During the October 2004 Term, the Tarlton Law Library monitored cases pending before the Supreme Court. Below is an archive of the opinions issued and the certiorari petitions granted during this Term. This archive does not include summary dispositions of certiorari petitions or orders issued on pending cases.
The cases are listed in reverse chronological order by date that the opinion was issued
National Cable & Telecomm. Ass'n v. Brand X Internet Servs Regulation of cable modem Internet service
MGM Studios v. Grokster
Secondary liability for copyright infringement over the InternetMcCreary County v. ACLU of Kentucky
Constitutionality of the Ten Commandments on government propertyBell v. Thompson
Authority of federal appellate courts to withdraw opinions in habeas petitionsCastle Rock v. Gonzales
Availability of procedural due process claims against a local government that failed to enforce a restraining order against private violenceVan Orden v. Perry
Constitutionality of the Ten Commandments on the grounds between the Texas Capitol and Texas Supreme CourtMayle v. Felix
Limitation period for habeas petitionHalbert v. Michigan
Right to counsel for indigent defendants convicted by guilty pleaOrff v. U.S.
Government sovereign immunity from third-party suites regarding water contracts between the U.S. Bureau of Reclamation and local irrigation districtsExxon Corp. v. Allapattah Services
Minimum amount-in-controversy requirements for federal diversity jurisdiction.Gonzalez v. Crosby
Prohibition under 28 U.S.C. § 2244 of second and successive petitions for habeas corpus relief.Kelo v. New London
Government taking of property for private re-developmentMid-Con Freight Systems, Inc. v. Michigan Public Service Com'n
Federal preemption under 49 U.S.C. § 14504 of state fees upon interstate commercial carriers.American Trucking Associations, Inc. v. Michigan Public Service Commission (Westlake Transp., Inc. v. Public Service Com'n)
Constitutionality of state fees upon intrastate commercial carriers.Graham County Soil & Water Conservation Dist. v. United States
Limitation period for retaliatory discharge actions under the False Claims ActRompilla v. Beard
Unconstitutionally ineffective assistance of counsel at a capital sentencing hearingDodd v. U.S.
Time period for filing a habeas corpus petition under the Anti-Terrorism and Effective Death Penalty Act of 1996San Remo Hotel v San Francisco
Procedural requirements for a claim of takings under the Fifth AmendmentGrable & Sons Metal Products, Inc. v. Darue Engineering
Removal of quiet title claim from state to federal courtMiller-El v. Dretke
Discriminatory use of peremptory strikesWilkinson v. Austin
Due process rights of prison inmatesMerck KGaA v. Integra Lifesciences I, Ltd.
The scope of the “safe harbor” provisions in 35 USC § 271(e)(1) which protect drug research from charges of patent infringement.Bradshaw v. Stumpf
Constitutional requirements regarding conviction through guilty pleaJohnson v. California
Constitutionality under the Equal Protection Clause of a policy which uses race as a factor in prison housing assignmentsSpector v. Norwegian Cruise Line Ltd.
Title III and foreign-flag cruise ships
Gonzales V. Raich
Commerce Clause authority to prohibit cultivation and use of medical marijuana in compliance with state law
Alaska v. United States (on exceptions to report of special master) - Federal or state ownership of submerged landsDeck v. Missouri
Treatment of capital punishment defendants during penalty phase of the trialClingman v. Beaver
Constitutionality of State election laws in light of First Amendment freedom of association rightsJohanns v. Livestock Marketing Assn.
Constitutionality of government beef promotion programLingle v. Chevron U.S.A. Inc. – Limitation of regulatory takings under the Fifth Amendment
Granholm v. Heald
State regulation of the interstate sale of wine directly to consumersPace v. DiGuglielmo
Tolling of habeas petitionsBates v. Dow Agrosciences LLC
Preemption of state tort claims by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)Pasquantino v. United States
Prosecution under the federal wire fraud statute, 18 U.S.C.A. § 1343, for scheme to defraud a foreign government of tax revenueSmall v. United States
Foreign convictions as predicate prior convictions under 18 U.S.C. § 922Dura Pharmaceuticals, Inc. v. Broudo
Causation standards in securities fraud litigationRousey v. Jacoway
Exemption of IRA's from bankruptcy estatesJohnson v. United States
Challenging federal sentencing enhancements based upon a vacated state convictionSmith v. City of Jackson
Disparate impact theory of liability under the Age Discrimination in Employment Act of 1967Rhines v. Weber
Review of federal habeas corpus petition while a state petition is pendingExxon Mobil Corp. v. Saudi Basic Industries Corp.
Federal court review of decisions of state courtsCity of Sherrill v. Oneida Indian Nation of N. Y.
