Us Supreme Court Court June 2003 Judgments
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Nike, Inc. Vs. Kasky
Court: US Supreme Court
Decided on: Jun-26-2003
Nike, Inc. v. Kasky - 539 U.S. 654 (2003) OCTOBER TERM, 2002 Syllabus NIKE, INC., ET AL. v. KASKY CERTIORARI TO THE SUPREME COURT OF CALIFORNIA No. 02-575. Argued April 23, 2003-Decided June 26, 2003 Certiorari dismissed. Reported below: 27 Cal. 4th 939, 45 P. 3d 243. Laurence H. Tribe argued the cause for petitioners. With him on the briefs were Thomas C. Goldstein, Amy Howe, Walter Dellinger, David J. Brown, and James N. Penrod. Solicitor General Olson argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General McCallum, Deputy Solicitor General Clement, Jeffrey P. Minear, and Jeffrey A. Lamken. Paul R. Hoeber argued the cause for respondent. With him on the brief were Alan M. Caplan, Roderick P. Bushnell, Patrick J. Coughlin, Randi Dawn Bandman, Albert H. Meyerhoff, and Sylvia Sum. * *Briefs of amici curiae urging reversal were filed for ABC Inc. et al. by Bruce E. H. Johnson, P. Cameron DeVore, Kelli L. S...
Stogner Vs. California
Court: US Supreme Court
Decided on: Jun-26-2003
Stogner v. California - 539 U.S. 607 (2003) OCTOBER TERM, 2002 Syllabus STOGNER v. CALIFORNIA CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT No. 01-1757. Argued March 31, 2003-Decided June 26, 2003 In 1993, California enacted a new criminal statute of limitations permitting prosecution for sex-related child abuse where the prior limitations period has expired if, inter alia, the prosecution is begun within one year of a victim's report to police. A subsequently added provision makes clear that this law revives causes of action barred by prior limitations statutes. In 1998, petitioner Stogner was indicted for sex-related child abuse committed between 1955 and 1973. At the time those crimes were allegedly committed, the limitations period was three years. Stogner moved to dismiss the complaint on the ground that the Ex Post Facto Clause forbids revival of a previously time-barred prosecution. The trial court agreed, but the California Court of Appe...
Wiggins Vs. Smith
Court: US Supreme Court
Decided on: Jun-26-2003
Wiggins v. Smith - 539 U.S. 510 (2003) OCTOBER TERM, 2002 Syllabus WIGGINS v. SMITH, WARDEN, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.02-311. Argued March 24, 2003-Decided June 26, 2003 In 1989, petitioner Wiggins was convicted of capital murder by a Maryland judge and subsequently elected to be sentenced by a jury. His public defenders, Schlaich and Nethercott, moved to bifurcate the sentencing, representing that they planned to prove that Wiggins did not kill the victim by his own hand and then, if necessary, to present a mitigation case. The court denied the motion. At sentencing, Nethercott told the jury in her opening statement that they would hear, among other things, about Wiggins' difficult life, but such evidence was never introduced. Before closing arguments and outside the presence of the jury, Schlaich made a proffer to the court to preserve the bifurcation issue for appeal, detailing the mitigation case counsel would have p...
Georgia Vs. Ashcroft
Court: US Supreme Court
Decided on: Jun-26-2003
Georgia v. Ashcroft - 539 U.S. 461 (2003) OCTOBER TERM, 2002 Syllabus GEORGIA v. ASHCROFT, ATTORNEY GENERAL, ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 02-182. Argued April 29, 2003-Decided June 26, 2003 Georgia's 1997 State Senate districting plan is the benchmark plan for this litigation. That plan drew 56 districts, 11 of them with a total black population of over 50%, and 10 of them with a black voting age population of over 50%. The 2000 census revealed that these numbers had increased so that 13 districts had a black population of at least 50%, with the black voting age population exceeding 50% in 12 of those districts. Mter the 2000 census, the Georgia General Assembly began redistricting the Senate once again. It is uncontested that a substantial majority of Georgia's black voters vote Democratic, and that all elected black representatives in the General Assembly are Democrats. The Senator who chaired the subcommittee that deve...
Lawrence Vs. Texas
Court: US Supreme Court
Decided on: Jun-26-2003
Lawrence v. Texas - 539 U.S. 558 (2003) OCTOBER TERM, 2002 Syllabus LAWRENCE ET AL. v. TEXAS CERTIORARI TO THE COURT OF APPEALS OF TEXAS, FOURTEENTH DISTRICT No. 02-102. Argued March 26, 2003-Decided June 26, 2003 Responding to a reported weapons disturbance in a private residence, Houston police entered petitioner Lawrence's apartment and saw him and another adult man, petitioner Garner, engaging in a private, consensual sexual act. Petitioners were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. In affirming, the State Court of Appeals held, inter alia, that the statute was not unconstitutional under the Due Process Clause of the Fourteenth Amendment. The court considered Bowers v. Hardwick, 478 U. S. 186 , controlling on that point. Held: The Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual con...
