533 U.S. 353 (2001) OCTOBER TERM, 2000 Syllabus NEVADA ET AL. v. HICKS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 99-1994. Argued March 21, 200l-Decided June 25, 2001 Respondent Hicks is a member of the Fallon Paiute-Shoshone Tribes of western Nevada and lives on the Tribes' reservation. Mter petitioner state game wardens executed state-court and tribal-court search warrants to search Hicks's home for evidence of an off-reservation crime, he filed suit in the Tribal Court against, inter alios, the wardens in their individual capacities and petitioner Nevada, alleging trespass, abuse of process, and violation of constitutional rights remediable under 42 U. S. C. 1983. The Tribal Court held that it had jurisdiction over the tribal tort and federal civil rights claims, and the Tribal Appeals Court affirmed. Petitioners then sought, in Federal District Court, a declaratory judgment that the Tribal Court lacked jurisdictio...
New York Times Co. Vs. Tasini
Court: US Supreme Court
Decided on: Jun-25-2001
New York Times Co. v. Tasini - 533 U.S. 483 (2001) OCTOBER TERM, 2000 Syllabus NEW YORK TIMES CO., INC., ET AL. v. TASINI ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No.00-201. Argued March 28, 200l-Decided June 25, 2001 Respondent freelance authors (Authors) wrote articles (Articles) for newspapers and a magazine published by petitioners New York Times Company (Times), Newsday, Inc. (Newsday), and Time, Inc. (Time). The Times, Newsday, and Time (Print Publishers) engaged the Authors as independent contractors under contracts that in no instance secured an Author's consent to placement of an Article in an electronic database. The Print Publishers each licensed rights to copy and sell articles to petitioner LEXIS/NEXIS, owner and operator of NEXIS. NEXIS is a computerized database containing articles in text-only format from hundreds of periodicals spanning many years. Subscribers access NEXIS through a computer, may search for articles using ...
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