State and local taxation of tribal landsJackson v. Birmingham Bd. of Ed.
Private right of action under Title XI for a claim of retaliation resulting from a complaint about sex discriminationMuehler v. Mena
Search and seizureRancho Palos Verdes v. Abrams
Remedies and damages under the 1871 civil rights statute and the Telecom ActBrown v. Payton
Jury considerations during capital punishment sentencingShepard v. U.S.
Sentencing enhancements under the Armed Career Criminal ActWilkinson v. Dotson
Challenge of parole proceeding under 42 U.S.C. § 1983Ballard v. Commissioner
Review of Tax Court's Special Trial Judge proceeding and recordsTenet v. Doe
Enforcement of CIA financial agreement with former Soviet informantsRoper v. Simmons
Death penalty for juvenile offendersCherokee Nation v. Levitt
Tribal contracts and reimbursement under the Indian Self-Determination and Education Assistance ActStewart v. Dutra Constr. Co.
Liability under the Long-shore and Harbor Workers' Compensation Act (LHWCA) (33 U. S. C. 905(b)) for injury to an employee working on a dredge ; the definition of "vessel" under the LHWCA.Smith v. Massachusetts
Double jeopardyBell v. Cone
Authority of federal appellate courts to grant writ of habeas corpus after an appeal in state courtHowell v. Mississippi
Proper consideration of federal constitutional claims in state courtCommissioner v. Banks
Litigant's income tax liability for the portion of damages recovered that is attorney fees under a contingent fee agreementIllinois v. Caballes
Search and seizure of automobile during a traffic stop for speedingWhitfield v. United States
[Consolidated with Hall v. United States]
Conspiracy to commit money laundering under 18 U.S.C. § 1956(h)United States v. Booker
[Consolidated with United States v. Fanfan]
Constitutionality of U.S. Sentencing Guidelines in light of the Blakely decisionJama v. Immigration and Customs Enforcement
Removal of an alien pursuant to 8 USC § 1231(b)(2) without the country's acceptanceClark v. Martinez
[consolidated with Benitez v. Wallis]
Detention for more than 90 days of a deportable alien held pursuant to 8 USC § 1231(a)Brosseau v. Haugen
Meaning of excessive force under the Fourth AmendmentCooper Industries, Inc. v. Aviall Services, Inc.
Claim for contribution under CERCLA (42 U.S. C. §9613(f)(1))Devenpeck v. Alford
Fourth Amendment standards for arrestFlorida v. Nixon
Legal standards for claims of ineffective assistance of counselKowalski v. Tesmer
Legal standards to confer third-party standingKP Permanent Make-Up, Inc. v. Inc. Lasting Impression
Consumer confusion and the fair use defense and in claim s of trademark infringement.San Diego v. Roe
Restraints on government employee's freedom of speech under the 1st AmendmentKansas v. Colorado
Remedies in water dispute between two statesKoons Buick Pontiac GMC, Inc. v. Nigh
Damages under the Truth in Lending ActSmith v. Texas
Mitigating evidence in capital punishment cases
[The UT Capital Punishment Clinic represented Smith]Leocal v. Ashcroft
Deportation of permenant resident for "crimes of violence"
Norfolk Southern R. Co. v. James N. Kirby, Pty Ltd.
Limitation of liability for damaged cargo
The cases are listed in reverse chronological order by date that the petition was granted:
Scheidler v. NOW and Operation Rescue v. NOW, 91 Fed.Appx. 510 (7th Cir. 2004)
[Consolidated appeals]
The legality of blockades of abortion clinics
Full question presentedHouse v. Bell, 386 F.3d 668 (6th Cir. 2004)
Timeliness of appeal based upon new DNA evidence
Full question presentedRice v. Collins, 365 F.3d 667 (9th Cir., 2004)
Race-based use of peremptory challenge to excuse an African-American prospective juror in a criminal trial
Full question presentedBank of China v. NBM, 89 Fed.Appx. 751(2nd Cir. 2004)
Predicate requirements to establish a civil RICO case
Full question presentedWhitman v. Dep't Transp., 382 F.3d 938 (9th Cir. 2004)
Whether the Civil Service Reform Act precludes actions in federal court by federal employees asserting statutory or constitutional violations
Full question presentedHudson v. Michigan, 2004 WL 1366947 (Mich.App. Jun 17, 2004)
Suppression of evidence seized pursuant to the “inevitable discovery” doctrine but after a violation of the “knock and announce” rule of the Fourth Amendment
Full question presentedHartman v. Moore, 388 F.3d 871 (D.C.Cir., 2004)