Grutter Vs. Bollinger
Court: US Supreme Court
Decided on: Jun-23-2003
Grutter v. Bollinger - 539 U.S. 306 (2003) OCTOBER TERM, 2002 Syllabus GRUTTER v. BOLLINGER ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No.02-241. Argued April 1, 2003-Decided June 23, 2003 The University of Michigan Law School (Law School), one of the Nation's top law schools, follows an official admissions policy that seeks to achieve student body diversity through compliance with Regents of Univ. of Gal. v. Bakke, 438 U. S. 265 . Focusing on students' academic ability coupled with a flexible assessment of their talents, experiences, and potential, the policy requires admissions officials to evaluate each applicant based on all the information available in the file, including a personal statement, letters of recommendation, an essay describing how the applicant will contribute to Law School life and diversity, and the applicant's undergraduate grade point average (GPA) and Law School Admission Test (LSAT) score. Additionally, officials ...
Gratz Vs. Bollinger
Court: US Supreme Court
Decided on: Jun-23-2003
Gratz v. Bollinger - 539 U.S. 244 (2003) OCTOBER TERM, 2002 Syllabus GRATZ ET AL. v. BOLLINGER ET AL. CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 02-516. Argued April 1, 2003-Decided June 23, 2003 Petitioners Gratz and Hamacher, both of whom are Michigan residents and Caucasian, applied for admission to the University of Michigan's (University) College of Literature, Science, and the Arts (LSA) in 1995 and 1997, respectively. Although the LSA considered Gratz to be well qualified and Hamacher to be within the qualified range, both were denied early admission and were ultimately denied admission. In order to promote consistency in the review of the many applications received, the University's Office of Undergraduate Admissions (OUA) uses written guidelines for each academic year. The guidelines have changed a number of times during the period relevant to this litigation. The OUA considers a number of factors in making admissions de...
United States Vs. American Library Assn., Inc.
Court: US Supreme Court
Decided on: Jun-23-2003
United States v. American Library Assn., Inc. - 539 U.S. 194 (2003) OCTOBER TERM, 2002 Syllabus UNITED STATES ET AL. v. AMERICAN LIBRARY ASSOCIATION, INC., ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA No. 02-361. Argued March 5, 2003-Decided June 23, 2003 Two forms of federal assistance help public libraries provide patrons with Internet access: discounted rates under the E-rate program and grants under the Library Services and Technology Act (LSTA). Upon discovering that library patrons, including minors, regularly search the Internet for pornography and expose others to pornographic images by leaving them displayed on Internet terminals or printed at library printers, Congress enacted the Children's Internet Protection Act (CIPA), which forbids public libraries to receive federal assistance for Internet access unless they install software to block obscene or pornographic images and to prevent minors from accessing material harm...
Green Tree Financial Corp. Vs. Bazzle
Court: US Supreme Court
Decided on: Jun-23-2003
Green Tree Financial Corp. v. Bazzle - 539 U.S. 444 (2003) OCTOBER TERM, 2002 Syllabus GREEN TREE FINANCIAL CORP., NKA CONSECO FINANCE CORP. v. BAZZLE ET AL., IN A REPRESENTATIVE CAPACITY ON BEHALF OF A CLASS AND FOR ALL OTHERS SIMILARLY SITUATED, ET AL. CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA No. 02-634. Argued April 22, 2003-Decided June 23, 2003 The Bazzle respondents and the Lackey and Buggs respondents separately entered into contracts with petitioner Green Tree Financial Corp. that were governed by South Carolina law and included an arbitration clause governed by the Federal Arbitration Act. Each set of respondents filed a state-court action, complaining that Green Tree's failure to provide them with a form that would have told them of their right to name their own lawyers and insurance agents violated South Carolina law, and seeking damages. The Bazzles moved for class certification, and Green Tree sought to stay the court proceedings and compel arbitration. Mt...
American Ins. Assn. Vs. Garamendi
Court: US Supreme Court
Decided on: Jun-23-2003
American Ins. Assn. v. Garamendi - 539 U.S. 396 (2003) OCTOBER TERM, 2002 Syllabus AMERICAN INSURANCE ASSOCIATION ET AL. v. GARAMENDI, INSURANCE COMMISSIONER, STATE OF CALIFORNIA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 02-722. Argued April 23, 2003-Decided June 23, 2003 The Nazi Government of Germany confiscated the value or proceeds of many Jewish life insurance policies issued before and during the Second World War. Mter the war, even a policy that had escaped confiscation was likely to be dishonored, whether because insurers denied its existence or claimed it had lapsed from unpaid premiums, or because the German Government would not provide heirs with documentation of the policyholder's death. Responsibility as between the government and insurance companies is disputed, but the fact is that the proceeds of many insurance policies issued to Jews before and during the war were paid to the Third Reich or never paid at all. These confiscation...
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