“Bivens” actions against law enforcement for retaliatory prosecution
Full question presentedTexaco v. Dagher, 369 F.3d 1108 (9th Cir. 2004)
Legality under the Sherman Act for economically integrated joint ventures to set selling prices of its products
Full question presentedWill v. Hallock, 387 F.3d 147 (2nd Cir. 2004)
Regarding the Federal Tort Claims Act res judicata provision
Full question presentedKansas v. Marsh, 102 P.3d 445 (Kan. 2004)
Standard of evidence in capital sentencing cases
Full question presentedArbaugh v. Y & H Corp., 380 F.3d 219 (5th Circ. 2004)
Meaning of “employer,” under Title VII of the Civil Rights Act
Full question presentedUnited States v. Georgia, 120 Fed.Appx. 785 (11th Cir. 2004)
Goodman v. Georgia, unpublished
[Consolidated]
Eleventh Amendment immunity of state-run prisons from prisoners' ADA claims
Full question presentedRumsfeld v. Forum for Academic and Institutional Rights, et al., 390 F.3d 219 (3rd Cir. 2004)
Constitutionality of the “Solomon Amendment,” the federal statute regarding military recruitment on federally-funded campuses
Full question presentedLaMarque v. Chavis, 382 F.3d 921, (9th Cir 2004)
Timeliness of federal habeas corpus petitions
Full question presentedDomino's Pizza, Inc. v. McDonald, 107 Fed.Appx. 18, 2004 WL 1380296 (9th Cir 2004)
Standing under section 1981of the Civil Rights Act of 1866
Full question presentedDolan v. U.S. Postal Service, 377 F3d 285 (3rd Cir. 2004)
Sovereign immunity under the Federal Tort Claims Act.
Full question presentedLockhart v. United States, 376 F.3d 1027 (9th Cir. 2004)
Collection of student loan debt under the Higher Education Act
Full question presentedOregon v. Guzek, 336 Or. 424, 86 P.3d 1106 (Or. 2004)
Admissibility of exonerating evidence during the penalty-phase of a capital punishment case
Full question presentedMartin v. Franklin Capital Corp., 393 F.3d 1143 (10th Cir. 2004)
Legal standard to award fees and expenses in a consumer class action lawsuit remanded to state court after being removed to federal court.
Full question presentedGonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, 389 F.3d 973 (10th Circ, 2004)
Federal power to ban religious use of controlled substances
Full question presentedGeorgia v. Randolph, 604 S.E. 835 (Ga, 2004)
Government search of a residence with the consent of one occupant but over the objection of ano ther occupant
Full question presentedMaryland v. Blake, 849 A.2d 410 (Md. 2004)
Government's duty to honor custodial suspect's request to talk to a lawyer
Full question presentedCentral Virginia Comm. College V. Katz, 106 Fed.Appx. 341 (6th Circ 2004)
Congressional authority to abrogate states' sovereign immunity
Full question presentedBrown v . Sanders, 373 F.3d 1054 (9th Cir. 2004)
Application of the harmless error doctrine in capital punishment cases
Full question presentedUnited State v. Olson, 362 F.3d 1236 (9th Cir. 2004)
Liability of federal government for failure to carry out safety inspections of mines
Full question presentedVolvo Trucks North America v. Reeder-Simco GMC, 374 F.3d 701 (8th Cir 2004)
Unfair price discrimination
Full question presentedGarcetti v. Ceballos, 361 F.3d 1168 (9th Cir. 2004)
First amendment protection for speech of government employees
Full question presentedRichards v. Prairie Band Potawatomi Nation, 379 F.3d 979 (10th Cir. 2004)
Tax immunity for distributors of fuel sold by Native American tribes
Full question presentedLincoln Property Co. v. Roche , 373 F.3d 610 (4th Cir. 2004)
Federal diversity jurisdiction
Full question presentedUnitherm Food Systems v. Swift-Eckrich, 375 F.3d 1341 (Fed. Cir. 2004)
Appellate review of evidence after a civil jury verdict
Full question presentedTum v. Barber Foods, Inc, 360 F.3d 184 (1st Cir. 2004)
IBP, Inc. v. Alvarez, 339 F.3d 894 (9th Cir. 2003)
[Consolidated]
Compensable activities under the Fair Labor Standards Act
Full questions presented:
http://www.supremecourtus.gov/qp/04-00066qp.pdf
http://www.supremecourtus.gov/qp/03-01238qp.pdfSchaffer v. Weast, 377 F.3d 449 (4th Cir. 2004)
Burden of proof standards in administrative hearings under the Individuals with Disabilities Education Act
Full question presentedGonzalez v. Oregon, 368 F.3d 1118 (9th Cir. 2004)
Assisted suicide and the Controlled Substances Act
Full question presented